1. Warranties and Disclaimers
You acknowledge, that to the maximum extent permitted by applicable laws, ANX, including without limitation to this Site and other materials provided to you by ANX, are provided on an “as is” basis. Other than expressly provided under the Agreement, ANX gives no other warranties, express, implied, statutory or in any communication with you.
We do not warrant nor represent that any content on the Site provided will be fully accurate or error-free, that access thereto will be uninterrupted, that all defects will be corrected, or that the servers, and the content available there is or will be free of viruses or other harmful components.
Contents on the Site are for general information purposes only. The information on this page and Site will be updated from time to time. We hereby exclude any warranties, as to the quality, accuracy, efficacy, completeness, performance and fitness for a particular purpose of this page, the Site or any of its contents, including (but not limited) to any price quotes or non-fraudulent representations contained within the Site.
We will not be liable for any damages (including, without limitation, damages for any consequential loss or loss of business opportunities or projects, or loss of profits) howsoever arising and whether in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents and materials, or from any action or omission taken as a result of using the Site or any such contents.
This Site contains material in the form of information, price quotes or representations submitted by third parties. ANX will accept no responsibility for the content or accuracy of such material nor do we make any representations by virtue of the contents of this Site in respect of the guaranteed availability of any services advertised. We make no warranty that the contents of the Site are free from infection of viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
The use of the Site and reliance on the content of available through the Site is done solely at your own risk. ANX disclaims any and all warranties relating to the Site, the content and other materials, expressed or implied, including but not limited to the implied warranties of noninfringement of third party rights, satisfactory quality, availability, security, title, ability to operate and fitness for a particular purpose.
2. Intellectual Property: Notice and Disclaimer
The ANX logo as specified by ANX from time to time, a current version is displayed below and made part of this Agreement (the “Logo”).
You acknowledge ANX’s exclusive right, title and interest in and to the trademark rights in the Logo. You agree that you will not acquire any rights of any kind in the Logo as a result of your use of it, and agree that all such uses shall inure to the benefit of ANX.
You agree that you shall not (a) use the Logo in any manner likely to diminish its commercial value; (b) knowingly use any name, logo or icon likely to cause confusion with the Logo; (c) make any representation to the effect that the Logo is owned by you rather than by ANX; (d) challenge either the validity or ANX’s ownership of any trademark rights which incorporate the Logo; or (e) attempt to register or own in any country i) the logo; ii) any domain name incorporating in whole or in part the Logo or iii) any name, domain name, keyword or mark confusingly similar to the Logo.
All materials, if any, provided by ANX to you under this Agreement, and all proprietary rights in and to all such materials shall remain the sole and exclusive property of ANX. You acknowledge ANX’s exclusive right, title and interest in and to the copyright in the Logo, and you will not contest or assist another in contesting that copyright or ANX’s ownership of it.
The content, organization, graphics, design, audio, animation, video, compilation, translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you or any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed from the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3. Intellectual Property: Limited License to Users
The materials and services provided on the Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws. Any unauthorized use of the materials or services at the Site may violate such laws and the Agreement. Except expressly provided herein, ANX and its suppliers do not grant any express or implied rights to use the material and services. You hereby agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer or create derivative works based on the Site, its materials, its services or their selection and arrangement, except as expressly authorised herein. Additionally, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download content owned by ANX on this Site provide that: (a) the copyright notice pertaining to the content remains, and a permission notice is added to such content; (b) the use of such content is solely for personal and non-commercial use; (c) such content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such content. This permission terminates automatically without notice if you breach any of the terms or conditions in this Section 3. Upon termination, you must immediately destroy any downloaded and/or printed content.
You shall, upon our demand, defend, indemnify, and hold us, and each of our respective employees, officers, directors, and representatives harmless, from and against any claims, damages, losses, liabilities, costs and expenses (including but not limited to debt collection expenses) and legal fees (including reasonable legal fees) arising out of or relating to any third-party claim. If we are obligated to respond to a third-party subpoena or other compulsory legal order or process described above, you shall also reimburse us for legal costs, as well as our employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at our then-current hourly rates.
You shall indemnify us on demand for any damages and additional expense (including but not limited to legal costs and debt collection expenses) ANX may suffer or incur, directly or indirectly, as a result of unlawful actions conducted by you.
5. Limitation of Liability
To the extent not prohibited by applicable law, in no event will ANX, its subsidiaries, affiliates, partners or its respective licensors (if any), or other third parties mentioned in the Site be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages from lost profits, lost data or business interruption arising out of the use, inability to use, or the results of use of the Site. Any websites linked to the Site, or software, materials or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised upon the possibility of such damages. If your use of the materials, software or services from the Site results in the need for servicing, repair, or correction of equipment or data, you will assume all costs thereof. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion will not be applicable to you.
Any opinions, news, research, analyses, prices, or other information contained in the Site is provided as general market commentary and does not constitute investment advice. ANX will not accept liability for any loss or damages, including but not limited to, any loss of profit, which may arise directly or indirectly from use of or reliance on such material and information. Additionally, there are risks associated with utilizing an internet-based deal execution trading system including, but not limited to, the failure of hardware, software, and internet connection. As ANX does not control the reliability or availability of the internet, ANX will not be responsible for communication failure, distortions or delays when in the process of any trades conducted via the internet.
It is your responsibility to determine what, if any regulations, including but not limited to security, tax and financial is applicable to your transaction. It is your responsibility to collect, report and adhere to the appropriate authority(ies) within the respective jurisdiction regarding any payment you make or receive. ANX will not be responsible for determining whether any regulations are applicable to your transaction, or to collect, report or remit to any regulator(s), governing body(ies) or third-party authority(ies) on your behalf.
6. Content Provided via Links
You may find links to other Internet sites or resources on this Site. you acknowledge and agree that ANX is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. ANX will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on such content, goods or services available on or through any such site or resources
The Agreement and all claims or causes of action that may be based on, arise out of, or related to this Agreement or the negotiation, execution, or performance under this Agreement, including any claim based on or related to any representation or warranty made in or in connection with this Agreement will be governed by laws in force in the Hong Kong SAR without regard to its conflict of laws principles. In the event of dispute which could not be resolved amicably, you agree to irrevocably and unconditionally submit to arbitration as described in section 8 of this Agreement.
Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by HKIAC under the UNCITRAL Arbitration Rules in force when the Notice of Arbitration is submitted, as modified by the HKIAC Procedures for the Administration of International Arbitration. The law of this arbitration clause shall be Hong Kong law. The place of arbitration shall be the Hong Kong SAR. The number of arbitrators shall be three. The arbitration proceedings shall be conducted in English.
ANX and you shall remain independent parties. Nothing in this Agreement shall be deemed or construed to create the relationship of a principal and agent or partnership or joint venture between ANX and you.
This Agreement constitutes the entire and only agreement between ANX and you, and supersedes any and all other agreements, representations, warranties, and understandings with respect to the contents, products or services provided by or through the Site. This Agreement may be amended at any time by us without specific notice to you. The latest version of this Agreement will be posted on the Site, and you should review this Agreement prior to using this Site. ANX will not accept any liabilities for any delay or failure of the transmission or the receipt of any instructions or notifications sent through this website.
The section titles of this Agreement are solely used for the convenience and have no legal or contractual significance.
Note: In case of any discrepancy between the English version and the Chinese version in respect of all or any part of the contents in the Site, the English version shall prevail.
Last updated: 24 October 2017