Please do read these terms and conditions of use ("these Terms of Use") carefully before using itrade.cgsi.com.my ("this Website"). Your access to and use of this Website is subject to the following terms and conditions and all applicable laws. Please note that these Terms of Use will apply to your access of this Website regardless of whether you register or subscribe to be a user.
By accessing and using this Website, you would be signifying your assent to these Terms of Use. If you do not agree to these Terms of Use, please do not use this Website. These Terms of Use may be amended or modified, or new conditions may be imposed, at any time. Any such changes or additions will be reflected by an update of this posting. You are therefore responsible to regularly update or familiarize yourself with the changes made to these Terms of Use. Please check these Terms of Use periodically for changes. Your continued access of this Website following the posting of changes to these Terms of Use will mean you accept those changes.
1. GENERAL
1.1 This Website (bearing the domain name "itrade.cgsi.com.my") is owned managed and/or operated by CGS International Securities Malaysia Sdn. Bhd. (formerly known as CGS-CIMB Securities Sdn. Bhd.) ("CGS MY").
1.2 This Website is solely for your personal use and for information purposes only. All content, material, information, data or opinions accessible via this Website are provided by CGS MY"as is" and without warranties of any kind either express or implied to the fullest extent permissible and subject and pursuant to applicable law. CGS MY disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
1.3 Nothing in this Website should be construed as an offer or solicitation for the purchase or sale of capital market products as defined in the Capital Markets and Services Act 2007.
1.4 The responses in our "Frequently Asked Questions" on this website form an integral part of these terms of use and would be binding on you. Please read these "Frequently Asked Questions" carefully and thoroughly.
2. INFORMATION
2.1 Information contained in this Website is derived from sources CGS MY considers to be reliable, but CGS MY does not warrant the accuracy, correctness or completeness of any information furnished. CGS MY makes no representation or warranty, express or implied, as to the results to be attained by any person from the use of the information or services found or comprised in this Website. CGS MY also makes no express or implied warranties of merchantability, satisfactory quality, or fitness for a particular purpose or use with regard to such information or services.
2.2 Any opinions or estimates expressed in this Website whether made by CGS MY or Third Party constitutes their reasonable judgment as of the date such opinions or estimates are first published and are subject to change without notice. In providing information on this Website, CGS MY, its employees or agents:
(a) does not give financial or investment advice; and
(b) does not have knowledge of, have not considered, have not given any consideration to and have not made any investigation of the specific investment objectives, financial situation or particular needs of any user, any specific person or group of persons or visitors to this Website. In the circumstances, you are advised to always make such independent investigations as may be necessary in order for you make an informed and reasoned decision regarding your personal, legal, commercial, or financial matters. In particular please note that:
(i) any forecasts or projections or forward looking statements made whether by CGS MY or any other party in this Website are not necessarily indicative of future or likely performance, future events or future financial performance of products, countries, markets or companies and these statements are only predictions and actual events or results may differ; and
(ii) any opinion or estimate contained in this Website is made without the knowledge, consideration or investigation of the specific investment objectives, financial situation or particular needs of any user, any specific person or group of persons or visitors to this Website and is not to be relied on or considered as advice of any nature whatsoever.
2.3 With respect to paragraphs 2.1 and 2.2, CGS MY expressly disclaims all liability for the use or interpretation by others of information contained in this Website or for any loss arising whether directly or indirectly as a result of the visitor, user, any person or group of persons acting on any information, opinion or estimate contained in this Website.
3. INTELLECTUAL PROPERTY
3.1 Information found or comprised in this Website are the property of CGS MY, or other information or service providers and are confidential or the subject of copyright or other applicable moral or intellectual property rights. Visitors to this Website may not reproduce, hyperlink to, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the information found in this Website in any manner without the express written consent of CGS MY, or use such information or services for any unlawful or unauthorised purpose.
3.2 Permission is granted to electronically copy and/or print hard copies of pages from this Website solely for the visitor's own personal non-commercial purposes only. Any other use of this Website or information or services found in this Website is strictly prohibited, unless the written permission of CGS MY is first obtained in writing.
