TERMS & CONDITIONS OF USE

 

As at: 29 June 2017

1. Effect of Terms and Conditions

These terms and conditions (“Agreement”) are applicable to the website located at the domain bullcharge.bursamarketplace.com (“Site”). The Agreement applies to the use of the Site and materials, functions and features offered on the Site (“Service”). By accessing this Site and continuing to access this Site and/or registering a user account on the Site, you agree to the terms of this Agreement (and any amended version) just as if you had signed it.

If you are under eighteen (18) years of age, you must have your parent or guardian review and agree to this Agreement on your behalf.

If you do not agree to be bound by this Agreement, please exit the Site, discontinue use of the Service and/or do not proceed to register a user account on the Site.

2. Changes to Terms and Conditions

Bursa Malaysia reserves the right to change this Agreement, and to modify, add or discontinue any aspect, content or feature of the Service from time to time, for any reason. The amended version of the Agreement will be posted on the Site. Please review this Agreement from time to time so that you will be apprised of any changes. You can determine when this Agreement was last revised by referring to the "AS AT" legend at the top of this Agreement. When using the Service, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to the Service, which are hereby incorporated by reference into this Agreement.

3. Intellectual Property and Use of Content

The materials and content displayed and contained in the Site, which may include (without limitation) all information, data, materials, graphics, price or other information as well as any software programs available on or through the Site ("Content" or "Contents" as the context may require), are protected by copyright, trade mark and/or other intellectual property laws, unless where expressly indicated to the contrary. You agree not to infringe and to protect the intellectual property rights of Bursa Malaysia and any Third Party Content Provider (as hereinafter defined) and agree to comply with all contractual, statutory and common law rights in respect of any Content.

The “Bursa Malaysia Berhad” name and the Bursa Malaysia logo, the “Bursa Bull Charge” name and logo are trademarks of Bursa Malaysia. All other trademarks, product names, brand names, company names, titles, copyrights or logos referred to in the Site are the trademarks, product names, brand names, company names, titles, copyrights or logos of their respective owners. All these marks are used purely in editorial fashion only without any intention for infringement, and inure to the benefit of the respective owners. No permission is given by Bursa Malaysia in respect of the use of any trademarks, product names, brand names, company names, titles, copyrights or logos on this Site.

You acknowledge that the Site and its Contents, including but not limited to the text, photographs, graphics and any audio or video applications, are designed and presented by Bursa Malaysia in a format and appearance unique to Bursa Malaysia ("Bursa Malaysia's Look and Feel"). Bursa Malaysia's Look and Feel is protected by copyright, trademark and/or other applicable intellectual property laws.

If you submit material to this Site, you grant Bursa Malaysia a non-exclusive, royalty-free, perpetual, irrevocable license and the ability to fully sublicense the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such material throughout the world in any form, media, or technology now known or hereafter developed. You also permit any other user to access, store, or reproduce such material for that user's personal use. You also represent and warrant that you own or otherwise control all of the rights to the material that you submit; that the material you submit is truthful and accurate; that use of the material you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Bursa Malaysia and its service providers, agents, directors, officers, employees, representatives, successors, and assigns for all claims resulting from material you supply.

4. Use of Content

You may view the Site and its Contents and print one copy of the Site, or particular parts of the Site, solely for personal and non-commercial use, research or information. Save where expressly provided for above, you are strictly prohibited from copying, storing (either in hardcopy or in an electronic retrieval system), downloading, transmitting, transferring, publishing, reproducing, broadcasting, displaying, distributing, selling, licensing any part of the Contents to any third person whether for commercial purposes, for pecuniary gain or otherwise, without the prior written consent of Bursa Malaysia or where the Content does not belong to Bursa Malaysia, the owner of the intellectual property of the Content.

Use of any robot, spider, other automatic device or manual process to monitor or copy the pages on the Site or the Content is strictly forbidden. You may not, without Bursa Malaysia’s prior written permission, mirror any Content contained in this Site.

5. Third Party Content and Links

The Service may include Content that is provided by Bursa Malaysia’s market participants and/or any other third party content provider(s) (collectively referred to as “Third Party Content Providers”). This Content may be subject to the Third Party Content Providers’ terms and conditions and notices and disclaimers which you would be bound by when accessing the Third Party Content Provider’s Content. You should familiarise yourselves with any notices and disclaimers by other Third Party Content Providers and seek independent advice, if appropriate.

