OPTIONS, THE EDGE WEBSITE (“WEBSITE”)
Terms & Conditions (the “Terms of Use”)
By accessing the Website or registering as a user of the Website, you agree to be bound by the Terms of Use. Please note that this is a legally binding contract between you and The Edge Communications Sdn. Bhd. (“we”). If you do not agree with the Terms of Use, you should exit from the Website or cancel your registration.
1. CONTENT OF THE WEBSITE
1.1 We make available on the Website business and investment related news and other related content such as analytics and tools.
1.2 We may from time to time, at our sole discretion, vary, amend, add to, suspend or remove any content of the Website, with or without giving you prior notice.
1.3 The Website may be temporarily unavailable from time to time due to maintenance, telecommunications interruptions or other disruptions.
2. FEE (WHERE APPLICABLE)
2.1 We reserve the right at any time to charge subscription fees for access to the Website or any content thereof or for the use of any special feature comprised therein. The amount of subscription fee, the subscription period and the specific terms of subscription governing the access or use thereof will be indicated on the on-line registration form.
2.2 You shall bear any taxes, duties or levies to which the subscription fee is subject.
3. YOUR OBLIGATIONS
3.1 You need to set-up or configure your PC and devices properly to have optimal access to the Website at all times. As we may from time to time incorporate new technologies in the Website, we suggest you get expert help in configuring and maintaining the PC and devices you use to access the Website. You are solely responsible for charges payable to connect your PC and devices to the Website such as Internet connection charges, cellular network data charges, and other related fees or charges.
3.2 Information transmitted through the Internet and other network services is generally not secure. We therefore cannot and will not guarantee the privacy or security of any information you transmit to us when accessing the Website including your personal information, your User ID and Password. You should take the necessary security measures (such as changing Password regularly) to protect such information. Please notify us immediately if you discover any unauthorised use of your User ID and/or Password or any other breach of security.
3.3 You must use the Website in a manner consistent with any and all applicable international and local laws, regulations and directives.
3.4 The Website is made available to you for your own personal use only. In no event must you use the Website for or in connection with any business or commercial enterprise, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise.
4. NO INVESTMENT ADVICE
4.1 All news, information and other material displayed on the Website are for your general information purpose only and are no substitute for independent research and/or verifications.
4.2 In particular, you must not treat the Website as a financial or investment advisory service. The information on the Website is provided on a general basis without taking into account your specific investment objectives, financial status and particular needs. You must therefore seek specific advice from your stockbrokers, lawyers, financial advisers, or such other appropriate professionals before acting or relying on the information obtained from the Website.
5. FORUM
5.1 The Website includes a forum that allows interaction between users (the “Forum”). We call the information posted to the Forum by users “User Generated Material” or “UGM”. If you wish to view or participate in a Forum then you must comply with any specific rules posted on the Forum.
5.2 You will retain ownership of the copyright in any of your UGM that you or we publish on the Website. If you post any UGM to the Forum you are granting us a right (but not an obligation) unlimited in time to publish, re-use, archive, modify, delete or commercially exploit that UGM in whole or in part as we see fit, whether on the Website or otherwise, without any requirement to pay you for this and with or without attribution to you. This means that you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free licence to use any UGM you publish in whole or in part in any manner and for any purpose whatsoever and without further obligation to you. You also waive any moral rights that you may have in regard to the UGM.
5.3 You are responsible for all the content of any of your UGM that you or we publish. You are financially responsible to us for any claim against us by any third party that your UGM is not in accordance with the Terms of Use or that otherwise relates to your UGM.
5.4 You agree that you will:
• only publish UGM that is your original content and will not infringe the copyright or other rights of any third party when publishing UGM.
• not post, link to or otherwise publish any UGM containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication.
• not post, link to or otherwise publish any UGM with recommendations to buy or not buy a particular security or other investment or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security or other investment.
• not post, link to or otherwise publish any UGM that is threatening, offensive, libellous, indecent or otherwise unlawful.
• not publish any UGM that is discriminatory in nature, for example, comments which make attacks on the grounds of race, religion, sex, gender, sexual orientation, disability or age.
• respectfully challenge different points of view but not personally attack other commentators.
• not disguise the origin of any UGM and not impersonate any person or entity (including our employees or Forum guests or hosts) or misrepresent any connection with any person or entity.
• not post or otherwise publish any UGM unrelated to the Forum or the Forum’s topic.
