1. In these Conditions,
   "Applicable Laws" or "Applicable Law" means all laws, rules, regulations, licenses and determinations, decisions and directions of any country or of any regulator or any political sub-division thereof to which you are subject or any one of the aforesaid laws, rules, regulations, licenses, determinations, decisions and directions.
   "Conditions" means these Conditions of Use of Delta Asia Group (Holdings) Limited Web Portal as amended from time to time.
   "Content" means all information, data, materials and opinions shown on DAGH Web Portal and others which you may see, read, hear, download and/or gain access on, from, to or via DAGH Web Portal including, without limitation, files, softwares, images, illustrations, text, graphics, pictures, sounds, links and other items.
   "DAGH" means the group of companies of Delta Asia Group (Holdings) Limited and "group of companies" shall have the same meaning as defined in section 2 of the Companies Ordinance (Cap.32 of the laws of Hong Kong).
   "DAGH Web Portal" is the abbreviation of Delta Asia Group (Holdings) Limited Web Portal and includes the Content, Data (defined below), Internet Financial Services (defined below), Products (defined below), Services (defined below) and Websites (defined below). The Content, Data, Internet Financial Services, Products, Services and Websites together with the server(s), software(s), hardware(s) and equipment connected to or via DAGH Web Portal each forms part of DAGH Web Portal.
   "Data" means all data, information, messages and other communications given by you to us and/or given by us to you and/or appearing on DAGH Web Portal (or any part thereof).
   "Internet Financial Services" or "Internet Financial Service" means EXCELeStock, EXCELeTrade, EXCELeFX, EXCELeBank and other products and services presently or subsequently available in any part of DAGH Web Portal or any one of them.
   "Products" or "Product" means products, presently or subsequently, offered by or provided in any part of DAGH Web Portal or any one of them.
   "Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China.
   ""Specific Agreements" or "Specific Agreement" means the agreement(s) (as amended from time to time) that respectively govern(s) the access to and use of the Internet Financial Service(s) and/or the access to and use of the Website(s) and all matters in relation thereto.
   "Services" or "Service" means services, presently or subsequently, offered by or provided in any part of DAGH Web Portal or any one of them.
   "Websites" or "Website" means any or more or all of the parts of DAGH Web Portal operated by and/or contents (including, without limitation, information, data, logos, designs and marks shown on the contents) posted on DAGH Web Portal by some members of DAGH or by the third party providers appointed by any such members or any or more or all of the websites of any such members.
   
   
2. In these Conditions,
   1. words importing the singular shall include the plural and vice versa and references to a person shall include individual, body corporate or unincorporate.
   2. headings are inserted for convenience only and shall not affect the interpretation of these Conditions and references to Clauses are to be construed as references to clauses of these Conditions unless otherwise stated.
   3. reference to a statute or statutory provision includes a reference to it as amended, extended, replaced, substituted or re-enacted from time to time and shall include any subordinate legislation made under the relevant statute or statutory provision.

 

2. Legality

1. In some countries, any access to and/or use of the DAGH Web Portal or any part thereof or any of the Internet Financial Services or any Product or Service is/are restricted or prohibited. You confirm that your access to and/or use of the DAGH Web Portal or any part thereof or any of the Internet Financial Services or any Product or Service is/are not so restricted or prohibited. You further confirm that your aforesaid access and/or use are in compliance with all Applicable Laws.
   
   
2. Nothing in DAGH Web Portal shall be regarded as an offer or solicitation to sell investments or make deposits in any jurisdiction in which it is unlawful to do so or in which any person making such offer or solicitation is not qualified or to anyone to whom it is unlawful to make such offer or solicitation.

3. Withdrawal, Change and Addition

1. We may, at any time and from time to time, without notice and at our absolute discretion, withdraw or change or make any addition to DAGH Web Portal (or any part thereof) or any of the Internet Financial Services or any Product or Service. We accept no liability resulting from any such withdrawal, change or addition. In any event, your eligibility to any part of DAGH Web Portal or any of the Internet Financial Services or any Product or Service is always subject to our final approval. We reserve our right to disapprove your eligibility at any time even it has been previously approved by us and we shall not be liable to you or any other person for any loss or damage as a result of such disapproval.
   
