TERMS OF USE

The Client acknowledges that:

  • 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;
  • 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;
  • the use of this Website is subject to technical defects or interruptions from time to time, and that AB Club Limited “Asia Bankers Club” makes no representation that the Website is free from any computer viruses or programs that may affect your electronic systems;
  • Asia Bankers Club 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; Asia Bankers Club may amend, suspend or terminate (temporarily or permanently) the Website or the services provided under it, from time to time without notice and Asia Bankers Club shall not be responsible for any loss or damage arising out of the amendment, suspension or termination of the Website;
  • the use of this Website and the services provided under it is entirely at the Client’s own risk; and
  • 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 Asia Bankers Club’s range of events and physical assets-related services is available on request. Asia Bankers Club hereby represents to the Client, and the Client acknowledges, that:

  • Asia Bankers Club 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;
  • save as provided in Asia Bankers Club’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 Asia Bankers Club;
  • Asia Bankers Club and its representatives have at no time made to the Client any warranties, promises or forecasts as to any expected return on investment or rental yields, and neither Asia Bankers Club nor its representatives have the authority to make such warranties;
  • Asia Bankers Club 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;
  • Asia Bankers Club 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);
  • Asia Bankers Club and its representatives cannot and will not provide advice on taxation or the legal consequences of any arrangements and an Asia Bankers Club representative has advised the Client that it should obtain independent legal and taxation advice;
  • Asia Bankers Club shall be entitled to negotiate with, receive and be compensated with payments and commissions from, property companies, financial institutions and/or other parties connected with the provision by Asia Bankers Club of the Services to the Client, and Asia Bankers Club shall on reasonable request by the Client, provide the Client with details of such transactions; and
  • the Client expressly agrees that the use of this Website and the information contained herein is solely at the Client’s own risk.

Material

  • In respect of all material, information and documents supplied by Asia Bankers Club to the Client at any time (including all plans and specifications) (the “Material”), neither Asia Bankers Club, nor any of its representative, officer, employee or adviser:
  • accepts or will accept any responsibility for any interpretation, opinion or conclusion that the Client may form as a result of examining the Material;
  • accepts or will accept any responsibility to inform the Client of any matter arising or coming to the notice of Asia Bankers Club which may affect or qualify any Material which Asia Bankers Club provides to the Client; or
  • 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 physical assets may involve risks and the value of the physical assets and associated yields may go down as well as up. The physical assets market is volatile and asset prices may fluctuate widely. Whilst Asia Bankers Club 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 and solicitors to undertake due diligence and provide adequate and satisfactory advice to the Client before proceeding with any physical assets related transaction.

Limitation of Liability

  • Save as expressly set out herein and to the extent permitted by law, Asia Bankers Club 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 Asia Bankers Club, 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.
  • Asia Bankers Club 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.
  • 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.
  • No provision herein set out shall exclude or limit the liability of Asia Bankers Club 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 Asia Bankers Club arising out of or in connection with this Website.

Agents

If an agent of Asia Bankers Club provides information to the Client no representation, warranty, condition or other term express or implied is made by Asia Bankers Club as to the content, quality or veracity of such information.

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 Asia Bankers Club.

Admission to Asia Bankers Club Events

The right to admission to a Asia Bankers Club event or seminar is reserved by the event manager. The event manager may take health and safety, environmental, security and other concerns into account at their reasonable discretion, and may from time to time carry out security searches. No refunds will be offered to customers who are refused entry or ejected from an event or seminar on account of late arrival, declining to be searched, being abusive, threatening, drunken or other antisocial behavior (including smoking in no smoking areas), carrying offensive weapons or illegal substances, or making unauthorised audio, video or photographic recordings.

Website Privacy Statement

This Statement sets out the policy of Asia Bankers Club in connection with the collection and use of your personal data through this Website.

General Statement of Principle

Asia Bankers Club respects the privacy of the users of this Website, and complies with its obligations under the Personal Data (Privacy) Ordinance (Cap. 486), the governing legislation in Hong Kong.

Kinds of Personal Data Held

There are two broad categories of personal data held by Asia Bankers Club. They are personal data contained in:

  • Customer files and records, which include records containing information supplied by visitors to our Website or other wise voluntarily supplied to Asia Bankers Club by clients or potential clients; and
  • Other records, which include administration and operational files and personal data provided to Asia Bankers Club in respect of promotional, operational and administrative activities (including the personal data of service suppliers to Asia Bankers Club).

