Terms and Conditions
Date of Last Revision: 2021-09-01
Your use of our Services is subject to these Terms and Conditions. Please note that nothing in the Services ought to be thought of, or relied upon, as financial advice. We will not be liable for any losses you incur from your use of or reliance upon the Services.
In these terms and conditions (as amended from time to time, these “Terms and Conditions”), whenever we use “FINETIC”, “us”, “we” and “our”, it refers to FINETIC Limited (registered in Hong Kong under company number 3032956), and when we use “you” and “your” it refers to anyone who uses the Services (as described below).
We provide our services to you through our website located at www.finetic.ai (or any subsequent URL which may replace it) (the “Website”) and through our online content, software and services, whether accessed on the Website or through third-party websites, mobile sites and/or applications (collectively, such services, including any new features and applications, and the Website, the “Services”), subject to the following Terms and Conditions.
Our Website lists out our Service offerings from time to time.
Please bear in mind that nothing in the Services ought to be thought of, or relied upon, as financial advice or a recommendation or endorsement of any of the specified products or services. All information contained in the Services shall only be used for reference only and you should not treat it as any advice given by us. Information provided by the Services may help you choose the stocks that best meet your needs. However, it is your sole and absolute responsibility to conduct research, to seek independent and professional advice and to ensure the suitability of the stocks and investment strategy. Ultimately, it is your sole and absolute decision to purchase or not purchase any stock, whether it has been featured in our Services or not.
Please bear in mind that nothing in the Services is, or shall be deemed to represent, an offer, inducement or proposal by us or any third party to sell to you, any stock or to enter into any contract with you in respect to any stock. We do not intend to provide personal recommendations or investment advice, nor do our Services take into account your specific investment objectives, financial situation or particular needs. Past performance is not a guarantee of future performance.
We aim to give you uninterrupted access to our Services. However, we cannot assure you of uninterrupted availability of the Services. We have the absolute right to suspend, limit or terminate your access to the Services at any time.
We reserve the right to feature, amend, delete, edit, discontinue or modify the Services and/or any data, content, material or information displayed in the Services at any time without further notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.
The Services include certain services that may be available through a mobile device, including: (i) the ability to submit information to the Services via a mobile device; and (ii) the ability to browse the Services and the Website from a mobile device (together, the “Mobile Services”). To the extent that you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services and/or providing your mobile telephone number to us through the Services, you agree that we may communicate with you regarding our products and services and/or our service providers by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, the Services may no longer be available to you unless you promptly update the relevant information that you have submitted to us.
You are solely permitted to access and use the Services for personal or non-commercial functions, which means the Services shall only be accessed and used directly by a private individual to find stocks or adjust their investment strategy on their own behalf. Any other kind of access to and use of the Services beyond those mentioned in this paragraph is strictly prohibited.
In order to protect the safety and well-being of others and the integrity and security of our Services, you agree that you cannot use the Services (or facilitate or support others to do so):
- acquiring information provided in the Services for re-sale or dissemination elsewhere;
- to do or to share anything that breaches these Terms and Conditions or any policies that we publish and which apply to your use of the Services;
- in any unlawful, fraudulent, improper, unauthorized, harassing, discriminatory, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable manner or in any way that may be harmful or detrimental to our rights (including intellectual property rights) or interests or the rights (including intellectual property rights) or interests of any of our third party providers, or in any manner that could constitute a criminal offence or give rise to civil liability or regulation, in all cases as determined by us;
- in any way that infringes or breaches our rights or someone else’s rights;
- to alter, modify, reverse assemble or reverse engineer any part of the Services;
- in a way that interferes with, disrupts or imposes an unreasonable or disproportionately large burden on our communications and technical systems as determined by us; and/or
- using any automatic computer code, process, program, robot, net crawler, spider, data processing, trawling or alternative ‘screen scraping’ computer code, process, program or system.
Anyone using the Services in any of the above ways or engaging in any of the above activities are acting in breach of these Terms and Conditions and must stop using the Services immediately.