   
2. Any withdrawal, change or addition mentioned in Clause 3(a) above will take effect immediately upon it being posted on any part of DAGH Web Portal.

4. Fees

1. We may, at any time, charge fees for access to and/or use of any or more or all parts of DAGH Web Portal. In which event, we may also introduce additional terms and conditions in relation to the said fees. The said fees and the said additional terms and conditions may be amended by us from time to time and any amended version thereof will take effect immediately upon it being posted on any part of DAGH Web Portal.

5. Disclaimer of Liability

1. We do not warrant or represent or guarantee:
   1. the accuracy, adequacy, completeness, fairness, timeliness or sequence of any part of DAGH Web Portal ;
   2. that DAGH Web Portal (or any part thereof) does not infringe any third party's title, right, benefit or interest;
   3. that DAGH Web Portal (or any part thereof) is merchantable or fit for any particular purpose; and
   4. that DAGH Web Portal (or any part thereof) or the server operating DAGH Web Portal is error free or free from any computer virus or any harmful component. It is your sole responsibility to prevent any computer virus or harmful component from entering your computer system and any part of DAGH Web Portal. You should not, and you should not permit or assist any other person to, disrupt or interfere with DAGH Web Portal or any server, software, hardware or equipment connected to or via DAGH Web Portal.

   And therefore we accept no liability in respect of the foregoing.

2. Owing to frequent Internet traffic congestion and the public nature of the Internet, using the Internet may be subject to the risks including, without limitation, the following:
   1. interruption;
   2. transmission blackout;
   3. delayed transmission;
   4. incorrect Data transmission;
   5. loss of Data;
   6. loss of confidentiality of Data.
      

   You should be prepared to accept all such risks. And you are solely responsible and we are therefore not liable in any way to you or any other person for all losses, liabilities, damages, costs and expenses resulted therefrom.

3. You should be solely responsible for and we are therefore not liable in any way to you or any other person for all losses, liabilities, damages, costs (including, without limitation, the costs of servicing or replacing any property, material, equipment or data) and expenses sustained or incurred by you or such other person, directly or indirectly, as a result of your access to and/or use of any part of DAGH Web Portal or as a result of your inability to make such access and/or use or any failure or delay in transmission or receipt of any part of the Content or any Data or as a result of your or such other person's reliance on any part of DAGH Web Portal. Further, we are not liable in any way to you or any other person even if we may have known the possibility of any aforesaid loss, liability, damages, costs or expenses.

4. Your use of our or others' hyperlinks between DAGH Web Portal (or any part thereof) and other internet sites is at your sole risk and expense. The contents of such internet sites (i.e. all the information, data, materials, opinions and products and services shown on or provided in such internet sites and others which you may see, read, hear, download and/or gain access on, from, to or via such internet sites including, without limitation, files, softwares, images, illustrations, text, graphics, pictures, sounds, links and other items) and other parts of such internet sites are not investigated, verified, monitored or endorsed by us. We are, therefore, not liable for any loss or damages which you or any other person may suffer, directly or indirectly, as a result of your use of our or others' hyperlinks between DAGH Web Portal (or any part thereof) and such internet sites or as a result of your access to and/or use of or your inability to gain access to and/or use of or your interaction, communication or dealing with any part of such internet sites (or any part of the contents thereof) through any part of DAGH Web Portal or as a result of your or any other person's reliance on any part of such internet sites (or any part of the contents thereof).

5. Certain parts of DAGH Web Portal are provided by third party providers. Any your interaction, communication or dealing with any such third party provider shall be solely between you and that third party provider. We are not liable for any loss, liability, damages, costs or expenses that you or any other person may sustain or incur as a result of any such interaction, communication or dealing or as a result of your or any other person's reliance on any part of DAGH Web Portal provided by any of the third party providers.