4. RESTRICTIONS ON DEEP LINKING/FRAMING
4.1 CGS MY is concerned about the integrity of this Website when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, CGS MY is concerned with activities such as linking to an internal or subsidiary page of this Website that is located one or several levels down from the home page of this Website ("Deep Linking") and the incorporation of any part of this Website as part of your own web page ("Framing"). Deep Linking to or Framing any part of this Website or any similar activity may not be carried out by you unless you have first obtained the express written permission of CGS MY to do so.
5. LIMITATIONS OF USE
5.1 You also may not take any action that imposes an unreasonable or disproportionately large load on this Website, or the associated infrastructure supporting this Website (including any computer or software systems supporting this Website).
5.2 You are prohibited from obtaining or attempting to obtain, through any means, any information, material or content not intentionally made available or provided through this Website.
5.3 You are prohibited from using any robot, spider, manual and/or automatic device, manual process, software or routine that may interfere with the proper operation of this Website.
5.4 You are also prohibited from using any robot, spider, manual and/or automatic device, software or routine to access and/or use either the services available on this Website or the Website itself, unless duly approved and authorised by CGS MY.
6. RESPONSIBILITY AND COMPLIANCE WITH LAW
6.1 Your use of this Website is subject to all applicable laws and regulations (whether having the force of law or not). You agree that you shall:
(a) not use this Website for illegal purposes or unauthorised purposes;
(b) not interfere with or disrupt computer networks or systems connected to, supporting or hosting this Website; and
(c) comply with all regulations, policies and procedures of networks connected to or which may be hosting this Website.
6.2 Please also note that it is your responsibility to ensure that you are eligible to use this Website. If the access to this Website by you from your jurisdiction is restricted or prohibited, please do not access or use this Website.
7. PORTFOLIOS
7.1 CGS MY may provide one or more model portfolios of investment products or securities that are provided to members as benchmarks of how such a portfolio might be managed. These are provided to help you evaluate your research, and not as recommendations. Action relating to the addition or deletion of any investment product, security, group of investment products and securities, funds or any traded commodity should not be construed as investment advice. CGS MY's model portfolio decisions are made without any regard to the knowledge, consideration or investigation of the specific investment objectives, financial situation or particular needs of any user, any specific person or group of persons or visitors to this Website.
7.2 CGS MY may also provide users with the opportunity to make public their own portfolios via the Site and changes in such portfolios should not be construed as investment advice. You should do their own research before making any investment related decision. You agree that, you and you alone are responsible for your investment decisions, and any gains or losses that may arise accordingly.
8. THIRD PARTY SERVICES/INVESTMENT PRODUCTS
8.1 While certain third party services may be accessible through this Website (the "Third Party Services"), such services are provided by third parties and not CGS MY. Accordingly, and notwithstanding that:
(a) any Third Party Services are co-branded with this Website;
(b) any logos or trademarks of this Website or CGS MY appears on any web pages relating to or offering the Third Party Services; or
(c) any Website or web page may be framed with in this Website,
CGS MY gives no warranty of any kind, implied, express or statutory (including but not limited to warranties of availability, satisfactory quality or fitness for a particular purpose) in conjunction with any Third Party Services or any products (including unit trusts) obtained through such services and your access and use of any Third Party Services is at your own risk.
8.2 CGS MY shall also not be liable, (whether under contract or tort or other legal theory), for any damages or expense (including any direct, indirect, consequential or special damages) which you may suffer or incur as a result of using any Third Party Services or in connection with any products (including unit trusts) obtained through such services.
8.3 Investments in any unit trusts or other securities which may be accessible via the Third Party Services (the "Investment Products") are not deposits or other obligations of, or guaranteed or insured by CGS MY or its affiliates and are subject to investment risks, including the possible loss of the principal amount invested. Past performance is not indicative of future performance. The value of the Investment Products and the income from them may fall as well as rise. All applications for Investment Products must be made on the application form accompanying the relevant prospectus, if required by applicable law. Investors should read the prospectus for details. Further, if you wish to use any Third Party Services you will have to abide by any terms and conditions imposed by such third parties in respect of such services.
9. FURTHER WARRANTIES AND LIMITATION OF LIABILITIES
9.1 We do not make any representation, recommendation, endorsement, warranty or guarantee the completeness, adequacy, quality, accuracy or timeliness of any content, material, information, data, or opinions that may be obtained or is available via this Website, including but not limited to that provided by any institutions, advertisers, consultants, legal advisors or any Participant.