You acknowledge that we may establish general practices and limits concerning use of the Services. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained by or uploaded to the Services. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
You may complete a registration as part of your use of the Services. Your username and password should be kept confidential by you and not be disclosed to or shared with anyone. If you choose to share these details with anyone, you are absolutely liable for all activities undertaken with the Services using your username and password.
You have to take all necessary precautions to make sure that any data, content, material or information you submit or provide to us via the Services (“User Content”) are free from viruses, spyware, malicious software and anything which can have a contaminating, harmful or damaging impact on any part of this Services, our Content (as described below) or the websites of third parties or any other technology.
You are responsible for your conduct regarding the Services and for your User Content. You guarantee that your User Content does not violate any privacy rights, property rights (such as copyright, information rights and trademarks) or alternative rights of any third party (including any right of confidentiality).
Furthermore, your User Content should not violate any law. User Content should not be harmful, fraudulent, threatening, defamatory, embarrassing, distressing, infringing, abusive, inflammatory, daunting, harassing, libelous, stalking, profane, obscene, indecent, inappropriate, hateful, discriminatory or racially, ethnically, sexually or otherwise objectionable or prohibited by any applicable laws or regulations. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Services, restricting such violator’s access to the Services and reporting the violator to the appropriate authorities.
You must comply with all applicable laws, statutes and regulations when using our Services. You agree to be held wholly responsible for any harm, loss, claim, demand, liability or expense (including reasonable legal fees) that we suffer directly or indirectly as a result of your breach of these Terms and Conditions, your breach of contract or warranty, willful act or omission, misrepresentation, negligence in relation to, or in association with, your access and/or use of the Services and/or in relation to your submission and accuracy of your User Content.
For the avoidance of doubt, you are responsible for:
- ensuring and confirming, if required, that the credit card (or other payment method) that is being used is yours, or that you have been specifically authorized by the owner of the credit card (or other payment method) to use it;
- ensuring and confirming (including by the provision of identity or other verification documents) if required, that the phone number (or other receipt method) that is being used to send or accept funds is yours; and
- complying with any terms and conditions and charges imposed by third party service providers in connection with payment gateway services they provide to facilitate your online payments.
You irrevocably agree to indemnify and hold us harmless for any claims, liabilities, losses, claims, damages and expenses (including reasonable legal fees) arising from or in relation to (i) your use and misuse of our Services (ii) your breach of any of the provisions of these Terms and Conditions; (iii) your infringement of any intellectual property rights or (iv) any third parties claims against us arising from or in relation to the aforementioned events under (A), (B) or (C).
Intellectual property rights
You agree and acknowledge that the Services may contain or display data, content, images, material or information (“Content”) that is protected by copyright, trademark, patent, trade secret or other proprietary rights and laws and is our property and/or the property of our third-party licensors. You can print, copy, transfer or store extracts of content, material or information displayed on the Services for your own personal use if you abide by the following conditions:
- Content cannot be used for any business or commercial functions without our written permission. Such rights cannot be sold, licensed or transferred to any third party without our express written consent;
- You are not permitted to modify or change any of the Content on the Services. It shall not be excerpted, reproduced, published, used, reformatted and/or displayed on another website or place without our written permission;
- The standing of us and our licensors as authors of such data, content, material or information should be acknowledged at all times;
- Images, logos, trademarks or service marks, displayed on the Services are either our property or the property of our third-party licensors and are protected by the applicable copyright laws, trademark laws, the laws of privacy and publicity and/or other intellectual property law(s). Any unauthorized use of images, logos, trademarks or service marks, displayed on the Services may violate the applicable laws.
