THE CLIENT ACKNOWLEDGES THAT:
o it has read, agree with and accept the Terms of Use, including any amendments thereof prior to the use of this Website. The use of this Website constitutes the acceptance of the Terms of Use contained herein;
o the Terms of Use shall be amended or updated from time to time without notice to you and you shall be deemed to accept the amendments to these Terms of Use by your use of this Website;
o the use of this Website is subject to technical defects or interruptions from time to time, and that Merlok Consulting Limited “Merlok” makes no representation that the Website is free from any computer viruses or programs that may affect your electronic systems;
o Merlok shall not be responsible for any loss or damage to your data or computer system arising out of or in connection with the use of the Website and that the Client shall bear the sole responsibility in such circumstances;
o Merlok may amend, suspend or terminate (temporarily or permanently) the Website or the services provided under it, from time to time without notice and Merlok shall not be responsible for any loss or damage arising out of the amendment, suspension or termination of the Website;
o the use of this Website and the services provided under it is entirely at the Client’s own risk; and
o a cookie (i.e. a small data file that certain websites may send to your address when you visit them) can be enabled in some parts of this Website.
If you prefer not to receive cookies, you can set out browser to warn you before accepting cookies and refusing them whenever your browser alerts you to their presence. You can also refuse all cookies by disabling them in your browser.
GENERAL TERMS OF USE
A list of Merlok’s range of services is available on request. Merlok hereby represents to the Client, and the Client acknowledges, that:
o Merlok and its representatives work exclusively in relation to properties outside Hong Kong and are not required to be nor are licensed under the Estate Agents Ordinance (Cap. 511 of the Laws of Hong Kong) to deal with properties situated in Hong Kong;
o save as provided in Merlok’s Client Deed, and in any Terms of Use annexed to the Unit Application Form as signed by the Client, all contracts are entered into between the Client and the relevant company and/or institution and not between the Client and Merlok;
o Merlok and its representatives have at no time made to the Client any warranties, promises or forecasts as to any expected return on investment or yields, and neither Merlok nor its representatives have the authority to make such warranties;
o Merlok and its representatives have not made, and shall at no time make, an invitation to enter into, or offered to enter into, an agreement to acquire, dispose of subscribe for or underwrite “securities” or a “regulated investment agreement” (as such terms are defined under the Securities and Futures Ordinance (Cap. 571) (the “SFO”)), nor made an invitation to acquire an interest in, or participate in, or offer to acquire an interest in, or participate in, a “collective investment scheme”, except where the applicable exclusions or exemptions under the SFO are applicable;
o Merlok and its representatives are not carrying on (and shall not carry on), nor holding themselves out as carrying on, a business in a “regulated activity” (as such term is defined in the SFO);
o Merlok and its representatives cannot and will not provide advice on taxation or the legal consequences of any arrangements and an Merlok representative has advised the Client that it should obtain independent legal and taxation advice;
o Merlok shall be entitled to negotiate with, receive and be compensated with payments and commissions from the Client, investment companies, financial institutions and/or other parties connected with the provision by Merlok of the Services to the Client, and Merlok shall on reasonable request by the Client, provide the Client with details of such transactions; and
o the Client expressly agrees that the use of this Website and the information contained herein is solely at the Client’s own risk.
CONTENT CONTRIBUTION
A person (Contributor) who provides any of the following content (Publishing Content) to Merlok to publish on the Website and Apps from time to time, shall comply with Merlok’s editorial and publishing policy: (a) information, articles or reports submitted to Merlok by the Contributor; (b) questions, answers to questions and other content posted by the Contributor to the Website or Apps; and (c) other related material submitted by the Contributor to Merlok with the intent to feature on the Website or Apps. The Contributor licences to Merlok and gives express permission for Merlok to reprint, publish and distribute the Publishing Content on the Website and Apps indefinitely and on a royalty-free basis. The Contributor warrants that the Publishing Content is original material, is factually correct, is not defamatory and does not contain any material that is in breach of any legal obligations relating to confidentiality, right to use, or other applicable laws. Merlok may extract or use information contained in the Publishing Content for marketing and information purposes, including providing the Publishing Content as a subscription benefit, and featuring parts of the Publishing Content on marketing collateral such as e-flyers and printed flyers.
MATERIAL
In respect of all material, information and documents (the Material) supplied by Merlok to the Client at any time, neither Merlok, nor any of its representative, officer, employee or adviser:
o has made or will make any representation or warranty as to the accuracy or completeness of the Material or that the Material is the information the Client may require or expect to find in respect of the subject matter or to make a fully informed decision on any course of action. All Material provided to the Client are provided as a guide only and are subject to variations, modifications and amendments as required by relevant authorities, developers and/or architects;
o accepts or will accept any responsibility for any interpretation, opinion or conclusion that the Client may form as a result of examining the Material;
o accepts or will accept any responsibility to inform the Client of any matter arising or coming to the notice of Merlok which may affect or qualify any Material which Merlok provides to the Client; or
o is or will be liable for any loss of any kind (including but without limitation damages, costs, interest, loss of profits, or special loss or damage) arising from an error, inaccuracy, incompleteness or similar defect in the Material or any default, negligence, or lack of care in relation to the preparation or provision of Material.
RISK DISCLOSURE
You should be aware that investment in properties may involve risks and the value of the investments and associated yields may go down as well as up. The investment market is volatile and asset prices may fluctuate widely. Whilst Merlok may undertake various background checks on the companies or financial institutions that it introduces to the Client, it is the responsibility of the Client to instruct their own financial advisers, solicitors and or other professionals to undertake due diligence and provide adequate and satisfactory advice to the Client before proceeding with any investment related transaction.
