2. Additional Terms
"Cryptocurrency" means a digital asset, a blockchain token or a cryptocurrency, which is based on the cryptographic protocol of a computer network that may be (i) centralised or decentralised, (ii) closed or open-source.
"E-Services" means the Internet and/or other facility(ies) provided by, and/or on behalf of, Cirro Capital which enable(s) its clients to give electronic instructions and if applicable, offers in accordance with the terms and conditions of the document(s) agreed by Cirro Capital and its clients and to receive information and related services.
"Information" means information, data, messages, materials and other content contained on the Website (whether provided by Cirro Capital or any third party and whether or not produced as a result of any tool provided on the Website) or sent by Cirro Capital via short message services ("SMS") (if applicable)
"Third-party service provider" means a third party who provides certain services on the Website or whose services can be subscribed on or via the Website.
"Website" means the website of Cirro Capital, accessible via www.cirrocapital.com.
4. Authorised Users
Products and services described herein are not available to all persons in all geographic locations. Only persons who are permitted by applicable law may browse the information and/or accept the services and product offered on this Website. Persons who intend to access or use any part of the Website/Information are responsible for satisfying themselves that they are not subject to any local laws or jurisdictions which restrict or prohibit them from doing so.
5. Authorised Use
The information contained in this Website does not constitute investment advice. An investment in funds mentioned in this Website may not be suitable for all investors and if you are unclear about any of the information on this Website, please consult your stock broker, lawyer, accountant, bank manager or other professional adviser.
- 5.2 None of the Information constitutes a solicitation or offer by Cirro Capital to buy, sell or otherwise deal in, whether as principal or agent or otherwise, any securities, futures, options or other financial instruments or other products or to provide any service or advice of whatsoever nature.
- 5.3 While certain tools available on the Website may provide general investment or financial analyses based upon your personalised input, such results are not to be construed as our providing investment recommendations or advice. Unless otherwise agreed by Cirro Capital in writing, you alone are solely responsible for your investment decisions based on your investment objectives and personal and financial situation.
6. Online Account Access
- 6.1 Cirro Capital may grant you access to E-Services for use on this Website and other dealing facilities, such as telephone systems and interactive response systems, that may be provided by Cirro Capital from time to time (the Website and any such other dealing facilities together the "Dealing Facilities" and individually a "Dealing Facility"). To use certain Dealing Facilities, you will have to register, complete the sign-up process and create an account (the "Account") through our Website to have a unique Client ID issued to you.
- 6.3 You agree to accept responsibility for all activities occurring under your Account or passwords that are due to your conduct, inaction, or negligence. If you disclose your Client ID and/or passwords to any person(s) or entity, you assume all risks and losses associated with such disclosure. If you permit any other person(s) or entity to use your Client ID and/or passwords, or other means to access your accounts, you are responsible for any transactions and activities performed from your account and for any use of your personal and account information by such person(s) or entity. If you believe someone may attempt to use or has used your Client ID or passwords without your permission, or that any other unauthorised use or security breach, loss or theft has occurred, you agree to immediately notify us.
7. Prohibited Use
Because all servers have limited capacity and are used by many people, you may not use the Website in any manner that would damage or overburden any Cirro Capital server, or any network connected to any Cirro Capital server. You may not use the Website in any manner that would interfere with any other party`s use of the Website.
- 8.1 Cirro Capital believes that the information contained on the website is accurate as at the date of publication, however no warranty is made as to the accuracy, suitability, usefulness, reliability or completeness of any such information and no liability in respect of any errors or omissions (including any third-party liability) is accepted by Cirro Capital or its affiliates or any director or employee of Cirro Capital or its affiliates. The use of this website or any other Dealing Facility, and the delivery ("Delivery") of information or documents by Cirro Capital or its agents through this website or any other Dealing Facility or via electronic mail or other modes of delivery, is at your own risk. No warranty is given that the content of this website and the Delivery (including any such information) will be error free or that this website or any servers that operate it or the Delivery are free of computer viruses or other harmful components.
- 8.2 Reasonable precautions have been taken to ensure that website content, including account information and pricing data, are complete and accurate. However, due to the nature of information delivery technology and the necessity of using multiple data sources, including third party content, Cirro Capital is unable to assure the accuracy of the data you access through this website. Website content is presented only as of the date published or indicated and may be superseded by subsequent market events or other reasons. Cirro Capital has no duty to update this website or any website content. Cirro Capital shall not be liable to you or any third party for any damages arising from any actions or investment decisions taken by you based on the accuracy (or otherwise) of the data presented through this website.
- 8.3 The Information available on the Website does not constitute any advice or recommendation on the part of Cirro Capital and are not meant to be relied on by you or any other person. You should consult your own professional adviser before making any investment, financial decision or purchasing any product.
- 8.4 Cirro Capital does not warrant that the any downloads from this website will meet your needs or expectations, or be uninterrupted, secure or error free or that any files available for downloading through this website are free of computer viruses or other harmful components. You alone are responsible for ensuring adequate protection and backup of data, software, computer and other equipment is made and appropriate safeguard is in place to detect, prevent and eliminate computer viruses and other harmful effects. Cirro Capital or its affiliates will not be responsible for any costs or expenses which may be incurred if your use of this website or the Delivery or downloads results in any servicing or replacement of property, material, equipment or data.