All intellectual property rights such as patents, trademarks, logos, net domain names, ethical rights, data, supply codes, software, specifications, know-how, processes and business strategies (in all cases whether or not registered or unregistered and as well as all rights to use for registration) in and about the Services (including data or Content displayed on it) are owned by us and/or our licensors and all such rights are reserved. Nothing in these Terms and Conditions or our Services grants you, by implication, estoppel, or otherwise, any license or right to use the Content except as expressly stated in these Terms and Conditions. Except as mentioned elsewhere in these Terms and Conditions, none of the intellectual property rights that belong to us or our licensors in and about the Services (including data or Content displayed on it) can be used, copied, modified, published, transmitted, sold, excerpted, reverse designed, reproduced, reformatted or distributed by you without our express written consent in each instance.
License to use your submissions
Exclusions of liability
We take all efforts to ensure that the information, material, data and knowledge on the Services, including but not limited to that from a third party, are true, correct and accurate and to rectify any errors or omissions as soon as practicable upon being notified of them. However, we do not warrant and hereby disclaim any warranty, express or implied, as to the accuracy, correctness, reliability, timeliness or non-infringement of any information, material or knowledge contained on the Services which are provided on an “as is” and “as available” basis.
We aim to give you uninterrupted access to the Services. However, we do not guarantee or warrant that any Content or functions associated with the Services will be uninterrupted or error free, or that defects will be corrected or that the Services and its server will be free of all viruses and/or other harmful elements.
We are not liable and assume no responsibility for losses or damages of any kind however caused as a result (direct or indirect) of the use or access of, or the inability to use and access the Services, including but not limited to any damage or loss suffered as a result of reliance on the Content, and/or arising out of or in connection with these Terms and Conditions whether in contract, tort or otherwise, even if we have been informed of the possibility of such damage. Any and all liability for any and all indirect losses or damages suffered or incurred by you or those which were not foreseeable as a result of your access and/or use of the Services is excluded.
Notwithstanding the foregoing, nothing in these Terms and Conditions shall limit our liability for personal injury or death, fraud, or for any other liability the exclusion or limitation of which is not permitted by any applicable law or regulation.
You may be able to apply for a variety of products and services via this Website. The products and services are provided by third parties. You are solely responsible for your choice of product or service. We are not responsible or liable for (directly or indirectly) for any loss or harm you will suffer or incur as a result of any product or service you received and/or purchased in a result of or on the basis of using the Services or for any acts, omissions, errors or defaults of any third party in reference to that product or service. Please bear in mind that the data and descriptions of products and services on the Services might not represent the entire descriptions of all the options and terms and conditions of these products and services. You need to make sure that you carefully look at all the options and the terms and conditions of any product or service before purchasing it.
Third party liability
Our Services may provide you with access to third-party websites. The views expressed in third-party websites do not represent our views and we will not be responsible for the accuracy or content of any such views or expressions. Use of the hyperlinks and access to such linked websites are entirely at your own risk.
All hyperlinks to other websites are provided as a matter of convenience to you as a user of the Services. In no circumstances shall we be considered associated or affiliated in whatever manner with any trade or service marks, logos or insignia that appears on such third-party websites.
The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Under no circumstances will we be liable in any way for any content or materials of any third parties (including users) appearing on the Services, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.
Refunds and cancellations
You may choose to no longer use our Services after your subscription period by not renewing your subscription at any time. We will continue to provide the relevant Services to you until the billing period expires. No refund will be provided for such remaining period even if you no longer continue to use our Service.
We may, at our discretion, provide full or partial refunds, or non-cash benefits (such as store credits or alternative products/services) to a customer if we are unable to provide the Services to which a customer has subscribed for an extended period of time.
The Services are controlled and operated in Hong Kong. These Terms and Conditions, and any non-contractual obligations arising out of or in connection with these Terms and Conditions, will be governed by the laws of Hong Kong and you irrevocably agree to submit to the exclusive jurisdiction of the courts of Hong Kong.
We aim to provide all our customers with a high level of service and satisfaction but if you wish to complain about any aspect of our Services please contact us on:
WhatsApp: +852 6657 5630
We cannot answer complaints on behalf of a third-party product or service provider or accept or admit responsibility for any such complaints. We recommend that you visit the website of the product or service provider and follow their complaints procedure if you wish to lodge a complaint with them.