• not post or transmit any UGM that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of the Website or any computer software or equipment.
• not collect or store other users’ personal data.
• not restrict or inhibit any other user from using the Forum.
5.5 The Forum contains UGM submitted by users over whom we have no control so we cannot therefore guarantee the accuracy, integrity or quality of any UGM. Some users may not behave properly and may post UGM that is misleading, untrue or offensive. To the fullest extent permitted by applicable laws, we exclude all responsibility and liability for the UGM or for any losses or expenses resulting from its use and/or appearance in the Forum.
5.6 It is not possible for us to fully monitor all UGM published on the Website but where we have actually received notice of any UGM that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of the Terms of Use, then we will review that UGM, decide whether to remove it from the Website and act accordingly. If you believe that any UGM published on the Website infringes any legal rights that you may have or is not allowed under the Terms of Use, please notify us immediately with specific details.
6. INTELLECTUAL PROPERTY
6.1 All intellectual property rights and proprietary rights in all content and material inclusive of text, photographs, video, audio and graphics, that is part of, contained in, or accessed through the Website and in any enhancements or modifications to, adaptations or translations of, or derivative works based on the foregoing shall be and remain our property or that of our licensors, as the case may be. No intellectual property or other rights is transferred to you.
6.2 You may not modify, copy, distribute, republish or download any of the material on the Website without our prior consent in writing.
6.3 You do not acquire any rights to any User ID, IP address, and any codes (whether assigned to you or otherwise) and we reserve the right to change any of them at our sole discretion without being liable to you for any damages or losses suffered.
6.4 You may not use the Website and the information contained therein to construct database of any kind nor store the information (in its entirety or in any part) in databases for access by you or any third party nor distribute any database services containing all or part of the Website.
7. NO WARRANTY
7.1 You accept that the Website is provided on an “as is, as available” basis. Any condition or warranty which may be implied or incorporated within the Terms of Use by reason of statute or common law or otherwise (including warranties as to merchantability, suitability, satisfactory quality and fitness for purpose) is hereby expressly excluded.
7.2 In particular, we do not give any warranty in respect of the timeliness, accuracy or completeness of any information provided on the Website because the Internet is, due to unpredictable traffic congestion and other reasons, an inherently unreliable medium of communication and that such unreliability is beyond our control.
7.3 Content displayed on the Website may include views and opinions of third parties which do not necessarily reflect our view. Therefore we cannot and do not guarantee the accuracy or completeness of, or otherwise endorse, these views and opinions.
7.4 Where we provide advertisements of third party products or services on the Website (whether or not by way of hypertext links to another website) we do so for information purpose only, and such advertisements are not endorsements or approval by us of any such products or services and we accept no liability nor make any endorsement or approval of the same. We neither endorse nor approve the contents of the third party websites to which such advertisements are linked and your access to such websites shall be entirely at your own risk and subject to such terms and conditions as may be posted thereon.
8. DISCLAIMER
8.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE FOR OURSELVES AND ON BEHALF OF OUR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE.
8.2 Without prejudice to the foregoing, we, our officers, employees, agents, suppliers, and licensors shall not be liable to you for any cost, claim, liability, expense, demand or damages whatsoever (including any loss of profits, lost savings, direct, indirect, special, incidental or punitive losses or consequential damages) arising out of:
• your use or inability to use the Website or any part thereof;
• any error, omission or inaccuracy with respect to any advice or information obtained by virtue of the Website;
• the inaccuracies, delays, omissions, non-deliveries of information caused by any human/mechanical/electrical fault, omission, breach of contract, negligence or otherwise.
9. INDEMNITY
9.1 Without prejudice to any of the other provisions of the Terms of Use and to any other rights and remedies which we may have at law, you agree, at your own expenses, to indemnify, defend and hold us, our officers, employees, agents, suppliers, and licensors harmless at all times against all actions, proceedings, costs, claims, expenses (including legal costs on a full indemnity basis), demands, liabilities, losses (whether direct, indirect or consequential) and damages (whether in tort, contract or otherwise) whatsoever (including claims made by third parties and claims for defamation, infringement of intellectual property rights, death, bodily injury, wrongful use of computers, unauthorised or illegal access to computers (including hacking), property damage or pecuniary losses howsoever arising, which we, our officers, employees, agents, suppliers and licensors may sustain, incur, suffer or pay arising out of, in connection with the use of the Website whether authorised or not or any act or omission on your part.
