These Terms of Use (“Terms & Conditions”) apply to www.capitalfund-hk.com (the “Site”), which is owned or
controlled by CAPITAL FUND INTERNATIONAL LIMITED (the “Company”), although software, hosting and other functions and
content may be provided by third party service providers (“Service Providers”) other companies affiliated with the
Company (“Affiliates”), or merely in a business relationship with the Company (“Business Partners”). The Company’s
Service Providers, Affiliates and Business Partners are intended third-party beneficiaries of this Agreement.
Throughout the Site, the terms “we,” “us” and “our” refer to CAPITAL FUND INTERNATIONAL LIMITED.
The Site is a general website meant to highlight and promote the products and services of the Company and it allows
users to link to various other sites owned and operated by the Company.
CAREFULLY READ THIS DOCUMENT BEFORE USING THE SITE, AS IT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS.
BY USING THE SITE YOU AGREE ON YOUR OWN BEHALF AND ON BEHALF OF EACH ENTITY ON WHOSE BEHALF YOU ARE ACTING, TO BE
BOUND BY THESE TERMS & CONDITIONS, AS WELL AS THE ONLINE PRIVACY STATEMENT AS SUPPLEMENTED OR MODIFIED BY THE
COMPANY FROM TIME TO TIME, FOR EACH USE AND ACCESS OF THIS SITE. THESE TERMS & CONDITIONS APPLY EXCLUSIVELY TO
YOUR USE AND ACCESS OF THE SITE. NOTHING HEREIN IS INTENDED TO, NOR DOES IT, ALTER, MODIFY OR CHANGE THE TERMS &
CONDITIONS OF ANY EXISTING AGREEMENT YOU HAVE WITH THE COMPANY. NOTE THAT THESE TERMS & CONDITIONS CONTAIN
WAIVERS BY YOU OF CERTAIN RIGHTS YOU MAY HAVE AGAINST THE COMPANY.
IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS AND THE ONLINE PRIVACY STATEMENT AS AMENDED FROM TIME TO TIME,
YOU MAY NOT USE OR OTHERWISE ACCESS THE SITE AND YOU SHOULD EXIT THE SITE.
This Site is not directed to or intended for individuals under 18 years of age.
1. ACCEPTING THESE TERMS & CONDITIONS: The provisions herein are referred to as the “Terms
& Conditions” and constitute an agreement between you and the Company. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE
READ THE TERMS & CONDITIONS CAREFULLY, UNDERSTAND EACH OF THEM AND AGREE TO BE BOUND BY ALL OF THEM.
2. CHANGES TO TERMS & CONDITIONS: The Company reserves the right, at its sole discretion, to
change, modify, add or remove any portion of the Terms & Conditions, including the Privacy Statement, in whole
or in part, at any time. Notification of changes in the Terms & Conditions and/or Online Privacy Statement will
be posted on the Site. Changes in this Terms & Conditions will be effective when notice of such changes has been
posted. Your continued use of the Site after such changes are posted will constitute your agreement to such changed
Terms & Conditions and/or Online Privacy Statement.
3. CHANGES TO THE SITE AND TERMINATION OF ACCESS: The Company may change, modify, remove, suspend,
discontinue or terminate any aspect of this Site including the availability of any features or content at any time
without notice or liability. The Company, in its sole discretion, may also impose limits or restrictions on certain
services, features or content, terminate your access to parts or all of the Site, and terminate all rights and
licenses contained in these Terms & Conditions without notice or liability.
The Company may also without notice or liability: (a) remove, modify or otherwise change any user’s Site access for
material breach of this Agreement; (b) supplement or make changes to its user access or security procedures with
notice to Registered Users; and (c) change the type or location of equipment, facilities or software used by it in
providing access to the Site, provided that no such action shall have the effect of amending or otherwise affecting
the parties’ respective obligations under any contract with the Company. All obligations created before termination
shall survive termination.