9.2 As users of this Website you may encounter other parties who may identify themselves or are identified as other users, staff of CGS MY or otherwise. These people may or not be associated with CGS MY. In any event these people are individuals, the opinions they express are their own and not those of CGS MY. These people may or may not have formal financial training or experience regardless of what they may tell you. Accordingly, you agree to treat with caution anything these people may tell you and not to hold CGS MY liable for their communications and/or your actions based on them. Please remember, that almost every individual you encounter in this Website will have a financial interest in the investment products or securities they discuss. They may or may not tell you about such holdings.
9.3 We do not warrant that any feature or function comprised or accessible via this Website will be uninterrupted or error-free, that defects will be corrected or that this Website or the computer system supported this Website is free of any virus or other harmful elements. We assume no responsibility for the deletion, mis-delivery or failure to store any user communications, materials, information, data or email. Access and reliance of any content, material, information, data or opinions accessible via this Website by you is done 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 storage or download of any such content, material, information, data or opinions.
9.4 Please note that should you chose to access or use this Website, the allocations of liability mentioned in these Terms of Use, including those mentioned in this clause 9, represent the agreed and bargained for understanding of the parties with respect to CGS MY's liability. You acknowledge that the limitations set out in these Terms of Use (including this clause 9) are integral to the consideration payable to CGS MY for providing this Website and that were CGS MY to assume any further liability beyond that set forth in this clause 9, such consideration would be substantially higher.
10. INDEMNITY
10.1 You agree to indemnify and hold CGS MY, its affiliates, their respective members, directors, officers, employees, agents and representatives harmless from any claim, demand or cost (including solicitors' fees on a full indemnity basis) which any of them may suffer or incur due to or arising out of or in connection with (a) your breach of any of the provisions of these Terms of Use, (b) your infringement of any rights or intellectual property rights, including copyrights, trademarks or rights of confidence of any person or entity, (c) any action taken or omitted to be taken in good faith by CGS MY pursuant to any instructions, notice or request by you or (d) the enforcement of CGS MY's rights against you under these Terms of Use.
11. RISKS
11.1 Due to the nature of the Internet, a visitor to this Website must acknowledge and accept the risks of the possibility of:
(a) unauthorised copying, amendment, recording or reading of or interference with messages or this Website by third parties;
(b) delay in or inability to access or use this Website due to any hardware, software, system or connection failure, error, omission, interruption, delay in transmission or computer virus; and
(c) loss of data or information that may occur due to any cause whatsoever, including any failure of any electrical, electronic, computer, microprocessor, recording or communication system of CGS MY or any other party, and the visitor releases CGS MY from any claim which the visitor may have as a result of the visitor assuming such risks.
In any event CGS MY shall not be liable, whether under tort or contract, for any damages, losses or expenses suffered or incurred by visitors, including direct, consequential, incidental, special, or indirect damages, or loss of profits or trading losses, arising from or otherwise resulting directly or indirectly from:
(i) any government restriction, exchange ruling, suspension of trading, war, strike, industrial action, civil commotion, national disaster or any other event or circumstances beyond CGS MY's control;
(ii) any failure of any relevant correspondent or other agent or principal of CGS MY, or any failure of any information sources, depository, dealer, exchange, clearing house or regulatory or self-regulatory organisation for any reason whatsoever to perform its obligations;
(iii) any failure of any computer hardware, application software or software utilised in relation to or in respect of the provision of this Website or any interruption, interference, delay in respect of or loss of use or access to those Website due to technical difficulties or outages that may affect CGS MY or any other party's computer, communications or power systems or supplies, even if CGS MY has been advised or is aware of the possibility of such damages, losses or expenses arising.
12. EXCHANGE SPECIFIC DISCLAIMER:
12.1 SINGAPORE EXCHANGE
"Singapore Exchange endeavours to ensure the accuracy, correctness and reliability of the information provided but makes no representations and disclaims all express, implied, and statutory warranties of any kind including, but not limited to, representations and warranties regarding accuracy, timeliness, completeness, currentness, non-infringement, merchantability, or fitness for any particular purpose. Or any representations or warranties arising from usage or custom or trade or by operation of law."
