Terms of Use

Term of Use

Embarkley & Company and its affiliates ("Embarkley" or "we") provides its content on embarkley.com (the "Site") subject to the following terms and conditions (the "Terms"). We may periodically change the Terms, so please check back from time to time. These Terms were last updated on January 1, 2017. By accessing and using this Site, you agree to these Terms. For an explanation of Embarkley 's practices and policies related to the collection, use, and storage of our users' information, please read our privacy statement.

These terms and conditions govern your use of the Site; by using this website, you accept these terms and conditions in full set by Embarkley. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Site.

You must be at least 18 years of age to use the Site. By using the Site and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

This Site may use cookies. By using this website and agreeing to these terms and conditions, you consent to Embarkley’s use of cookies in accordance with the terms of Embarkley’s privacy statement.

Copyrights

All content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Embarkley or its licensors and is protected by Hong Kong and international copyright laws. All rights not expressly granted are reserved.

Trademarks

The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Site are the registered and unregistered Trademarks of Embarkley and its licensors. You agree that you will not refer to or attribute any information to Embarkley or its licensors in any public medium (e.g., press release, websites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Embarkley or its licensors.

License to use the Website

Unless otherwise stated, Embarkley and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website; or
redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Embarkley’s written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Embarkley’s written consent.

Restricted Access

Access to certain areas of this website is restricted. Embarkley reserves the right to restrict access to some areas of this website, or indeed this entire website, at Embarkley’s discretion.

If Embarkley provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Embarkley may disable your user ID and password in Embarkley’s sole discretion without notice or explanation.

Non-Public Sections of the Website

If you may have been granted access to certain non-public sections of this website through a uniquely assigned log-in. In addition to this website, your use of the non-public sections may also be governed by applicable other agreements and by all applicable laws and regulations.

All information available through the non-public sections of this website is confidential and proprietary to Embarkley. This includes all information and results, offering materials, financial statements and other information provided through the non-public section of this website.

You will use best efforts to keep all this information strictly confidential. You will not disclose any of this information to any person or use it for any purpose other than those expressly permitted by Embarkley in writing.

If you have been granted access to the non-public sections by Embarkley, you must maintain confidentiality of your log-in information and you remain responsible for all usage of the non-public sections of this website through your account, whether such use is made by you or anyone else.

You must immediately notify us of any known or suspected unauthorized use of your log-in information or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your log-in information.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. Embarkley makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Embarkley does not warrant that:

this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.

Limitations of Liability

Embarkley will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Embarkley Capital has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Embarkley’s liability in respect of any:

Death or personal injury caused by Embarkley’s negligence;

Fraud or fraudulent misrepresentation on the part of Embarkley; or

Matter which it would be illegal or unlawful for Embarkley

To exclude or limit, or to attempt or purport to exclude or limit, its liability

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out to in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability entity, Embarkley has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Embarkley ’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Embarkley’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Embarkley.

Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Entire Agreement

These terms and conditions constitute the entire agreement between you and Embarkley in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Indemnity

You hereby indemnify Embarkley and undertake to keep Embarkley indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Embarkley to a third party in settlement of a claim or dispute on the advice of Embarkley’s legal advisers) incurred or suffered by Embarkley arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions

Breaches of these Terms and Conditions

Without prejudice to Embarkley’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Embarkley may take such action as Embarkley deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with Hong Kong and any disputes relating to these terms and conditions will be subject to non-exclusive jurisdiction of the courts of Hong Kong and any countries that Embarkley has operations in.

Updating our Terms and Conditions of Use

Embarkley may update this Site terms of use by posting a new version on the Site.

You should check this page occasionally to ensure you are familiar with any changes.

If there is any inconsistency or conflict between the English and the Chinese versions of our Terms and Conditions of Use policy, the English version shall prevail.

The terms of use were last modified on 01/01/2017.

Third-party websites

We may provide links to third-party websites, and some of the content appearing to be on this Site is in fact supplied by third parties, for example, in instances of framing of third-party websites or incorporation through framesets of content supplied by third-party servers. Embarkley has no responsibility for these third-party websites, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers.

Contact

If you have any questions about this terms and conditions of use policy or Embarkley’s treatment of your personal information, please contact Embarkley & Company via email to info@embarkley.com.