Bursa Malaysia does not perform screening, editing or reviews of Content posted by Third Party Content Providers nor do we endorse or approve Content posted by Third Party Content Providers, in any way. Notwithstanding that, Bursa Malaysia reserves the right to monitor all Content posted in the Site including portfolios, watch lists, content posted on chat rooms, discussion forums, bulletin boards, discussion groups and other message exchange facilities or community forums and any other public areas that allow feedback and interaction between users, including in the course of participating in games, surveys or competitions (“Forums”). Bursa reserves the right (but does not have any obligation) to remove any material which Bursa Malaysia considers in its absolute discretion to be offensive or otherwise in breach of the terms and conditions or any law including the securities laws.

The Site may contain advertisements or other information and material on products or services relating to or provided by third parties ("Third Party Information"). Third Party Information may contain embedded hyperlinks to websites owned and operated by the relevant third parties, their licensees or agents. Bursa Malaysia does not make any representation or warranty of any kind in respect of the Third Party Information, and shall not be held accountable for any loss or damage arising from any acts, errors or omission arising from the Third Party Information, or the linked websites of the relevant third parties.

The inclusion of hyperlinks to other websites (“Linked Sites”) is not an indication of endorsement by Bursa Malaysia of the Linked Sites or any part of its contents. Bursa Malaysia expressly disclaims any liability for any loss or damage incurred or suffered by users or any third party arising out of, in connection with or as a result of any linkage. Bursa Malaysia reserves the right at all times and at its discretion to disable any unauthorized links to or frames from the Site.

6. Linking and Framing policies

The establishment of links to the Site is subject always to the following terms and conditions.

The link must be a text-only link clearly marked bullcharge.bursamarketplace.com or bullcharge.bursamarketplace.com and must "point" to the URL bullcharge.bursamarketplace.com.

Any linking to this Site shall comply with the following:-

a.  that the link or any party thereof does not damage or dilute the goodwill associated with Bursa Malaysia's name and marks, and where applicable, that of its group of companies;

b.  that the link, when activated, must display the Site in full-screen format and not within a frame on the linked website;

c.  that the Site or its Contents shall not be linked or framed to any site containing inappropriate, profane, defamatory, derogatory, obscene, indecent, or unlawful content, or content which violates any applicable copyright, trademark, intellectual property or privacy laws.

No other use of Bursa Malaysia's or Bursa Bull Charge’s name or marks is permitted without the express prior written permission of Bursa Malaysia.

Bursa Malaysia shall not be liable for any loss or damage incurred or suffered by users or any third party arising from or in connection with a link from the Site. To this end, Bursa Malaysia reserves the right to seek all remedies available to it at law or in equity for any breach or violation of the terms of linkage.

Notwithstanding anything hereinbefore contained, linking to or framing any part or specific parts of the Contents shall not at any time be permitted, unless otherwise and expressly determined by Bursa Malaysia. Further you may not archive, cache or mirror any web page from this Site without the prior written consent of Bursa Malaysia.

Bursa Malaysia reserves the right at any time and at its sole discretion without having to assign any reasons thereto, to revoke its consent to any linking or framing of the Site or its Contents and to take all necessary action in connection therewith, including but not limited to the termination and disabling of any links or frames.

7. Disclaimers

You agree that the use of the Service is at your sole risk and acknowledge that the Service and anything contained within the Service are provided “as is” and Bursa Malaysia makes no representation or warranty of any kind, express or implied, as to the merchantability, timeliness, accuracy, non-infringement, title or fitness for a particular purpose or use or any representations or warranties arising from usage or custom or trade or by operation of law.

Bursa Malaysia, its employees, directors, agents, service providers and Third Party Content Providers shall not be liable for any loss of data whatsoever, including any inadvertent corruption, erasure of data transmitted or received or stored on this Site, mistakes, omissions, interruptions or deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to Acts of God, communication failure, theft, destruction or unauthorised access to Bursa Malaysia’s records or the Site.

