These terms of use (“Terms”) apply to any person (“you” or “your”) accessing or using the website operated by DWealth Limited (“DWealth Limited”, “we”, “us”, or “our”) at www.dwealth.vip (“Site”) and/or the services owned and operated by DWealth Limited or its affiliate(s) through the Site (“Services”). By using the Site and/or Services, you are indicating your consent to be bound by these Terms. Your continued use of the Site or the Services shall constitute your acceptance to these Terms. If you are an authorised representative of another person (e.g. a company), that person will be bound by these Terms by your accessing or using or continue to access or use the Site and/or the Services. If you (or any person(s) represented by you) do not accept these Terms, DWealth Limited will not provide you with access to the Site or Services and you must immediately stop using, or discontinue your use of, this Site and the Services.
Your use of the Site or the Services may be monitored by DWealth Limited, and the information you provide may be used by DWealth Limited for its internal business purposes or in accordance with the applicable laws and/or the rules, codes and guidelines from time to time issued by any applicable regulatory body(ies). In the interest of security, DWealth Limited reserves the right to record all telephone conversations, internet conversations (including, without limitation, chats) and any meetings between you and DWealth Limited.
DWealth Limited reserves the right, at any time and from time to time, in the interests of its own editorial discretion and business judgement to add, modify or remove any of the information or materials available on the Site. These Terms are not intended to, and will not, transfer or grant any rights in or to the information or materials (other than those which are specifically described herein) and all rights not expressly granted herein are reserved by DWealth Limited, its affiliates(s) and other third party providers from whom DWealth Limited has obtained the information or materials.
DWealth Limited may, in compliance with any applicable law, exercise full discretion in modifying or discontinuing any part or whole of the Site or the Services at any time without cause or prior notice.
Your Account
You agree that any information provided by you on or to this Site is true, complete and accurate. You agree to inform us promptly on becoming aware that any information you have provided to us is or has become untrue, incomplete or inaccurate. If you provide information that is or becomes untrue, incomplete or inaccurate, or we have grounds to suspect that such information is untrue, incomplete or inaccurate, without limiting any other right or remedy available to us, we may limit, suspend or terminate your access to this Site and the Services.
Access to certain parts of this Site or the Services requires you to register an account with us. You may access those certain parts of the Site or the Services using your username and password, set up by you. Your account is personal to you and is not transferable. You are responsible for keeping, protecting and securing your username and password from unauthorised use and disclosure. You agree to take all responsibility for all statements made, all acts or omissions that occur and all activities that take place under or through your account, and to notify us immediately upon you becoming aware of, or if you believe there has been, any unauthorised use of your account or any other breach of security for any of your information stored on the Site. We reserve the right to take any action we deem appropriate on receiving notification of unauthorised use of your account or a breach of security.
Certain aspects of this Site or the Services may be governed by additional terms and conditions. You are also required to read and abide by any additional terms and conditions that may be posted on this Site from time to time concerning the information or materials obtained from specific third party providers. You agree to comply with any such further terms and conditions and with all relevant laws and rules that apply to your use of that aspect of the Site or the Services.
You acknowledge and agree that, except as otherwise expressly permitted by DWealth Limited:
- You are not permitted to reproduce, modify, sell, publish, transmit and distribute or commercially exploit any information available to you on the Site, in whole or in part, in any format to or for any third party, without prior written permission of DWealth Limited and/or the relevant affiliate(s) of DWealth Limited;
- You shall not use any information on the Site for any unlawful or unauthorised purposes;
- You shall at all times exercise your own judgment in the use of the Site or the Services;
- All information and materials available on the Site are prepared and provided for informational purposes only without regard to any particular user’s investment objectives, financial situation or means, and such information and materials are not to be construed as a recommendation of DWealth Limited or any of its affiliates, or an offer or an attempt to offer to buy or sell, or the solicitation of an offer to buy or sell, any security, financial project, or instrument, or to participate in any particular trading strategy or investment scheme in any jurisdiction in which such an offer, attempt to offer or solicitation, or trading strategy, or investment scheme, would be illegal;
- The Services available to you through the Site constitute neither a recommendation to enter into any particular transaction nor a representation that any service, product or investment described on the Site is suitable or appropriate for you;
- Certain transactions, including, but not limited to, those involving futures, options, and other complex products or derivatives, give rise to substantial risk and are not suitable for all investors;
- You should not enter into any particular transaction(s) unless you have fully understood all such risks and have independently determined that such transaction(s) are appropriate for you; Any discussion of the risks contained herein shall not be considered to be a complete or comprehensive disclosure of all risks; and
- You shall not construe any of the information or material contained in the Site as business, financial, investment, hedging, trading, legal, regulatory, tax or accounting advice.
Privacy
When you provide personal data or information to us, we will comply with our Privacy Policy. By accessing or using our Site or Services you are deemed to have agreed to our Privacy Policy (as may be amended from time to time).
Disclaimers, Limits of Liability & Indemnities
The Services and the information available on the Site are provided on an “as-is” basis and on an as available basis. All use of the Site is at your own risk.
