Terms of Service
The online services provided by I&J Sdn. Bhd. (“EquitiesPortfolioManager”) and its affiliates, “we” or “our”, their affiliates and its partner sites will, among other things:
- Provide tools to help you manage your portfolio (the “EquitiesPortfolio Manager”), and
- Provide accounting ratios
These services are collectively known as the “Services”. The Services are provided to you subject to these terms of service, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, the “Terms of Service”).
By accessing the EquitiesPortfolioManager website located at http://www.equitiesportfoliomanager.com (“EPM”), the EquitiesTracker website located at http://www.equitiestracker.com (“ET”), or any linked pages owned and operated by EquitiesTracker (‘us’) (together with EPM and ET, the “Sites”), or using the Services, whether on our Sites or on our partners’ websites through which we have hosted or otherwise made accessible the Services (the “Partner Sites”), you agree to be bound by these Terms of Service. These Terms of Service set out the legally binding terms with respect to your use of, and our provision of, the Services. Please read these Terms of Service carefully.
YOUR USE OF THE SITES OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF ALL OF THE PROVISIONS OF THESE TERMS OF SERVICE. IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS OF SERVICE, DO NOT USE THE SITES OR ANY SERVICE.
You must be 18 years of age or older, or of the legal age in your jurisdiction to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of the Sites or to use the Services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Service. If you do not qualify, do not use the Services.
Registration for the Sites is void where prohibited by applicable law and the right to access the Sites is revoked in such jurisdictions. By using the Sites or Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein.
Changes to the Agreement or the Sites and Services
You agree and understand that these Terms of Service and the Sites and Services may be modified by us at any time without prior notice, and such modifications will be effective upon our posting of the new terms and/or upon implementation of the new changes in the Sites or Services. You agree to review the Terms of Service periodically so that you are aware of any modifications.
YOUR CONTINUED USE OF THE SITES OR SERVICES AFTER ANY MODIFICATIONS INDICATES YOUR ACCEPTANCE OF THE MODIFIED TERMS OF SERVICE.
Unless we expressly state otherwise, any new features, new services, enhancements or modifications to the Sites or Services implemented after your initial access thereto shall be subject to these Terms of Service.
Registration and Security
In order to use and/or access certain Services, you may be required to register with the Sites and to select a password and a user name which shall be associated with an email address which you own and use (“User ID”). You may also be asked to answer some questions about yourself. You agree that the information you provide to us upon registration and at all other times, including any questionnaire you may submit to us in connection thereto, shall be true, accurate, current and complete, and that you will promptly update such information with any changes. Failure to do so shall constitute a breach of these Terms of Service, which may result in the immediate termination of your account.
You may not:-
i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person; or
ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorisation.
We reserve the right to refuse registration of, or cancel, a User ID at our sole discretion.
You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the Services shall be for your personal use only.
You agree to: –
(a) immediately notify us of any unauthorised use of your User ID or password at email@example.com and
(b) ensure that you log out of your account when you wish to deauthenticate from each session. If you violate any of these Terms of Service, we may, at our sole discretion, terminate your registration, remove or modify any content that you have contributed, or take any other action that we determine to be appropriate.
Account Information from Third Party Sites
In order to use and/or access certain features, you may be required to direct EquitiesPortfolioManager to access your own information maintained online by third-party financial institutions with which you have customer relationships, maintain accounts or engage in financial transactions (“Account Information”).
We are not responsible for the products and services offered by or on third-party sites. We are also not responsible for fees charged by third-party sites as a result of using the EquitiesPortfolioManager. We cannot always foresee or anticipate technical or other difficulties, which may result in failure to obtain data or loss of data, personalisation settings or other service interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalisation settings.
For example, when displayed through the EquitiesPortfolioManager Services, Account Information may be stale as of the time viewed, which reflects the fact that time may have passed between the time the information is downloaded from the third party financial institution and the time such information is viewed by you. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Portfolio Services in the manner prescribed in the associated instructions.
By submitting information, data, transaction materials and other content through the Portfolio Manager, you are licensing that content to us solely for the purpose of providing the Portfolio Services. We may use and store the content. By submitting this content to us, you represent that you are entitled to submit it to us for use for this purpose, without any obligation by us to pay any fees or other limitations.By using the Portfolio Services, you hereby grant us permission to access your Account Information maintained by identified third parties, on your behalf as your agent.
YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.