In no event shall Bursa Malaysia, its employees, directors, agents, service providers or Third Party Content Providers be liable in respect of any claim arising out of or relating to the Site, Service or its Contents, including, but not limited to, (i) any decision made or action taken by any users in reliance upon such Content, (ii) any access, use or inability to access or use this Site, (iii) any system or server or connection failure, error or omission, interruption, delay in transmission, or computer virus; and/or (iv) any use of or access to any other website linked to this Site, or for any damages suffered, whether direct, consequential, special, punitive, indirect or otherwise, notwithstanding having been advised of the possibility of such damages.

This exclusion clause shall take effect to the fullest extent permitted by law.

8. Indemnification

You agree to indemnify, defend and hold harmless Bursa Malaysia, its agents and service providers and Third Party Content Providers from and against all losses, expenses, damages, claims and costs, including legal fees arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.

 

9. Participation in the Site

If you use certain functions and features of the Service or post any Content on the Site, you acknowledge and agree that you shall, among others:

i.   be solely responsible for your use of the Service and for the content of your messages (if any);

ii.   ensure that you own or have the proper licenses to post and/or disseminate any information which may be construed as investment advice; and

iii.  comply with all applicable laws including but not limited to those concerning the capital markets or electronic communication.

You further agree that you:

i.   shall not impersonate any person or entity or misrepresent any affiliation with any person or entity;

ii.  shall not post, link to or otherwise publish any messages containing any form of advertising or promotion for goods and services or any chain messages or “spam”.

iii. shall not post, link to or otherwise publish messages or content which are defamatory, false, unlawful, threatening, abusive, unreliable, libellous, harassing, vulgar or otherwise objectionable;

iv. shall not post or otherwise publish any messages that contain a virus or other harmful components;

v.  shall not post or transmit any messages that contain software viruses, files or codes designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment;

vi. shall not post, link to or otherwise publish materials that are the subject matter of any copyright or other intellectual property rights claimed or owned by any third party;

vii. shall not post or otherwise publish any messages unrelated to the Forum or the Forum’s topic;

viii. shall not post, link to or otherwise publish information  which may embarrass or harm others, financially or otherwise;

ix. shall not use the Site for any unlawful or illegal activities;

x.  shall not collect or store other visitor’s or registrants or any other party’s personal data;

xi. shall not restrict or inhibit any other visitor or registrant from using the Forum;

xii. shall not do any act or omit to do any act that may result in damage to Bursa Malaysia’s or any other third party’s reputation and goodwill; and

xiv.shall not make any defamatory remarks, statements or insinuations, or any remarks or statements or do or omit to do any act which may prejudice any third party or Bursa Malaysia.

Please note that any communications by you in the Site that may be construed as investment advice is a licensed activity and you would require a license for such activities.

By submitting messages to any Forum, you are granting Bursa Malaysia a perpetual royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-licence the message in whole or in part and in any form. This may include personal information such as your user name and alias and your expressions of opinion. By submitting messages to any Forum you agree to indemnify and hold harmless Bursa Malaysia from all claims, costs and expenses (including legal expenses) arising out of any messages posted or published by you.

Bursa Malaysia reserves the right without notice or assigning any reason whatsoever (but does not have the obligation) to remove any Content or disable or remove any links provided by you, or request that you make changes to Content posted on the Site.

10. Games and Contests

Bursa Malaysia may provide for games (“Game(s)”) and contests/competitions (“Contest(s)”) as a feature on the Site.

The eligibility criteria in relation to each Game and Contest shall be provided separately in the rules of the relevant Game or Contest (“Rules of the Game”).

The terms and conditions for the Site, herein, apply equally to all Games and Contests, in addition to the Rules of the Game which are provided separate from these terms and conditions. All participants of Games or Contests (“Game Participants”) are bound by the Rules of the Game and all the terms and conditions herein. If there is any conflict between the Rules of the Game and these terms and conditions, the Rules of the Game shall prevail.

Game Participants must not cheat or attempt to exploit the Game or Contest or display other inappropriate behaviour and must comply with the Rules of the Game and these terms and conditions, failing which Bursa Malaysia may disqualify Game Participants from participating in any Game or Contest or receiving any prize in relation to the same. All such action will be determined by Bursa Malaysia at its sole discretion.

Bursa Malaysia reserves the right to suspend, cancel, extend or modify any Game or Contest or amend any Rules of the Game. The aforementioned changes will be posted on the Site.