12.2 HONG KONG EXCHANGES AND CLEARING LIMITED
Hong Kong Exchanges and Clearing Limited ("HKEx") acknowledges and agrees that CGS MY may under and for the purposes of CGS MY’s agreement with HKEx ("Agreement") provide the information to you in the form or format in which the information is supplied to CGS MY or in any other form or format including for use in composite information systems provided always that (a) the information is acknowledged as being derived from the Stock Exchange of Hong Kong Limited (the "Exchange") and its format or editing is in no way misleading as to the nature or content of the information and (b) CGS MY shall not remove, displace or alter any copyright, confidentiality or other proprietary notices or any disclaimer notice of the Exchange and (c) whenever CGS MY wishes to provide the information in a different form or manner, whether to constitute a new service to, or to modify, an existing service specified in the Agreement, CGS MY will first give HKEx no less than one month's prior written notice of its intention, and shall provide such further details as HKEx may reasonably request. For the avoidance of doubt, nothing in this clause shall entitle CGS MY to do anything outside the scope of the Agreement without first obtaining HKEx' written consent, (such consent not to be unreasonably withheld). HKEx may, at any time after receiving such notice, issue instructions to re-define and/or re-classify the services in question, which instructions shall form a part of the Agreement and shall replace any then existing instructions with effect from its date of issue by HKEx or from the date when the modified services are introduced, if later. (For the avoidance of doubt, this clause is without prejudice and subject to the Agreement).
YOU ACKNOWLEDGE AND AGREE THAT HKEx AND CLEARING LIMITED, ITS HOLDING COMPANIES AND/OR ANY SUBSIDIARIES OF SUCH HOLDING COMPANIES ENDEAVOUR TO ENSURE THE ACCURACY AND RELIABILITY OF THE INFORMATION PROVIDED BUT DO NOT GUARANTEE ITS ACCURACY OR RELIABILITY AND ACCEPT NO LIABILITY (WHETHER IN TORT OR CONTRACT OR OTHERWISE) FOR ANY LOSS OR DAMAGE ARISING FROM ANY INACCURACIES OR OMISSIONS. ACCORDINGLY CGS MY DOES NOT GUARANTEE THE ACCURACY OR RELIABILITY OF SUCH INFORMATION AND CGS MY ACCEPTS NO LIABILITY (WHETHER IN TORT OR CONTRACT OR OTHERWISE) FOR ANY LOSS OR DAMAGE ARISING FROM ANY INACCURACIES OR OMISSIONS.
You irrevocably and unconditionally agree that all and any dissemination of the information to you shall be on terms that (i) you shall not, without the prior written approval of HKEx (such approval not to be unreasonably withheld) disseminate the information or any part thereof to any other person; (ii) you shall not use or permit the use of the information or any part thereof for any illegal purpose; (iii) you shall not use the information or any part thereof other than in the ordinary course of your own business (which shall not include dissemination to third parties); and (iv) you shall not use the information or any part thereof to establish, maintain or provide or to assist in establishing, maintaining or providing an Off Market. For this purpose, an “Off Market” is a trading floor or dealing service where (a) trading in securities listed on the stock market operated by the Exchange or of a type capable of being so listed or (b) any other securities relating to securities described at (c) above is being undertaken otherwise than at or through the stock market operated by the Exchange.
CGS MY shall comply with such directions as HKEx may reasonably require from time to time concerning permitted use of the information, provided that (i) such directions are incorporated in the Agreement or are otherwise given in writing by not less than 3 months notice; and (ii) at any time during the 30 days following service of such notice CGS MY shall be entitled to terminate the Agreement with effect from the date when the direction is to be implemented, by giving written notice to HKEx.
CGS MY shall provide a statement ('the Subscriber Report’) to HKEx within 15 days of the end of each month (unless the Subscriber Report relates to permitted recipient outside Hong Kong of the information provided hereunder, in which case it shall be provided within 30 days of the end of the month) as to:- (i) the names of the permitted recipient of the information (“Subscriber”) provided hereunder to whom it has disseminated the Information during the preceding month and stating the name or nature of the service by which each received the information, the number and type of Subscriber Units (as defined in the Agreement) for each Subscriber within Hong Kong and outside Hong Kong; and (ii) the fees payable for that month. The Subscriber Report shall contain such further information and shall be provided in such format as HKEx may reasonably require (by not less than 90 days’ written notice) from time to time. You irrevocably agree to provide such information as may be required (and only to the extent so required) by CGS MY in order for CGS MY to meet CGS MY’s obligations to HKEx.