6. Title and Rights

1. Notwithstanding anything to the contrary contained in other clauses of these Conditions, all title, rights (including, without limitation, copyright and other intellectual property rights), benefit and interest in, to, of and arising from all the parts of DAGH Web Portal are owned by us and/or other persons entitled thereto. You should not infringe any aforesaid title, right, benefit or interest and you should not permit or assist any other person to make such infringement. Your access, use or interaction with any part of DAGH Web Portal shall not mean that any license or transfer in respect of any aforesaid title, right, benefit or interest be granted or made to you. This Clause 6(a), however, does not mean any warranty, representation or guarantee given on our part that DAGH Web Portal (or any part thereof) does not infringe any third party's title, right, benefit or interest.
   
   
2. Insofar as permitted by any law applicable to us, all data, ideas, concepts and other information collected or derived from DAGH Web Portal are our property and we can use all such data, ideas, concepts and other information freely without any restriction.
   
   
3. DAGH Web Portal (or any part of it) should be for your own private and personal use only. You should use it in accordance with the applicable terms and conditions which we specify from time to time and should not use it for any illegal purpose.
   
   
4. You should not sell, transfer, license, share, rent, lease, reproduce, display, publicly perform, prepare derivative works based on, distribute, reuse, repost, tamper with, modify, decompile, reverse engineer or otherwise alter in any way or make any unauthorised access to or use of any part of DAGH Web Portal. And you should not permit or assist any other person to do the foregoing. Unauthorised use of any part of DAGH Web Portal includes but is not limited to the use of any part of DAGH Web Portal on any other web site or in a networked computer environment for any purpose whatsoever.

7. Privacy on access to/use of DAGH Web Portal

1. Unless you become our customer by signing the relevant account opening documents or other agreement with us or unless you have registered to use any Product or Service, we will not collect any personally identifiable information from any visitor to any part of DAGH Web Portal except we will make and keep a record of each such visit for statistics purpose.
   
   
2. You should not collect or store any information or data about any other visitor or user of any part of DAGH Web Portal. And you should not permit or assist any other person to do the foregoing.

8. Indemnity

You shall on demand indemnify, keep indemnified and defend us against all liabilities, claims, demands, costs, expenses and damages of any kind which may be reasonably suffered or incurred by us or any other members of DAGH and all claims, actions or proceedings which may be brought by or against us or any other members of DAGH, directly or indirectly, as a result of your access to and/or use of any part of DAGH Web Portal or your breach of any term or condition herein contained or the reliance and/or acting on by us or any other members of DAGH any Data from you.

9. Limit on Disclaimer of Liability

IIf any jurisdiction does not allow the exclusion or limitation of any liability in accordance with these Conditions but only allows a limitation of such liability to a certain maximum extent, then such liability is limited to such maximum extent as allowed by that jurisdiction.

10. Notices

We may give notice to you by posting it on DAGH Web Portal. You agree to check DAGH Web Portal for notices and that you will be deemed to have received a notice at the time when it is posted on DAGH Web Portal.

11. Others

1. We reserve our right to amend these Conditions from time to time and you shall be immediately bound by any amended version of these Conditions once such version is posted on any part of DAGH Web Portal.
   
   
2. Any provision of these Conditions prohibited by or being unlawful or unenforceable under any Applicable Law shall, to the extent required by such Applicable Law, be severed from these Conditions and rendered ineffective so far as is possible without modifying the remaining provisions of these Conditions. Where however the provisions of any such Applicable Law may be waived, they are hereby waived by you and us to the full extent permitted by such Applicable Law to the end that these Conditions shall be a valid and binding agreement enforceable in accordance with its terms.
   
   
3. These Conditions may be translated to other languages. In case of any inconsistency with this English version, this English version shall always prevail.
   
   
4. These Conditions shall be interpreted and construed in accordance with the laws of Hong Kong. You irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.

You are advised to consult your own professional advisors (including without limitation your own legal advisor) with respect to any part of DAGH Web Portal as well as any provision of these Conditions.

Yours faithfully,

Delta Asia Group (Holdings) Limited