4. USER CONDUCT: You agree:
Not to use the Site in any manner which could damage, disable, overburden or impair the Site;
Not to interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts,
servers or networks connected to or accessible through the Site or affiliated or linked sites;
Not to upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive or
destructive files;
Not to disrupt or interfere with any other person’s use of the Site or affiliated or linked sites;
Not to attempt to obtain unauthorized access to the Site or portions thereof which are restricted from general
access (“Limited Access Areas”);
Not to grant access to or use of any Limited Access Area of the Site to any third party except as expressly
authorized under these Terms & Conditions;
Not to use any robot, spider or other automatic device, or manual process to monitor, extract, collect, harvest or
copy the web pages or any data or data fields contained at the Site including, but not limited to, personally
identifiable information of any other user of the Site, or the names of customers of THE COMPANY or its Affiliates;
Not to modify, assign, sub-license, sell or prepare derivative works of any materials on the Site nor to reproduce
or publicly display, perform, distribute or otherwise use such materials except as expressly allowed herein;
To retain, on all copies of any materials downloaded, all copyright, trademark, and other proprietary notices
contained in the materials;
To comply with all applicable laws, or policies that are posted from time to time on the Site, that relate to your
use or activities on the Site.
5. SYSTEM REQUIREMENTS: You acknowledge that you have the appropriate computer equipment and
Internet access to use the Site and understand that your use of the Internet may incur certain operational costs
such as monthly fees for a service provider.
6. DISCLAIMER OF WARRANTIES: The Company shall not be responsible for the accuracy, completeness
or use of any information received by you through the Site. THE SITE, INCLUDING ALL SOFTWARE, FUNCTIONS AND CONTENT,
ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. NONE OF THE COMPANY NOR ANY OF ITS AFFILIATES, BUSINESS PARTNERS
OR SUPPLIERS MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, STATUTORY OR ARISING FROM COURSE OF CONDUCT,
INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
NON-INFRINGEMENT. THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY
THAT ANY CONTENT, SOFTWARE OR FUNCTIONS ACCESSED THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE ANY CHANGES TO THE SITE, THE MATERIALS
AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THIS SITE
MAY BE USED FOR INFORMATIONAL PURPOSES ONLY. THE COMPANY MAY MAKE FINANCIAL AND OTHER INFORMATION AVAILABLE THROUGH
THIS SITE. IN SOME CASES, THE INFORMATION MAY BE AUDITED. IN MOST CASES IT WILL NOT HAVE BEEN AUDITED. THE
INFORMATION IN THIS SITE ALSO MAY ATTEMPT TO PREDICT TRENDS. PREDICTIONS OBVIOUSLY MAY OR MAY NOT PROVE TO BE
ACCURATE. THE COMPANY CONSIDERS PORTIONS OF THIS WEB SITE TO BE FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF
SECTION 27A OF THE SECURITIES ACT OF 1933, AS AMENDED, SECTION 21E OF THE SECURITIES EXCHANGE ACT OF 1934, AS
AMENDED AND THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995 AS AMENDED. FORWARD-LOOKING STATEMENTS ARE
INHERENTLY SUBJECT TO RISKS AND UNCERTAINTIES, MANY OF WHICH CANNOT BE PREDICTED WITH ACCURACY AND SOME OF WHICH
MIGHT NOT EVEN BE ANTICIPATED. FUTURE EVENTS AND ACTUAL RESULTS, FINANCIAL AND OTHERWISE, MAY DIFFER MATERIALLY FROM
THE RESULTS DISCUSSED IN THE FORWARD-LOOKING STATEMENTS. FACTORS THAT MIGHT CAUSE SUCH A DIFFERENCE INCLUDE, BUT ARE
NOT LIMITED TO THE FOLLOWING: (1) INTEREST RATES, (2) LOCAL MARKET CONDITIONS, (3) GOVERNMENTAL LAWS AND REGULATIONS
RELATED TO YOUR BUSINESS OR THE BUSINESS OF THE COMPANY, AND GENERAL ECONOMIC CONDITIONS.