Purpose of Holding Your Personal Data

Asia Bankers Club holds your personal data for the following purposes:

  • Customer files and records are kept for the purpose of facilitating the provision of information to you about Asia Bankers Club, including the range of property services and related activities offered to clients of Asia Bankers Club; and
  • Other records are kept for various purposes which vary according to the nature of the record, such as administration of office functions and activities, promotional and marketing activities, selection of service suppliers, and so forth.

How We Collect Personal Data

While browsing an internet site, collection of personal data without a user’s express consent will occur. The services provided on this Website:

  • E-Mail: Data received by e-mails sent to the Website are used to reply to requests in those e-mails and are then stored for statistical purposes.
  • use cookies to improve browsing, but not for statistical purposes. You may disable the use of cookies, but this may impair your ability to browse this web site; and
  • do not use internet tags.

This Website applies the following policy to the active collection of personal data:

  • do not use IP address (Internet Protocol Addresses) to collect information. However, IP addresses are stored in navigation information; use navigation data as aggregate data for statistical purposes only;
  • Mailing List: Names are included in mailing lists only if the express consent of the recipient has been obtained.
  • Registration: Data received upon completion of on-line forms are used to reply to requests for services set out in those on-line forms.

Personal data is also collected by Asia Bankers Club when it receives forms, applications, correspondence and other documents from its clients and other individuals.

How We Use Your Personal Data

Asia Bankers Club may use your personal data to:

  • provide you with information about Asia Bankers Club including the range of events and physical assets services offered to clients of Asia Bankers Club;
  • liaise with property developers and vendors and other service providers to Asia Bankers Club (including agents, introducers, lawyers) in connection with property services provided to you;
  • verify your identity;
  • confirm payment details with banks or credit card companies;
  • send you, upon you r prior consent, information about other services provided by Asia Bankers Club;
  • liaise with government and regulatory authorities as required by law;
  • protect and defend the rights of Asia Bankers Club or other third parties, or to enforce the Terms of Use that apply to use of this site; and conduct other activities of Asia Bankers Club required or permitted by law.

Who Can We Disclose Your Personal Data To?

Your personal data may be disclosed by Asia Bankers Club to:

  • other companies in the Asia Bankers Club group;
  • professional service providers to Asia Bankers Club (such as agents, legal advisers, financial advisers, and other professionals);
  • service providers to Asia Bankers Club in connection with the maintenance and operation of this Website;
  • government and regulatory authorities as required by law; and
  • other persons who are under a duty of confidentiality to Asia Bankers Club, or to lawful successors and assigns of Asia Bankers Club.

Access to Your Personal Data

You have a right to:

  • request access to your personal data;
  • correct any errors in your personal data;
  • upon payment of a reasonable fee, obtain a copy of your personal data; and
  • upon written request, withdraw your consent to the use by Asia Bankers Club of your personal data. However, if you withdraw your consent, then Asia Bankers Club may not be able to provide physical assets services to you or to contact you.

Data Protection Officer

If you have queries concerning your personal data (including requesting access to, or correcting the details of, your personal data), you should contact:
The Data Privacy Officer
AB Club Limited
Unit 01-02, 15th Floor, Fu Fai Commercial Centre,
27 Hillier Street, Sheung Wan,
Hong Kong

Governing Law and Jurisdiction

The Terms of Use of use of the Website shall be governed by and construed in accordance with the laws of Hong Kong and Asia Bankers Club and the Client irrevocably submit to the exclusive jurisdiction of the Courts in Hong Kong and waive any objection to any legal action or proceedings in such Courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum or on any other grounds whatsoever.

Disclaimer

You acknowledge that:

  • 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;
  • the Content is not intended for the purpose of advice, dealing or trading in securities or collective investment schemes;
  • the Content may include certain information taken from property surveys, stock exchanges and other sources from around the world;
  • 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;
  • the Content may be subject to the Terms of Use of other agreements to which we are a party;
  • 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;
  • 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;
  • the physical assets market is volatile and illiquid and physical assets prices and yields (if any) may fluctuate widely or be affected by a broad range of risk factors;
  • 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;
  • all renderings and illustrations in the Content are artists’ impressions only and all measurements are approximate subject to final survey and confirmation;
  • 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
  • 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:

  • the use of the Content
  • reliance on any information contained in the Content
  • 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.

We and our representatives only work in relation to real estate located outside Hong Kong. Therefore we are not licensed under the Estate Agents Ordinance (Cap. 511 of the Laws of Hong Kong) to deal with Hong Kong real estate (nor are we required to be so licensed).

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.

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