CGS MY shall maintain complete and accurate records of how the fees specified in each Subscriber Report have been calculated and shall make such records available to HKEx within 30 days of receiving HKEx written request. HKEx shall have the right not more than once in each Quarter (as defined in the Agreement) during and also once in the Quarter following termination of this Agreement to inspect all documents pertaining to such records covering the period of the preceding Quarter (and, if not yet so inspected, previous Quarters) either itself or by its authorized agents. CGS MY shall, upon receiving HKEx written request, permit and/or (if so requested) procure that HKEx may inspect promptly thereafter the premises and records of CGS MY and any sub-licensee, for the purpose of satisfying HKEx by whatever proofs HKEx may reasonably require that the fees are being properly accounted for and/or that CGS MY and/or its sub-licensees are using the information in accordance with the Agreement only and are not using the information contrary to the provisions of the Agreement, provided always that CGS MY shall not be obliged to make and/or procure such inspection to take place more than once in any Quarter. HKEx shall bear its costs (including internal management time and expenses) of each inspection, unless the inspection establishes that HKEx has been underpaid by 5% or more of the amount actually paid in respect of fees for that Quarter in which case CGS MY shall bear such costs. For the avoidance of doubt, such underpayment shall be deemed to have been payable with effect from the due date for providing the Subscriber Report relevant to such underpayment.
12.3 BURSA MALAYSIA SECURITIES
Bursa Malaysia Securities Bhd ("Bursa Malaysia") and CGS MY make no representation or warranty (including all express, implied and statutory warranties of any kind arising from usage, custom, trade or by operation of law), as to the veracity, reliability, accuracy, completeness, currentness, comprehensiveness, fitness for any particular purpose or use of the information from Bursa Malaysia, or that such information shall error-free or virus-free. You agree and accept that Bursa Malaysia expressly reserves the right to and may in its sole discretion change the technological basis of the transmission of information to CGS MY at any time and from time to time.
You shall not transmit, distribute, disseminate (by any means whatsoever), or re-transmit, re-distribute or re-disseminate (by any means whatsoever), or access CIMB’s facilities to retrieve for the purposes of transmission, distribution or dissemination, the information from Bursa Malaysia.
In the case where Bursa Malaysia ceases the provision of information (in any form or format) to CGS MY, you accept and agree that such information will no longer be available to you forthwith and we shall not be liable to you for any reason whatsoever in respect thereof. In the case where Bursa Malaysia requires CGS MY to cease the provision of information (in any form or format) to you, you accept and agree that such (i) cessation shall not be challenged in any manner whatsoever, and (ii) information will no longer be available to you forthwith, and we shall not be liable to you for any reason whatsoever in respect thereof.
You agree to provide such information as may be required (and only to the extent so required) by CGS MY in order for CGS MY to meet CGS MY’s obligations to Bursa Malaysia.
You agree that you shall not (i) use the information or any part thereof in any deliberate attempt to establish, maintain or provide, or assist in establishing, maintaining or providing any service, activity or facility which does not comply with the relevant laws and the business rules of Bursa Malaysia (for the time being and from time to time in force); and (ii) use Information to design, calculate, manage or promote any indices that compete with any indices owned or partially owned by Bursa Malaysia.
You shall indemnify and keep CGS MY, its affiliates and their respective members, officers, directors, employees, agents and representatives fully indemnified against all loss, damage, costs and expenses which any of them may suffer or incur as a result of any claim, action or legal proceeding made or commenced by Bursa Malaysia on CGS MY, its affiliates and/or any of their respective members, officers, directors, employees, agents and representatives and any damages or compensation awarded against any of them by any court or tribunal of competent jurisdiction, arising from, inter alia, a breach or failure to fully perform any of your obligations herein.