Notwithstanding anything in this Terms of Service to the contrary, we shall have no authority to take or have possession of any assets in the accounts maintained by such third parties or to direct delivery of any securities or payment of any funds held in such account to itself or to direct any disposition of such securities or funds through the use of the Portfolio feature.
Offers and Third-Party Links
Some parts of the Services contain sponsored links from advertisers and display offers that may be custom matched to you based on information stored by us in connection with providing the Services, queries made through the Services or other information. We refer to such offers, not including the Recommendations, as the “Offers”. We will always disclose when a particular Offer is sponsored. The fact that any particular Offer is sponsored, however, will not influence whether we make you a Recommendation to use, purchase or hire such sponsor. It may, however, impact the ordering or placement of the Recommendations or Recommendation options.In connection with the Offers, the Services will provide links to other websites belonging to advertisers and other third parties. Except as we may otherwise disclose, we do not endorse, warrant or guarantee the products or services available through the Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and, except as may otherwise be disclosed to you, we are not an agent or broker or otherwise responsible for the activities or policies of those web sites. We do not guarantee that the Offers made by any particular advertiser or other third party on the Sites or through the Services are actually the terms that may be offered to you if you pursue the offer or that they are the best terms available in the market.
If you enter into correspondence or engage in commercial transactions with third parties in connection with the Offers, such activity is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such activity. You hereby release us from all claims arising from such activity.
Use of the Site/Services by Members
Subject to the restrictions on use and posting set forth in these Terms of Service, you may use the Content Services to create, contribute, search, consume, and share information about investing, and encourage others to do the same; send content to people you know, whether or not they are existing users of the Content Services; invite people you know to join the Content Services; and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available through the Content Services (“Content”), solely for your own personal, non-commercial use.
We do not control the Content posted by third parties on EPM (“Third Party Content”) and do not guarantee the accuracy, integrity or quality of such Third Party Content. You understand that by using the Content Services you may be exposed to Third Party Content that is false, misleading, fraudulent, offensive, indecent and/or objectionable. Under no circumstances will we be liable in any way for any Third Party Content, including any errors or omissions in any Third Party Content, or any loss or damage of any kind incurred as a result of your use of any Third Party Content. You are responsible for complying with all laws applicable to the Content.
You should not, and you agree you will not, construe, treat or rely on Content as :-
(i) advice from EquitiesPortfolioManager or its affiliates as to the value of securities, the selection of an investment adviser or the advisability of investing in, purchasing or selling securities or
(ii) analyses or reports from EquitiesTracker or its affiliates concerning securities.
We make no representations, warranties or guarantees whatsoever as to the accuracy, integrity or quality of such Content and under no circumstances will EquitiesTracker or EquitiesPortfolioManager be liable in any way for any Content posted by us on EPM or ET, including any errors or omissions in any such Content, or any loss or damage of any kind incurred as a result of your use of any such Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. You should not rely on any Content in any way when making investment decisions.
We may provide automatic alerts and voluntary account-related alerts from time to time. Automatic alerts may be sent to you following certain events of interest, such as changes made online to your Portfolio Manager (e.g., a change in your password) or events or movements in your portfolio.
Voluntary account alerts may be turned on by default as part of the Services. They may then be customised, deactivated or reactivated by you. We may add new alerts from time to time, or cease to provide certain alerts at any time in our sole discretion. Electronic alerts for a given account will be sent to the email address you have provided as your primary email address for that account. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. Changes to your email address or mobile number will apply to all of your alerts. Because alerts are not encrypted, we will never include your password.
However, alerts may include your User ID and some information about your accounts. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future voluntary alerts.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. We use reasonable best efforts to provide alerts in a timely manner with accurate information. However, except as otherwise provided herein, we neither guarantee the delivery nor the accuracy of the content of any alert.
Furthermore, except as otherwise provided herein, you also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
- You are solely responsible for any Content and other material/s that you submit to, or publish or display on, the Sites or transmit to other users (“Contributed Content”).
- You may not submit any Contributed Content or material/s that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party or that is subject to any restrictions, or imposes any obligations, on the use or further distribution thereof.
- You may not provide any Contributed Content that falsely expresses or implies that such Content or material is sponsored or endorsed by us.
- You may not provide any Contributed Content that is unlawful or that promotes or encourages illegal activity.
- You understand and agree that we may review and/or delete any Contributed Content that in our sole judgement violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users of the Sites.