- 8.5 We may, at any time and from time to time, at our absolute discretion, without notice and without giving any reason therefor, make any changes to the Information and/or the Website (or any part thereof) and/or decline your access to and/or use of the Website (or any part of the Website). We shall accept no liability in connection with or arising out of any such change or declination, even if any relevant notice may have been given to us.
- 8.6 We do not make any representation or warranty as to the accuracy, truthfulness or reliability of or endorse any third parties’ advertisements, information or contents displayed on, contained in, distributed through, or linked to, downloadable or accessible from or via this Website. We cannot and do not guarantee or otherwise make any representation or warranty as to the quality, merchantability, suitability or fitness for a particular purpose in respect of any third party’s products or services advertised or otherwise accessible via this Website. We will not accept any liability whatsoever arising out of or in connection with such products or services.
9. Use and Disclosure of Personal Information
10. Third Party Content Providers, Sites, Referrals and Hyperlink Policy
- 10.1 For informational or educational purposes, or as a service and convenience to you, this Website may provide referral information, third party content or live links to a regulatory agency, non-profit organisation, or other unaffiliated third party and their websites, including companies that have a relationship with Cirro Capital.
- 10.2 Our decision to provide referral information to a third party or to pass on an offer made by a third-party vendor or to provide a link from our website to a third-party website is not an endorsement of the third party, their products or services, or their website accessed through any such links. We are not responsible for the opinions, ideas, products, information, or services offered at such sites. While we would generally only provide such information from, or links to, sources considered reliable, we do not conduct independent investigations and accordingly we make no representations or warranties, express or implied, as to third-party products, services, content, tools, information and website, and do not guarantee their accuracy, timeliness, completeness, reliability, suitability or usefulness for any particular purpose as we have no control over the content on such non Cirro Capital websites. We advise and encourage you to do your own research and make your own assessment.
- 10.3 Although third-party content may be displayed, framed-in or provided in a pop-up box on the website, or available through a live link from our website to a third-party website, Cirro Capital does not prepare, edit, guarantee or endorse, approve, recommend or introduce any third-party content. By clicking on a link from our website to any third-party website, you will leave this website (even if, for your convenience, a second browser window is opened). When viewing third-party content through such a link, keep in mind that the third-party`s website terms and conditions, privacy and security policies, or other legal information may be different from those of our Website. We are not liable for any direct or indirect technical or system issues, consequences, or damages arising from your use of any third-party website or information provided by third party. We do not warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Your access, use and reliance upon such content, products or services is at your own risk.
11. Limitation of Liability on System and Transmission over the Internet
- 11.1 Cirro Capital or its affiliates, or any of their respective directors, officers, employees or agents shall not be liable for any and all losses, injury (including special, indirect and consequential losses), damages, rights, claims and actions of any kind resulting from accessing or downloading any materials from the website of Cirro Capital or any third party, including without limitation, personal injuries, death and property damage.
- 11.2 Cirro Capital or its affiliates, or any of their respective directors, officers, employees or agents shall not liable for any event of Force Majeure, any virus or other harmful component affecting the Website or any server that operates it, any interception of data or communications in connection with the public nature of the internet, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website, or any combination thereof, including any loss of opportunities or profit arising from any time delay, system disruption or interruption, transmission blackout, delayed transmission or any incorrect data transmission, or any injury or damage to the computer or other electronic devices or property of any person accessing their website or any other person related to or resulting from accessing the websites or downloading any materials from the website of Cirro Capital or any third party.
- 11.3 EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO THE SYSTEM, EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF THE WEBSITE, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE SYSTEM, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE INTERNET, OR THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL.
12. Intellectual property rights and others
- 12.1 Cirro Capital and other parties own the trade names, trademarks, service marks and logos and the like displayed on the Website and none of them should be used unless with our prior written consent and/or the party(ies) owning the same.
- 12.2 Information and the information, data, materials, messages and contents provided by any third-party services provider are protected by copyright and they (or any part of them) should not be reproduced, transmitted, copied, published, distributed, shared, modified or otherwise used for any purpose whatsoever unless with our prior written consent and/or the party(ies) owning the same.
- 12.3 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 any part of the Website or of the Information or any services, information, data, material, message or content provided by any third-party services provider. And you should not permit or assist any other person to do the foregoing. Unauthorised use of any part of the Website or of the Information or any services, information, data, material, message or content provided by any third-party services provider 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.
You hereby agree to indemnify and to keep Cirro Capital and our third-party providers fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding or expense (including legal fees, costs and expenses on a full indemnity basis) suffered or incurred by us and our third-party providers arising from or which is directly or indirectly related to:
(a) your access to and/or use of our Website and/or any other person or entity`s use of this Website where such person or entity was able to access using your Client ID and/or passwords; or
- 14.6 Any Dispute which cannot otherwise be resolved as provided in the paragraph above shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the UNCITRAL Arbitration Rules in force when the Notice of Arbitration is submitted. The arbitration proceedings shall be conducted in English.