12.4 AMERICAN STOCK EXCHANGE, INC and NEW YORK STOCK EXCHANGE, INC.
"American Stock Exchange, Inc. and New York Stock Exchange, Inc. do not guarantee the timeliness, sequence, accuracy or completeness of market data and are not liable to anyone for problematic data, for any negligence or force majeure."
12.5 THE NASDAQ OMX Group, INC.
The provision and availability of information concerning price and index quotes on NASDAQ (the “NASDAQ Information”) is subject to the terms and conditions, and limitations, imposed by The NASDAQ OMX Group, Inc ("NASDAQ OMX") on CGS MY. The provision and availability of such information to you is accordingly subject to such terms and conditions, and limitations. You acknowledge and agree that the NASDAQ Information originates from NASDAQ OMX and CGS MY disclaims all liability in respect thereof. In particular, and without derogation to the foregoing we make no representation and disclaim all express, implied, and statutory warranties of any kind to you and/or any third party including warranties as to accuracy, timeliness, sequence, completeness, merchantability, or fitness for any particular purpose in relation to the NASDAQ Information. Following from your acknowledgement and agreement that the NASDAQ Information originates from NASDAQ, you accept and agree, as a term of our provision and making available the NASDAQ Information the following:
NASDAQ OMX will make commercially reasonable efforts to offer the NASDAQ Information as promptly and as accurately as is reasonably practicable. Notwithstanding the foregoing, you acknowledge and agree that the NASDAQ Information and any and all material related to the NASDAQ Information are being provided "as is" with no warranties. In the event that the NASDAQ Information is not available as a result of a failure on the part of NASDAQ, NASDAQ OMX will endeavor, giving due regard for the cost, time and effect on other users, to correct any such failure. In the event that the NASDAQ Information is not available, is delayed, is interrupted, is incomplete or is not accurate or is otherwise materially affected for a period, your rights and remedies are expressly limited to such of the rights and remedies as may be available to CGS MY against NASDAQ OMX in respect thereof and to the extent that the exercise of such rights and remedies are, at the absolute discretion of CGS MY available to you. Beyond the warranties stated in this section, there are no other warranties of any kind, express, implied or statutory (including, without limitation, timelines, truthfulness, sequence, completeness, accuracy, freedom from interruption, any implied warranties arising from trade usage, course of dealing, or course of performance, or the implied warranties of merchantability or fitness for a particular use or purpose).
Without prejudice to the other provisions of this Terms of Use,
(i) CGG MY shall not be liable to you or any other person for trading losses, loss of anticipated profits, loss by reason of shutdown in operation or for increased expenses of operation, or for indirect, special, punitive, consequential, or incidental loss or damage of any nature arising from any cause whatsoever, even if CGS MY and/or NASDAQ OMX have been advised of the possibility of such damages.
(ii) CGS MY shall not be liable to you or any other person for any unavailability, interruption, delay incompleteness, or inaccuracy of the NASDAQ information.
(iii) if CGS MY for any reason held liable to you, or to any other person, for claims arising from the NASDAQ Information, whether in tort or in contract, notwithstanding the provisions in this Terms of Use, the liability of CGS MY is limited to an amount of your direct damages that is actually incurred by you in reasonable reliance, and which amount does not exceed, at CGS MY's option, the amount equal to what receives from NASDAQ OMX by way of a prorated credit or a prorated refund of any monies due to NASDAQ OMX from CGS MY (less monies refunded or credited to you) for the NASDAQ Information at issue for the period at issue.
CGS MY shall not be liable to you or to any other person for the unavailability, interruption, delay, incompleteness or inaccuracy of information from NASDAQ OMX's third party information providers.
(iv) CGS MY shall not be liable to you or to any other person for the unavailability, interruption, delay, incompleteness or inaccuracy of information or data received from a re distributor of NASDAQ or for any acts or omissions of a re distributor of NASDAQ.