10. TERMINATION
10.1 We reserve the right at our sole discretion to immediately terminate your access to and use of the Website if you shall fail to comply with the Terms of Use.
11. NOTICES
11.1 Any notice required or permitted may be made by e-mail properly addressed to the intended recipient, and in the case of notice to us at the e-mail address provided below.
12. ASSIGNMENT
12.1 We may assign, delegate and/or otherwise transfer our rights and obligations hereunder to any person or entity. You may however not assign, delegate or otherwise transfer any of your rights or obligations hereunder without our prior written consent. The contract formed hereunder shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
13. NO WAIVER
13.1 No waiver on our part to exercise, and no delay in exercising, any right, power or provision of the Terms of Use shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or provision hereunder preclude the exercise of that or any other right, power or provision. The rights and remedies provided in the Terms of Use are cumulative and are not exclusive of any rights or remedies provided by law.
14. SEVERABILITY
14.1 Should any part of the Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.
15. ENTIRE AGREEMENT
15.1 The Terms of Use contain the entire understanding between us with respect to the Website and no representation, statement, inducement oral or written, not contained herein shall bind either of us.
16. CHANGES TO TERMS OF USE
16.1 We reserve the right, at our sole discretion, to change, modify, add or remove any of the provisions of the Terms of Use at any time. Such modifications shall be effective immediately. You shall therefore check this page periodically for changes to the Terms of Use. Your continued use of the Website following the posting of changes to the Terms of Use shall mean that you accept those changes.
16.2 We may from time to time introduce new services. Use of such new services may be governed by specific terms and conditions in addition to the Terms of Use herein. Such specific terms and conditions shall be read together with the Terms of Use herein.
17. GOVERNING LAW & JURISDICTION
17.1 The Terms of Use shall be governed by and construed in accordance with the laws of Malaysia and all disputes arising in any way out of or affecting the Terms of Use shall be subject to the exclusive jurisdiction of the courts of Malaysia, to which the parties agree to submit.
17.2 As the Website may be accessed internationally, the users who access the Website are responsible for compliance with the laws of the jurisdictions from which they access the Website, if and to the extent local laws are applicable.
18. PERSONAL DATA PROTECTION POLICY
18.1 On registration, you must provide us with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the Website. We are entitled to rely on any information you provide to us.
18.2 Please refer to our Personal Data Protection Notice page for our personal data protection policy governing our collection of personal data.
19. LINKING AND FRAMING
19.1 By linking to the Website, you represent that you have read and agree to be bound by the provisions of this Section 20. You further represent that you have read and agree to be bound by the Terms of Use.
19.2 You acknowledge that the Website, including but not limited to the text, contents, photographs, video, audio and graphics thereon, has been specially designed by us for presentation in a unique format and appearance, with our look and feel (collectively “Look and Feel”), and that such Look and Feel is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Malaysia and other countries. Upon linking to the Website pursuant to the terms and conditions of this Section 20, you will be granted a non-exclusive, non-transferable, royalty-free license to use the Website mark solely for providing an underlined, textual link from your website to optionstheedge.com. No other use of optionstheedge.com mark or name is permitted without our prior written consent.
19.3 Without limiting the provisions contained in this Section 20, you may include a link on your website to the homepage of the Website, currently located at optionstheedge.com (the “Home Page”). Please notify us at our email address specified below when you link to the Home Page pursuant to this Section 20.3. You may not however link to the Website any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.
19.4 We are concerned about the integrity of the Website when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, we are concerned with activities such as linking to an internal or subsidiary page of the Website that is located one or several levels down from the Home Page (“deep linking”), or bringing up or presenting content of the Website within another website (“framing”). In this regard, without limiting the provisions contained in this Section 20, you must make a specific request for, and secure permission from, us prior to deep linking to, or framing, the Website or any of its content, or engaging in similar activities. If you would like to deep link to or frame the Website, or any of its content, you must request permission from us.
19.5 We may by notice to you and without assigning any reasons therefor revoke any prior permission granted to you under this Section 20 to link or deep link to or frame the Home Page or any part thereof and you shall forthwith upon receipt of the notice cease such linking or deep linking or framing.
Last updated on 30 October 2017
THE EDGE COMMUNICATIONS SDN. BHD.
Level 3, Menara KLK
No. 1 Jalan PJU 7/6
Mutiara Damansara
47810 Petaling Jaya
Selangor
Malaysia
Tel: (603) 7721 8000
Fax: (603) 7721 8118
Email: [email protected]