To the extent permitted by law:
- DWealth Limited makes no warranties, representations and guarantees (whether express or implied) as to the accuracy, correctness, quality or reliability of the information or materials available on the Site, or the security of the Site, or the security of using the Services through the Site. By using the Site or the Services, you agree that errors, inadequacy and/or omissions contained in such information and/or materials, or interruptions in the delivery of any data or services available on the Site, or failure or delay in the execution of any transaction(s) through the Site, shall not be made the basis for any claim, demand or cause of action against DWealth Limited;
- Third party providers shall have no liability to you for monetary damages on account of any of their information or materials provided to you via the Site;
- DWealth Limited expressly disclaims all warranties, representations, guarantees and liabilities, including without limitation all implied warranties, representations and guarantees related to merchantability or fitness for a particular purpose, accuracy, completeness, reliability, usability, security, quality, performance, availability (or continued availability), or timeliness of the Site, its content or the content of any website linked to or from this Site;
- Neither DWealth Limited nor any third party providers shall have any responsibility to maintain the data, information and materials available on the Site or to supply any corrections, updates or releases in connection therewith. Availability of the data, information and materials on the Site is subject to change without notice;
- DWealth Limited shall have no liability, contingent or otherwise, to you or to any other person, or any responsibility whatsoever, for the failure of any connection or communication to provide or maintain your access to this Site or the Services, or for any interruption or disruption of such access or any erroneous communication between you and DWealth Limited, regardless of whether the connection or communication is provided by DWealth Limited or any of its third party service providers;
- DWealth Limited and its employees, officers, agents and contractors shall, to the extent permitted by law, not be liable to you or any other person for any losses, expenses, claims or costs whatsoever (including without limitation any loss of profits, revenue or data, incidental, consequential, exemplary, special, or indirect damages or other intangible damages) arising out of or in connection with these Terms or resulting from the use or the inability to use any information available on or downloaded from this Site, or your use of or access to (or inability to use or access) this Site or the Services, even if DWealth Limited or any of its affiliates has been advised of the possibility of such damages. This exclusion or limitation of liability applies regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise; and
- To the extent that certain liability(ies) may not be excluded, limited or disclaimed under applicable law, DWealth Limited shall only be liable for direct loss or damages actually incurred by you not exceeding HK$5,000 as a result of your use of our Services through the Site.
Indemnity
You will indemnify and hold harmless DWealth Limited and its employees, officers, agents and contractors from and against (without limitation) any and all losses, expenses, claims or costs (including out of pocket expenses and charges for our time), arising out of or related to your breach of these Terms or any applicable laws or the rights of any third party.
Third party information & links
The Site contains information provided by other person(s) and may include link(s) to other website(s). The inclusion of any such information or link(s) does not imply our endorsement, approval or recommendation of such information or link(s) or its related products or services. DWealth Limited shall not be responsible for any contents, statements, operations, products and/or services disclosed in such link(s) or website(s) or provided by such other person(s) through our Site. We take no responsibility for any damage or harm arising out of your use or reliance of such third party information or link(s).
Reliance on information
No part of this Site is intended to constitute advice by us. We are not liable or responsible for any reliance placed on this Site, and the contents of this Site, by you or anyone who you may inform of its contents. We make no guarantee of any specific results from the use of this Site. Where you take any decision, or enter into any agreement with any other person, as a result of your use of this Site, you acknowledge that you do so having independently made all such investigations and taken all such professional advice as may be necessary to enable you to make an informed and independent decision. You agree to comply with any such agreement and with any relevant laws that apply to that agreement.
Viruses, hacking & other offences
Conducting any illegal activities or any other activities that may constitute an offence under any applicable law is strictly prohibited. You agree that you will not engage in any activities related to this Site that are contrary to applicable laws and regulations. While DWealth Limited will use its best endeavor to protect the Site from viruses attack or hacking, DWealth Limited will not be liable or have any responsibility of any kind for any loss or damage that you may incur in the event of the transmission of any viruses which may infect a user’s equipment, or any unauthorized access to the Site or Services, computer systems or networks connected to such Site or Services through hacking, password mining or any other means.
Intellectual property
We (and our intellectual property licensor(s)) own all proprietary and intellectual property rights in:
This Site, including (without limitation) all text, graphics, brands, logos, icons, sound or image recordings, and its look and feel, the underlying software, system and network, and any other material forming part of this Site; and any copy, development, adaptation, or customisation of, or modification to, the items listed above.
Except to the extent expressly permitted by these Terms or by law, you must not copy, adapt, store, distribute, display, publish, reproduce or create derivative works from any part of this Site, nor decompile or reverse engineer any underlying software, system or network.
DWealth Limited and its intellectual property licensor(s) reserve all rights to such proprietary information (including, but not limited to, all intellectual property rights) in all forms, whether or not registered or capable of registration under applicable laws, and any other rights relating to intellectual property, subsisting in or relating to the Site or the Services.
No waiver
If we do not exercise or enforce any rights available to us under these Terms, it does not constitute a waiver or we shall not be deemed to have given a waiver of any of those rights. A waiver of any such rights must be given by us in writing.
Illegality/Severability
If any part or provision of these Terms is invalid, illegal, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. That replacement term and the remainder of these Terms will be binding on you.
Jurisdiction
These Terms are governed by and construed in accordance with the laws of the Hong Kong SAR and any dispute or claims arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Hong Kong SAR.
Amendments
DWealth Limited reserves the right to amend these Terms at any time without notice. Such changes or updates will be published online and will be effective immediately upon posting. You should review these Terms periodically to ensure that you are familiar with the latest Terms. Your continued use of this Site or the Services following any amendment to these Terms shall constitute your acceptance to the Terms, as amended. If you (or any person(s) represented by you) do not agree to such amendment(s), you must forthwith notify DWealth Limited in writing of your refusal and discontinue of your use of the Site or the Services.