You shall defend, be liable to, indemnify, and hold CGS MY,its affiliates and their respective members, officers, directors, employees, agents and representatives (“Indemnified Persons”) harmless from and against, any and all Claims or Losses imposed on, incurred by or asserted against any of them to the extent that the Claims and Losses result from or relate to: (i) failure of yours, your employees, independent consultants/subcontractors, directors, and other agents to comply with the terms and conditions of this Terms of Use (ii) any assertion of Claims or Losses relating to the subject matter or existence of this Terms of Use against any of the Indemnified Persons made by any person who is an employee, agent or officer of yours or entity who is related to, associated to or is an affiliate of yours who receives the NASDAQ Information from us (or any such person or entity relying upon the NASDAQ Information (iii) breach of any warranty by you; (iv) any defense or participation by any person who is an employee, agent or officer of ours or entity who is related to, associated to or is an affiliate of yours in any action, suit, arbitration, or judicial or administrative proceeding involving any Claims or Losses described in this section, or (v) the receipt or use of the NASDAQ Information (including representations about the NASDAQ Information) by yourself, your employees, directors, and other agents. Unless otherwise stated herein, "Claims or Losses" means any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, judgments, and reasonable costs and expenses of whatever nature, whether incurred by or issued against a party, including, without limitation: (i) indirect, special, punitive, consequential, or incidental loss or damage (including, but not limited to, trading losses, loss of anticipated profits, loss by reason of shutdown in operation or increased expenses of operation, or other indirect loss or damage); and (ii) reasonable administrative costs, litigation costs, and auditors' and attorneys' fees, both in-house and outside counsel, and related disbursements.
In no event shall any claim, dispute, controversy or other matter in question be made against CGS MY by you (or any person or entity claiming by or through yourself) later than one year after the claim, dispute, controversy or other matter in question has arisen.
12.6 INDONESIA STOCK EXCHANGE
EXCHANGE does not guarantee and hereby disclaims any warranty (whether express, implied, statutory, or otherwise, including, without limitation, any warranty of merchantability or fitness for a particular purpose) relating to, the timeliness, sequence, accuracy, or completeness of the IDX-Data made available by EXCHANGE and EXCHANGE will not be liable, responsible or accountable to you, CGS MY or other third party for:
(a) any inaccuracy, interruption, error or delay in, or omission of any such IDX-Data or the transmission or delivery of such IDX-Data, and
(b) any direct or indirect losses or damages which you, CGS MY or other third party may suffer arising out of or relating to any such inaccuracy, interruption, error, delay, or omission of the provision of the IDX-Data by EXCHANGE.
Although EXCHANGE does not warrant that the IDX-Data will be complete or error-free, EXCHANGE will use reasonable efforts to:
(a) provide the IDX-Data is accurate and complete;
(b) notify CGS MY of any errors or omissions as soon as reasonably practicable after EXCHANGE becomes aware of such errors or omissions; and
(c) correct any such errors or omissions as soon as reasonable practicable after EXCHANGE becomes aware of such errors or omissions.
12.7 THAILAND STOCK EXCHANGE
All rights in the Data, trade name, trademark, service mark, copyright, patent, trade secret and any intellectual property rights, whether directly or indirectly related to the service provided hereunder and whether registered or not (the “Intellectual Property”)shall belong to the Service Provider. The Service Provider permits CGS MY to use its Intellectual Property within the scope stated herein only. Such Intellectual Property right shall in no case be transferred to CGS MY or a third party.
Unless otherwise stipulated herein, if CGS MY reproduces, adapts, amends or does anything to the Service Provider's Data or Intellectual Property without a written permission in advance, it shall be deemed that such an action violates the Service Provider's Intellectual Property. This however shall not deprive the Service Provider of the right to terminate the Agreement and demand any damages or act otherwise as provided by the law.
In case CGS MY is in a category where it is allowed in writing to disseminate Data to you, if CGS MY learns that you violates the Service Provider's Intellectual Property, it shall notify the same to refrain from violation immediately. However, CGS MY shall have no right to pursue any legal action without an approval in writing from the Service Provider. In case CGS MY fails to notify you to suspend its violation of Intellectual Property right, the terms governing penalties and fines shall apply.
13. THIRD -PARTY PROVIDERS' TERMS AND CONDITIONS OF USE:
13.1 Trading View
CGS MY uses TradingView technology to display price on charts. TradingView is a charting platform for a global community of trades and investors. Supported by robust technologies across browser, dekstop and mobile apps, the platform provides unparalleled access to live data e.g. Dow Futures and BTC USD Chart, the latest news, financial reports, Stock screener and Economic calendar.
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