- You agree that you will only provide Contributed Content that you believe to be true, and you will not purposely provide any false or misleading information.
- By posting Contributed Content on the Sites, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, us a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty- free, fully paid-up, transferable license, with the right to sub-license, to use, copy, publicly perform, digitally perform, publicly display and distribute such Contributed Content, and to sell, modify, create derivative works from and/or to incorporate such Contributed Content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, without compensation to you. You agree to waive any moral rights that you may have to your Contributed Content. You represent and warrant that none of your Contributed Content is subject to a confidentiality obligation.
- The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the Sites. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Sites and terminating the membership of such violators or blocking your use of the Sites. You may not post Content that:
- is false or intentionally misleading;
- is patently offensive to users, such as Content or messages that promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person or includes personal information about another person, such as their address, email address or telephone number;
- involves the transmission of unsolicited mass mailing (i.e. “spamming”) or other forms of solicitation (including, but not limited to, advertising, promotional materials, chain letters and/or pyramid schemes);
- violates the intellectual property or other rights of any person (including rights arising under contractual or fiduciary obligations);
- promotes illegal activities or conduct that is abusive;
- violates any applicable law or regulation, including, without limitation, the rules and regulations;
- offers to sell or buy any security including any shares or other interest in an investment company, a hedge fund, a private equity fund or any other collective investment vehicle (a “Fund”);
- refers, explicitly or implicitly, to any Fund that is (or the interests in which are) managed, advised, sponsored, underwritten, placed, offered or sold by you or your affiliate.
- is threatening, obscene, defamatory or libellous;
- is pornographic or sexually explicit in nature; and/or
- seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
Restrictions on Rights to Use
You agree that, subject to the section captioned “Certain Third Party Content” below, without our express written consent, you shall not (and you agree not to allow any third party to):
- modify, adapt, translate or reverse engineer any portion of the Sites;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Sites or in or on any Contributed Content or other material obtained via the Services;
- except for tools provided through the Sites, use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve or index any portion of the Sites;
- access, retrieve or index any portion of the Sites for purposes of constructing or populating a searchable database of information;
- collect or store personal data or any other information about other users or members of the Sites (including usernames and/or email addresses) in connection with the prohibited activities described in this section, or for any other purpose other than for your own personal, non-commercial use;
- reformat, frame or place pop-up windows over any portion of a Site, or otherwise affect the way that any Site is displayed;
- create user accounts by automated means or under false or fraudulent pretences;
- impersonate any person or entity, including, but not limited to, any employee or officer EquitiesPortfolioManager or EquitiesTracker, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- create or transmit unwanted electronic communications such as “spam” to other users or members of the Services or otherwise interfere with other users’ or members’ enjoyment of the Services;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- forge headers or manipulate identifiers or other data in order to disguise the origin of any Content transmitted through the Sites or to manipulate your presence on the Sites;
- use the Sites or Services to violate the security of any computer network, crack passwords or security encryption codes, or transfer or store illegal material, including material deemed threatening or obscene;
- copy or store any Content offered on EquitiesPortfolioManager or EquitiesTracker for other than your own personal use;
- use any device, software or routine that interferes with the proper working of the Sites or Services or otherwise attempt to interfere with the proper working of the Sites or Services;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
- reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Sites or Services, use of the Services, or access to the Services;
- solicit any user for any investment or other commercial or promotional transaction; or
- use the Sites or Services, intentionally or unintentionally, to violate any applicable local, state, national or international law.
Unauthorised access to the Sites or Services is a breach of these Terms of Service and a violation of law. You agree not to access the Sites or Services by any means other than through the interfaces that we or our partners provide to you for accessing the Sites and Services. We may at any time, without prior notice and in our sole discretion, remove any post, terminate the membership of, or take any other appropriate action against any person who violates the Terms of Service. Illegal or unauthorised uses of the Sites or Services will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal and/or injunctive redress.
Nature of Communications
You acknowledge that in contributing Content or using the Services to send electronic communications, you will be causing communications to be sent through our computer networks, portions of which are located abroad. As a result, and also as a result of EquitiesPortfolioManager or EquitiesTracker network architecture and business practices and the nature of electronic communications, even communications that seem to be within EquitiesTracker community in nature can result in the transmission of communications outside the EquitiesTracker community regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that the contribution of Content and use of the Services results in outside of EquitiesTracker community data transmissions.
Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
It is our policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements
If you believe that material or Content residing on or accessible through the Sites infringes your copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below (“Proper Bona Fide Infringement Notification”):
- A physical or electronic signature of a person authorised to act on behalf of the owner of the copyright that was allegedly infringed;
- Identification of the works or materials being infringed;
- Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material is not authorised by the copyright owner, its agent, or the law; and
Please note that if you choose to send a Proper Bona Fide Infringement Notification to the Designated Agent via email, all required information must be provided in the body of the email as we will not accept or open attachments.
Our Proprietary Rights
The Sites (including, but not limited to, text, photographs, graphics, video and audio Content, but excluding any Content that is subject to the section captioned “Certain Third Party Content” below) are protected by copyright as collective works or compilations under the copyright laws of the Malaysia and other countries. All individual articles, Content and other elements comprising the Sites and Portfolio Manager are also copyrighted works.
Except for the Content submitted by members or users, the Sites and Portfolio Manager and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, are owned by EquitiesPortfolioManager, EquitiesTracker or its licensor. You acknowledge that the Sites and Portfolio Manager and any underlying technology or software used in connection with the Sites or Portfolio Manager contains our proprietary information.
You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Sites or the Portfolio Tracker, in whole or in part, except as expressly provided in our policies and procedures made available via the Sites and Portfolio Manager.
Except as expressly and unambiguously provided herein, neither we nor our suppliers grant you any express or implied rights, and all rights in the Sites and Portfolio Manager not expressly granted by us to you are retained by us.Trade names, trademarks and service marks of EquitiesPortfolioManager and EquitiesTracjer include, without limitation, TRACKER ANALYST™, EQUITIESTRACKER™, EQUITIESPORTFOLIOMANAGER™ and all associated logos. All trademarks and services marks on the Sites or Portfolio Tracker that are not owned by us are the property of their respective owners. Nothing contained on the Site or the Portfolio Tracker should be construed as granting, by implication, estoppels or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Changes to the Agreement or the Sites and Services
THE THIRD-PARTY BROKERS AND THIRD-PARTY ADVISORS ARE NOT EMPLOYEES OR AGENTS OF EQUITIESPORTFOLIOMANAGER, EQUITIESTRACKER OR ITS AFFILIATES. WE ARE NOT LIABLE FOR AND WILL NOT JUDGE THE SUITABILITY OF ANY ACTIONS OF THE THIRD-PARTY BROKERS AND THIRD-PARTY ADVISORS, INCLUDING ANY TRADING OR INVESTMENT RECOMMENDATION OR DECISION. THERE ARE SIGNIFICANT RISKS ASSOCIATED WITH INVESTING WITH A THIRD-PARTY ADVISOR OR INVESTING IN THE RECOMMENDED SECURITIES, INCLUDING, BUT NOT LIMITED TO, THE RISK THAT YOUR PORTFOLIO COULD SUFFER SUBSTANTIAL DIMINUTION IN VALUE. WE DO NOT AND CANNOT GUARANTEE THE FUTURE PERFORMANCE OF YOUR PORTFOLIO, THE THIRD-PARTY ADVISERS OR THE RECOMMENDED SECURITIES. IF YOU CHOOSE TO INVEST WITH A THIRD-PARTY ADVISOR OR IN THE RECOMMENDED SECURITIES, YOU ACKNOWLEDGE THAT YOU ARE ABLE TO BEAR THE RISKS OF INVESTING WITH THE THIRD-PARTY ADVISORS OR IN THE RECOMMENDED SECURITIES, AS APPLICABLE, AND THAT EQUITIESPORTFOLIOMANAGER AND ITS AFFILIATES SHALL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, TO YOU OR ANY OTHER ENTITY FOR LOSSES RESULTING FROM THE ACTIONS OR RECOMMENDATIONS OF ANY THIRD-PARTY ADVISORS OR YOUR INVESTMENT IN THE RECOMMENDED SECURITIES.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, NOTHING IN THESE TERMS OF SERVICE SHALL BE INTERPRETED TO WAIVE OR LIMIT YOUR RIGHTS UNDER ANY FEDERAL OR STATE SECURITIES LAW.
ANY SERVICES RELATING TO TAX PLANNING ARE NOT INTENDED TO BE THE PRIMARY OR SOLE BASIS FOR YOUR TAX-PLANNING DECISIONS. YOUR CIRCUMSTANCES ARE UNIQUE; THEREFORE YOU SHOULD CONSULT A TAX ADVISOR FOR PERSONAL ADVICE. WE DO NOT PROVIDE TAX ADVICE.