LIMITATION OF LIABILITY
o Save as expressly set out herein and to the extent permitted by law, Merlok shall not be liable to the Client or any third party for any loss, liability or expense arising out of or in connection with any acts or omissions of Merlok, or any of its directors, officers, employees, contractors and agents, which are done negligently, or deliberately with intent to cause loss, liability or expense, or recklessly and with actual knowledge that such loss, liability or expense would probably result.
o Merlok shall not be liable to the Client or any third party (whether in contact, tort (including negligence), breach of statutory duty or otherwise) arising out of or in connection with this Agreement for any loss of profit, production, data, goodwill or business opportunities or anticipated savings or benefits or for any type of indirect, special or consequential loss, even if that loss or damage was reasonably foreseeable or that party was aware of the possibility of that loss or damage arising.
o Any claim for breach of contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in connection with this Website shall be brought within two years of the act or omission alleged to have caused the loss, liability or expense in question.
o No provision herein set out shall exclude or limit the liability of Merlok for death or personal injury caused by its negligence or for fraud or in respect of any other liability arising out of or in connection with this Website which cannot be excluded or restricted by law.
These provisions shall be exhaustive of the remedies for monetary damages of the Client or any third party against Merlok arising out of or in connection with this Website.
INTELLECTUAL PROPERTY
Any copyright or other intellectual property rights of whatever nature which subsist or may subsist in the presentation and/or content of the Website shall remain the property of Merlok.
DISCLAIMER
You acknowledge that:
o the information contained in this Website and such other material issued in connection therewith (the “Content”) are provided for information purposes only and will not be regarded as advice on securities or collective investment schemes or other financial or investment advice;
o the information Contained in this Website may contain inaccuracies or typographical errors. This information may be subject to changes or updates without specific notice. This Website does not constitute an offer to contract. Our company makes no representations whatsoever about other websites which you may access through this one; and
o when you access a non-Merlok website, please understand that it is independent from Merlok, and that Merlok has no control over the content on that website. In addition, a link to a non-Merlok website does not mean that Merlok endorses or accepts any responsibility for the content, use, or products and services made available through such website;
o the Content is not intended for the purpose of advice, dealing or trading in securities or collective investment schemes;
o the Content may include certain information taken from financial and investment analysis, property surveys, stock exchanges and other sources from around the world;
o the Content is provided on an “as is” basis and by way of a summary and we do not guarantee the accuracy, completeness, or timeliness of the Content;
o the Content may be subject to the Terms of Use of other agreements to which we are a party;
o none of the information contained in the Content constitutes a solicitation, offer, opinion, or recommendation by us to buy or sell any security, or provision of legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment;
o you should not rely on the Content as the sole means of making any investment decision relating thereto and you should seek professional, independent and specific advice on any such investment decision;
o the investment market is volatile and illiquid and asset prices and yields (if any) may fluctuate widely or be affected by a broad range of risk factors;
o all plans and specifications in the Content are intended as a guide only and are subject to such variations, modifications and amendments as may be required by the relevant authorities or the relevant developer’s consultants or architects;
o all renderings and illustrations in the Content are artists’ impressions only and all measurements are approximate subject to final survey and confirmation;
o the Content is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation; and
o the Content has not been authorised or approved by the Securities and Futures Commission of Hong Kong or any regulatory body of competent authority whether in Hong Kong or elsewhere.
Accordingly, you assume all responsibility and risk for reliance upon and the use of the Content and, we, our agents, directors, officers, employees, representatives, successors, and assigns expressly disclaim any and all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from:
o the use of the Content
o reliance on any information contained in the Content
o any error, omission or inaccuracy in any such information including, without limitation, financial data, forecasts, analysis and trends, or (iv) any action or non-performance resulting from the foregoing. This exclusion clause shall take effect to the fullest extent permitted by applicable laws.
PROFESSIONAL ADVICE
Any statement contained in the Content is made on a general basis and we have not given any consideration to nor have we made any investigation of the investment objective, financial situation or particular need of any user or reader, any specific person or group of persons.
You are advised to make your own assessment of the relevance, accuracy and adequacy of the information contained in the Content and conduct independent investigations as may be necessary or appropriate for the purpose of such assessment including the investment risks involved. You should consult an appropriate professional advisor for legal, tax, accounting, or investment advice specific to your situation, as to whether any governmental or other consents are required or if any formalities should be observed for the purposes of making such investments as are mentioned in the Content. If you are unsure about the meaning of any of the information contained in the Content, please consult your financial or other professional advisor.
THIRD PARTY REFERENCES
References to third party publications are provided for your information only. The content of these publications are issued by third parties. As such, we are not responsible for the accuracy of information contained in those publications, nor shall we be held liable for any loss or damage arising from or related to their use.
ADDITIONAL LEGAL TERMS
These Terms, your rights and obligations, and all actions contemplated by these Terms will be governed by the laws of Hong Kong Special Administrative Region (Hong Kong), as if these Terms were a contract wholly entered into and wholly performed within Hong Kong. If any provision in these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original
provision. All rights not expressly granted herein are reserved. These Terms are the entire and final agreement regarding the Website and Apps and the services of Merlok, and supersede any prior or contemporaneous communications between Merlok and you regarding the Website and Apps and its services.