All intellectual property rights in the Games and Contests and the Rules of the Game, including the artwork, graphics, music and other components included therein belongs to or is licensed to Bursa Malaysia. Game Participants shall not sell, copy, distribute, modify, reverse engineer, display, publish or otherwise exploit or in any way deal with the above without the express written consent of Bursa Malaysia.

Winners or where required, Game Participants, must provide proof of age and any other details as required under the Rules of the Game and hereby agree to be featured in publicity material for the Game or Contest. By participating in any Game or Contest, each Game Participant hereby agrees to provide, if required, a photograph of himself/herself to Bursa Malaysia and permits such photograph to be posted on the Site or any other marketing material. Each Game Participant further hereby agrees to provide any personal information necessary to be disclosed in marketing material and permits such information to be published in any marketing material. The Game Participant, by proceeding to participate in any game or contest provided by Bursa Malaysia, hereby agrees to the release of Bursa Malaysia from all liability arising from or in relation to the aforementioned.

Winners are not allowed to request for any substitution or transfer of any prize offered for any Game or Contest, however Bursa Malaysia may substitute a prize for any reason at its discretion. The winners are responsible for the payment of all taxes attributable to the Government, as applicable. All other expenses and incidentals are the sole responsibility of the winner. All decisions made by Bursa Malaysia in relation to any Game or Contest is final and binding.

Game Participants understand and agree that participation in Games and Contests is at their own risk. The disclaimers and indemnities in Clauses 8 and 9 of these terms and conditions shall equally apply to any Game or Contest. Bursa Malaysia is not responsible for inaccurate transcription of entry information, errors in any promotional or marketing materials related to Games or Contests or errors in the Rules of the Game or for any human or electronic error, including but not limited to, the administration of the Games or Contests, or for entries that are lost, late, misdirected, garbled or delayed by computer transmissions.

Bursa Malaysia assumes no liability for any injury or damages caused or claimed to be caused by participation in any Game or Contest and/or the acceptance and/or use of any prize. The Game Participant releases Bursa Malaysia and their respective officers, directors, and employees from any such liability.

Games and Contests on the Site are for entertainment, informational and educational purposes only.

11. Use of Cookies and other Electronic tools

Bursa Malaysia, its agents and service providers may place, view, and/use cookies, Web server logs , Web beacons or other electronic tools to collect statistical and other information about your use of the Site and other websites. This information may include information about the IP address of your computer, browser type, language, operating system, your mobile device, geo location data, the state or country from which you accessed the Site, the Web pages visited, the date and time of a visit.

12. Collection and use of Personal Data by Bursa Malaysia

Bursa Malaysia collects personal information from the registration process or through any other activities held on the Site, including competitions, events, games, promotions, surveys etc. Your personal data (as defined in the Personal Data Protection Act 2010) collected by Bursa Malaysia via the Site is protected under the Personal Data Protection Act. The Personal Data Notice that is posted on the Site describes the purposes your personal data may be used for and to whom your personal data may be disclosed.

13. Collection and use of Personal Data by other Parties

Other websites that can be linked or accessed through this Site may collect personally identifiable information about you. The information practices of those third parties websites linked to/in this Site, are not covered by these terms and conditions.

If you participate in certain functions features of the Site, please note that any information you or others voluntarily disclose may become, through these functions and features, available to the public, and/or other users. If you choose to provide access to designated individuals, any information you post will be visible to such individuals for their use. Bursa Malaysia, its employees, agents, its service providers and Third Party Content Providers, are not responsible for the information that you or others choose to disclose publicly on Site and neither Bursa Malaysia’s or others’ use of such information is subject to these terms and conditions.

The collection, further use and/or disclosure of your information by Third Party Content Providers or by other third parties is not the responsibility of Bursa Malaysia, its agents, or service providers. Such collection, use and/or disclosure are governed by the third parties’ privacy or personal data policy.

14. Severability.

If any provision is found or held to be invalid or unenforceable, then the meaning of such provision, shall be construed to the fullest extent allowed by the law so as to render the provision valid and enforceable, and if no such construction is possible, the invalidity or unenforceability of such provision shall not affect the other provisions herein and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.

15. No Waiver.

Bursa Malaysia’s failure to insist upon or enforce strict performance of any provisions of these terms and conditions, shall not be construed as a waiver of any provision or right.

16. Governing Law.

Any dispute between you and Bursa Malaysia shall be governed by Malaysian law and you submit to the exclusive jurisdiction of the Malaysian court.

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