7. LIMITATION OF DAMAGES: THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES AND AGENTS SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY TRANSMISSIONS NOT ACTUALLY RECEIVED
OR FOR MALFUNCTIONS IN COMMUNICATIONS FACILITIES WHICH MAY AFFECT THE ACCURACY OR TIMELINESS OF THE ELECTRONIC
RECORDS SENT, OR FOR ANY LOSSES, ERRORS OR DELAYS ARISING OUT OF YOUR USE OF ANY ACCESS SERVICE PROVIDER OR CAUSED
BY ANY BROWSER SOFTWARE. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES AND AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
(INCLUDING BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING
SYSTEM), EVEN IF THE COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATED TO YOUR USE OR ACCESS
TO, OR YOUR INABILITY TO USE OR ACCESS, THE SITE, ITS CONTENT OR FUNCTIONS, OR ANY LINKED WEBSITE. IN NO EVENT SHALL
THE AGGREGATE LIABILITY OF THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND
AGENTS, EXCEED ONE HUNDRED ($100), REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE. THE
NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND
YOU. THIS SITE AND THE MATERIALS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. THE LIMITATIONS OF LIABILITY AND
DISCLAIMERS HEREIN CONTAINED APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT
LIABILITY, NEGLIGENCE OR OTHER TORT AND SHALL SURVIVE THE TERMINATION OF YOUR USE OR ACCESS TO THE SITE, A
FUNDAMENTAL BREACH OR BREACHES, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE
REMEDY.
8. WAIVER, RELEASE AND INDEMNITY: You release, discharge and hold harmless the Company and its
Affiliates and their respective directors, officers, employees and agents from any and all liability, claims or
causes of action (known or unknown) arising out of our or their negligence in connection with the Site, including,
without limitation, liabilities arising out of information posted on the Site or otherwise provided by the Company.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE PARAGRAPH AND FULLY UNDERSTAND THAT IT IS A
RELEASE OF LIABILITY. YOU ARE WAIVING ANY RIGHT THAT YOU MAY HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM AGAINST
US OR THE OTHER PARTIES SET OUT ABOVE FOR OUR OR THEIR NEGLIGENCE. You further agree to indemnify and hold the
Company, and its Affiliates, and their respective directors, officers, employees and agents (the “Indemnified
Parties”) harmless from any breach of this Agreement by you, including use of the Site (other than as expressly
authorized in this Agreement), or any allegation that information or materials that you provide to the Company
infringes the intellectual property, confidentiality, or other rights of any third party. You agree that the
Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to
indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the
Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from
any claims brought by third parties arising out of your use of the information accessed from this Site.
9. NO FIDUCIARY OR CONTRACTUALLY IMPLIED RELATIONSHIP WITH THE COMPANY: You acknowledge that by
using the Site, no fiduciary, contractually implied or other relationship is created between you and the Company
other than the express contractual relationship provided in the Terms & Conditions and any other written
agreement you have entered into with the Company and/or its Affiliates.
10. LINKS TO AND FROM OTHER SITES: As a convenience to you, the Site may contain links to websites
operated by other entities. If you follow those links, you will leave this Site. If you decide to visit any linked
website, you do so at your own risk and it is your responsibility to take all protective measures to guard against
viruses or other destructive elements. The Company makes no warranty or representation regarding, and does not
endorse, approve of, sponsor or recommend any linked websites or the information appearing thereon or any of the
products or services described thereon. Links do not imply that the Company sponsors, endorses, is affiliated or
associated with, or is legally authorized to use any trademark, trade name, logo or copyrighted material displayed
in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or
copyrighted material of CAPITAL FUND INTERNATIONAL LIMITED, the Company, or any of their Affiliates or subsidiaries.
