Conditions of Use of this Website
("Conditions")

Dear Visitors,

By using or gaining access to any part of this Website, you agree and confirm to be bound by these Conditions (defined below). However, there are and will be specific agreements governing the access to and use of the On-line Electronic Services (defined below) respectively and such specific agreements may also govern the access to and use of this Website. Accordingly, if you sign on any such specific agreement or you or any person acting or purportedly acting on your behalf gain(s) access to or use(s) any On-line Electronic Service, your and all relevant persons' access to and/or use of the relevant On-line Electronic Service shall be governed by the relevant specific agreement and if the relevant specific agreement expressly stipulates that it also governs the access to and use of this Website, your and all relevant persons' access to and/or use of this Website as well as the relevant On-line Electronic Service shall be governed by the relevant specific agreement, not by these Conditions.

1. Interpretation

  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 this Website as amended from time to time.
    "Content" means all information, data, designs, logos, tradenames, marks, materials and opinions shown on this Website and others which you may see, read, hear, download and/or gain access on, from, to or via this Website including, without limitation, files, softwares, images, illustrations, text, graphics, pictures, sounds, links and other items.
    "DAFG" means the group of companies of Delta Asia Financial Group and "group of companies" means any two or more companies or bodies corporate one of which is the holding company of the other or others.
    "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 this Website (or any part of it).
    "Macau" means the Macau Special Administrative Region of the People's Republic of China.
    "On-line Electronic Services" or "On-line Electronic Service" means the on-line electronic services provided by or through us from time to time or any one of them. EXCELeTrade, EXCELeFX and EXCELeBank are three examples of On-line Electronic Services to be provided by us.
    "Products" or "Product" means products, presently or subsequently, offered by or provided in any part of this Website or any one of them.
    "Services" or "Service" means services, presently or subsequently, offered by or provided in any part of this Website or any one of them.
    "this Website" includes the Content, Data, Products and Services. The Content, Data, Products and Services together with the server(s), software(s), hardware(s) and equipment connected to or via this Website each forms part of this Website.

  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 this Website (or any part of it) or any On-line Electronic Service or any Product or Service is/are restricted or prohibited. You confirm that your access to and/or use of this Website (or any part of it) or any On-line Electronic Service 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 this Website 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, Banco Delta Asia S.A.R.L., may, at any time and from time to time, without notice and at our absolute discretion, withdraw or change or make any addition to this Website (or any part of it) or any On-line Electronic Service 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 this Website or any On-line Electronic Service 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 this Website.

4. Fees

  1. We may, at any time, charge fees for access to and/or use of any or more or all parts of this Website. 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 this Website.

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 this Website (including, without limitation, any prices, rates and other quotes shown thereon) ;
    2. that this Website (or any part of it) does not infringe any third party's title, right, benefit or interest;
    3. that this Website (or any part of it) is merchantable or fit for any particular purpose; and
    4. that this Website (or any part of it) or the server operating this Website 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 this Website. You should not, and you should not permit or assist any other person to, disrupt or interfere with this Website or any server, software, hardware or equipment connected to or via this Website.

    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 this Website 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 this Website. 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 this Website (or any part of it) 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 this Website (or any part of it) 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 or your interaction, communication or dealing with any part of such internet sites (or any part of the contents thereof) through any part of this Website 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 this Website 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 this Website 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 this Website are owned by us and/or other persons entitled thereto and particularly, the tradenames and trademarks of "EXCELeTrade", "EXCELeFX" and "EXCELeBank" are solely owned by us. 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 this Website 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 this Website (or any part of it) 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 this Website are our property and we can use all such data, ideas, concepts and other information freely without any restriction.

  3. This Website (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 this Website. And you should not permit or assist any other person to do the foregoing. Unauthorised use of any part of this Website includes but is not limited to the use of any part of this Website on any other web site or in a networked computer environment for any purpose whatsoever.

7. Privacy on access to/use of this Website

  1. Unless you become our customer by signing the relevant account opening documents or other agreement with us, we will not collect any personally identifiable information from any visitor to any part of this Website 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 this Website or of any On-line Electronic Service. 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 DAFG and all claims, actions or proceedings which may be brought by or against us or any other members of DAFG, directly or indirectly, as a result of your access to and/or use of any part of this Website or your breach of any term or condition herein contained or the reliance and/or acting on by us or any other members of DAFG any Data from you.

9. Limit on Disclaimer of Liability

If 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 this Website. You agree to check this Website for notices and that you will be deemed to have received a notice at the time when it is posted on this Website.

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 this Website.
  2. Please note that no price, rate, quote, data or information shown on any part of this Website constitutes an offer from us.

  3. 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.

  4. These Conditions may be translated to other languages. In case of any inconsistency with this English version, this English version shall always prevail.

  5. These Conditions shall be interpreted and construed in accordance with the laws of Macau. You irrevocably submit to the exclusive jurisdiction of the courts of Macau.

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



Yours faithfully,

Banco Delta Asia S.A.R.L.