These Terms of Service, as amended from time to time, will remain in full force and effect while you use the Services or use any Content that you have obtained from EquitiesPortfolioManager or EquitiesTracker. We may terminate these Terms of Service for any reason, at any time. Any provisions in these Terms of Service that by their nature or as specified hereunder are intended to continue beyond termination or expiration of these Terms of Service, including, without limitation and for the avoidance of doubt, the sections captioned “Our Proprietary Rights”, “Privacy”, “Recommendations”,”Term”, “Disclaimer”, “Limitation on Liability”, “Indemnity”, “Certain Third Party Content” and “Miscellaneous”, shall survive any termination or expiration of these Terms of Service.
THE SITES AND SERVICES ARE PROVIDED BY US ON AN “AS IS” BASIS. WE AND OUR LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE SITES AND SERVICES OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON, OR IN ASSOCIATION WITH, THE SITES AND SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE AND OUR LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE SITES OR DISPLAYED THROUGH THE SERVICES.
WE AND OUR LICENSORS AND AFFILIATES MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR- FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SITES OR SERVICES. WE DO NOT WARRANT OR COVENANT THAT THE SITES AND SERVICES WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES AND SERVICES ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES OR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THROUGH OR FROM THE SITES OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
NEITHER WE NOR THE SITES OR SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX, OR, EXCEPT AS WE MAY OTHERWISE NOTIFY YOU IN CONNECTION WITH THE RECOMMENDATIONS, FINANCIAL ADVICE. WE ARE NOT A REGISTERED BROKER-DEALER OR TAX ADVISOR.
Unless we specify otherwise, any advice we provide to you is based solely on the information provided by you, and may not take into account information that may be available in the context of a more detailed examination of your personal financial situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances. We will not check the accuracy of the information you provide to us. It is your responsibility to keep the information you provide to us up to date. In most cases, we will not ask you to provide additional information or ask you to update your existing information.
Limitation on Liability
NEITHER WE NOR OUR SUBSIDIARIES AND/OR AFFILIATES SHALL BE LIABLE FOR DAMAGES ARISING FROM THE PROVISION OR USE OF THE SITES OR SERVICES, INCLUDING THE RECOMMENDATIONS, EXCEPT FOR DAMAGES RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS OF SERVICE SHALL CONSTITUTE A WAIVER OR LIMITATION OF YOUR RIGHTS UNDER MALAYSIAN LAW.
WE SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM OUR OBLIGATIONS HEREUNDER WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING “LINE- NOISE” INTERFERENCE). WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR OUR SUPPLIERS WILL BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
WE SHALL NOT, DIRECTLY OR INDIRECTLY, BE LIABLE, IN ANY WAY, TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY: (A) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE CONTENT OR SERVICES INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OR ANALYSIS POSTED BY ANY OTHER USER, PRICES OF SECURITIES AND FINANCIAL DATA; (B) DELAYS, ERRORS, OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE CONTENT OR SERVICES; OR (C) LOSS OR DAMAGE ARISING FROM YOUR USE OF THE CONTENT OR SERVICES THEREON OR BY ANY REASON OF NON-PERFORMANCE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EQUITIESTRACKER INTERNATIONAL AND EACH OF ITS SUBSIDIARIES AND/OR PRODUCTS AND SERVICES MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE FEES RECEIVED BY SUCH PERSON IN RESPECT OF YOUR ACCOUNT IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
You agree to indemnify and hold EquitiesPortfolioManager, EquitiesTracker, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Sites, (ii) your use of the Services, (iii) your submission of Contributed Content, (iv) the violation of these Terms of Service by you, (v) your violation of law in your use of the Services or in your dealings with other users of the Services, (vi) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
Removing your account for the Services
This Agreement will continue to apply until terminated by either you or us as set out below. If you want to remove an account that you have added to the Portfolio Manager, you may delete the account you wish to remove by editing your account settings. If you want to terminate your legal agreement with us, you may do so by closing your account for the Services.
To close and delete any account with us, please email us at firstname.lastname@example.org. If you are using our services through an account maintained by a Partner Site, please consult the terms of service for the partner site for removal instructions.
If there is any dispute about or involving the Sites or Services, you agree that the dispute will be governed by the laws of the Malaysia, without regard to its conflict of law provisions.