Any such site may contain material, data or information provided, posted or offered by third parties, including but
not limited to advertisements and postings in online community discussions. You agree that neither the Company nor
its Affiliates, Business Partners, or Service Providers shall have any liability whatsoever to you for any such
third party material, data or information. 10. All links to this Site must be approved in writing by the Company
except that the Company consents to links in which: (i) the link is a text-only link containing only the name
“CAPITALFUND-hk.com” or the URL “www.capitalfund-hk.com”; (ii) the link “points” only to “www.capitalfund-hk.com”
and not to deeper pages; (iii) the link, when activated by a user, displays this page full-screen in a fully
operable and navigable browser window and not within a “frame” on the linked website; (iv) the appearance, position,
and other aspects of the link may neither create the false appearance that an entity or its activities or products
are associated with or sponsored by the Company nor be such as to damage or dilute the goodwill associated with the
name and trademarks of the Company. The Company reserves the right to revoke this consent to link at any time in its
sole discretion.
11. TELEPHONE AND COMMUNICATION CHARGES AND EQUIPMENT : You are solely responsible for any and all
telephone and other communications charges and equipment costs relating to your use of the Site. All transmissions
by you via the Site shall be at your sole risk and the Company shall not be responsible for any communications line
failure, equipment or systems failure or other such occurrence.
12. LIMITED LICENSE: Subject to your compliance with all Terms & Conditions set forth herein,
the Company grants you a non-exclusive, non-transferable, revocable, limited right to access, use and display the
Site, and the visible text, graphics and images thereon and to view and download such text, graphics and images.
Except as expressly provided in these Terms & Conditions, we do not grant to you any express or implied right or
license of any intellectual property including patent, trademark, copyright, trade secret or confidential
information of the Company or any of its Affiliates.
13. COPYRIGHT: The Site, including its content and materials, including without limitation all
software, functions, organization, design, content, HTML code, compilation, magnetic translation, digital
conversion, graphics and other files and matters related to this Site, as well as their overall coordination,
selection and arrangement (“Materials”), are protected by Hong Kong copyright laws, international conventions and
other copyright laws. All rights are reserved. All Materials are either owned, controlled or licensed by the
Company. You agree to comply with all applicable copyright laws in your use of this Site and to prevent any
unauthorized copying of the Materials. You will abide by this and any and all additional copyright notices,
information or restrictions contained in any of the Materials. Although you may print and download certain items
posted on the Site and pages from the Site without the express written consent of the Company (provided that you
maintain all copyright and other notices contained therein), you may not otherwise prepare derivative works based
upon such content, nor may such content be modified, copied, distributed, framed, reproduced, republished,
downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without prior
written permission of the copyright owner. No such activity may be competitive with or derogatory to the Company and
no such express or implied right is granted. You may not distribute any of the content of any of the Site to any
other person unless that person accepts all obligations under these Terms & Conditions. Any copyright owner
consent may be revoked at any time, and such consent does not include consent to republish Site information on any
other Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation,
unless expressly given in writing. Any other use of the content of this Site is strictly prohibited.
14. SOFTWARE: Any software as well any files, images generated by such software, code and data
accompanying such software (collectively the “Software”) used or accessible through this Site are the copyrighted
works of the Company, its Affiliates, and/or their respective licensors. The Company retains full and complete title
to and all intellectual property rights it may own or license in the Software. The Company grants to you a
non-exclusive, non-transferable (without the right to grant sublicenses), limited license to use the Software for
the sole purposes as provided in these Terms & Conditions or in any other applicable written document.
15. TRADEMARKS: CAPITAL FUND INTERNATIONAL LIMITED graphics, logos and service marks are
trademarks and service marks of the CAPITAL FUND INTERNATIONAL LIMITED . Such may not be copied, imitated or used,
in whole or part, without the prior written consent of the CAPITAL FUND INTERNATIONAL LIMITED . All other
trademarks, service marks, logos, certification marks, collective marks or trade dress, including “CAPITAL FUND
INTERNATIONAL LIMITED ” collectively “Trademarks”) appearing in this Site are the property of the Company or its
Affiliates, Business Providers or Service Providers. No such Trademarks may be copied, imitated, or used, in whole
or in part, without prior written permission of the owner of the relevant Trademark. All page headers, custom
graphics, button icons, and scripts are Trademarks owned by the Company or its Affiliates, Business Partners or
Service Providers which may not be copied, imitated, or used, in whole or in part, without the relevant owner’s
prior written permission. No rights to use any Trademarks are granted under these Terms & Conditions. Certain
company names and products mentioned on the Site may be claimed as trademarks by their respective owners, who may
not be affiliated with the Company its Affiliates, Business Partners or Service Providers.
16. INTELLECTUAL PROPERTY INFRINGEMENTS: We respect the intellectual property rights of others and
request that you do the same. You are hereby informed that the Company has adopted and reasonably implemented a
policy that provides for the termination in appropriate circumstances of subscribers and account holders of our
system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on
whose behalf you are authorized to act has been infringed, you may notify our Legal Department:
Head of Legal Department Capital Fund International Limited Email: le**************@ca************.com
To be effective, your notification must (i) be scanned to our email, (ii) be provided to our Customer Service
Officer, and (iii) include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a
single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the
Service Provider to locate the material;
Information reasonably sufficient to permit the Service Provider to contact the complaining party, such as an
address, telephone number, and, if available, an electronic mail address at which the complaining party may be
contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company is under no obligation to post, forward, transmit, distribute or otherwise provide any material
available on this site, including material you provide to us, and so we have an absolute right to remove any
material from the site in our sole discretion at any time.
17. RESERVATION OF RIGHTS: The Company and its Affiliates’ products, services, methods and
processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to
trade secret and other proprietary rights. The Company and its Affiliates reserve all such rights.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company is under no obligation to post, forward, transmit, distribute or otherwise provide any material
available on this site, including material you provide to us, and so we have an absolute right to remove any
material from the site in our sole discretion at any time.
18. HONG KONG SITE: The Site is controlled, operated and administrated from the Company’s offices
within Hong Kong. The Company makes no representation that any materials contained on the Site or features provided
on or through the Site or otherwise by the Company are appropriate or permitted in all locations. Those who access
this Site from other jurisdictions are responsible for compliance with local laws.
19. LANGUAGE: You acknowledge that these Terms & Conditions and all ancillary documents on
this Site are drawn up in the English language only and translated in all major languages in the world.
20. GOVERNING LAW: These Terms & Conditions shall be governed by and construed in accordance
with the substantive law of Hong Kong, without regard to conflict of laws provisions. You agree that the exclusive
jurisdiction and venue for any action arising out of or relating to the Site or the Materials, your use of the Site,
or this Agreement shall be in Hong Kong, and you agree to be subject to jurisdiction in such Locations for purposes
of such actions.
21. GENERAL: These Terms & Conditions constitute the entire agreement between the Company and
you with respect to your use of the Site and supersede all prior or contemporaneous agreements, with respect to the
subject matter hereof. No modification of this Agreement shall be effective unless signed in blue ink by an officer
of the Company or posted by the Company on this Site. These Terms & Conditions are not intended to alter the
terms or conditions of any other agreement you may have with the Company to the extent that those agreements govern
issues other than your use of this Site. We may assign our rights and obligations under these Terms & Conditions
but you may not. Any cause of action you may have with respect to your use of this Site or which is the subject of
these Terms & Conditions must be commenced within one (1) Week after the claim or cause of action arises. Any
waiver of any rights of either party must be in writing, signed by the waiving party, and any such waiver shall not
operate as a waiver of any future breach of these Terms & Conditions. The language in these Terms &
Conditions shall be interpreted as to its fair meaning and not strictly for or against either party. If for any
reason a court of competent jurisdiction finds any provision of these Terms & Conditions or portion thereof to
be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of
these Terms & Conditions, and the remainder of these Terms & Conditions shall continue in full force and
effect.
22. CONTACTING US: If you have any questions or comments about these Terms & Conditions or
this Site, please contact us.
CAPITAL FUND INTERNATIONAL LIMITED 608-09 ONE ISLAND SOUTH, NO 2 HEUNG YIP RD, HONG KONG.
Updated by The Capital Fund International Legal Team on January 01, 2019
