Terms and Conditions
BlueOnion – Investor Terms for Web Service
These terms apply where you have requested access to our website as an investor, and we have granted you access by issuing a login to you and your staff.
By logging into this website, you and any of your staff are deemed to have accepted this agreement in full.
1. Amendment: We may amend the terms of this agreement by giving 7days'
written notice to you. Each amendment will be deemed binding (even where not
supported by further consideration) where any of your staff subsequently use
their login to access our website.
2. Risk Warning: You acknowledge the following:
- investment involves significant risk of loss as well as gains;
- past performance is not indicative of future results.
3. Regulatory Compliance: The information on our website is not intended for use by, or circulation to, any person or entity in a jurisdiction where access to or use of this information is not permitted.
4. Users Acknowledgement: The information on our website is intended for persons that are legally permitted to invest in alternative collective investment schemes, namely those who qualify as Professional Clients and Eligible Counterparties as according to the Hong Kong SFC, Singapore's MAS,
Taiwan's SFB, UK FCA rules, and those who are contained within the persons described in COBS 4.12 of the FCA Handbook.
5. Use of the website: When using our website, you agree to observe the following restrictions: –
- Where our website permits you to download our data (or the data licensed to us by third parties), you may only use this downloaded data within your organization.
- Where our website permits you to upload and distribute data licensed to you by a third party, then you may only do this
- Where you (and your recipients) have been granted the necessary rights by the third party.
- Where our website permits you to upload and distribute your data, you may do so in the manner permitted by the ordinary operation of our website.
- You shall not download or copy any data from our website other than data which is available for download by the ordinary operation of the tools on our website;
- You shall not distribute to third parties any of the data available from our website other than where expressly permitted by this agreement
- You shall not use our data (or the data licensed to us by third parties) to create any derivative work;
- You shall not permit anyone other than the permitted users within your organization to use the logins for our website;
- You shall not provide any third party with access to our website;
- You shall not attempt to disrupt our website or the computer systems used to make our website available;
- You shall not attempt to access our computer systems or those of our suppliers, other than as part of your permitted use of our website.
6. Uploaded Data: Where you upload to our website your data or data licensed to you by a third party, we shall not use this data for our purposes nor make it available to any third party.
7. Tracking: We may collect information about your use of our website. We may use this information for one or both of the following purposes:
- to inform fund managers and similar third parties of your usage;
- to improve the services which we provide through our website.
8. Logins: You shall keep all the logins of your staff secure and shall notify us immediately where they become known to anyone else of the followings:
· We may terminate a login without notice, where we reasonably believe that it has been compromised
or is not being used in compliance with this agreement.
· We may also suspend all your logins where we reasonably believe that you have breached this
agreement. We may continue any suspension until the breach has been remedied to
· If you are using our website on a free trial, we may terminate one or more of your logins (including all your logins) without notice.
9. No Investment Advice: You acknowledge that our website provides information but not investment advice.
10. Reliance: You acknowledge that the information contained on our website does not provide a sufficient basis for making a fully informed
11. Non-Solicitation: Nothing on our website is to be
construed as an offering or an invitation to make an offer to subscribe for a particular investment.
12. Accuracy: You acknowledge that third parties provide the data on our website and neither BlueOnion nor its associate companies are responsible for the accuracy or completeness of this data.
13. Availability: We shall use reasonable endeavors to
keep our website available to you. But you acknowledge that you are not relying on our website to be available at all times nor at any particular time.
14. Data Storage: Although you may store data on our website for your convenience, you acknowledge your responsibility for retaining a backup copy of this data on your systems. We may impose a data storage limit by giving you seven days' notice of this limit.
15. Viruses and Malware: You acknowledge your responsibility to maintain appropriate technical and organizational measures to protect your IT systems against the risk of viruses or malware from external websites (including our website).
16. Links: Our website may contain links to third-party websites and services. You acknowledge that we are not responsible for the accuracy, reliability, or completeness of the content contained on any third-party website linked to our website.
17. Implied Terms: Any implied term, condition, or warranty is excluded from this agreement, but only where the exclusion is permitted by law.
18. Indemnity: You shall indemnify us for all liabilities which we incur (including reasonable legal costs) as a result of either of the following:
- the data which you upload to our website or which you subsequently distribute infringes the rights of anyone or breaches applicable law;
- the branding you use on the customizable parts of our website or reports generated by our website infringes the rights of anyone.
19. Limitation of Liability: BlueOnion is not responsible for any damages or losses in connection with this agreement (including for breach of this
agreement or a duty of care, or misrepresentation) arising from:
- investment decisions made by you;
- loss of data which you store on our website;
- loss of revenue or profit;
- loss of goodwill or reputation;
- liabilities to third parties;
- your particular circumstances.
- We may terminate this agreement by giving written notice to you where: – you are in breach of this agreement; – you are using our website in a way that causes risk of harm or loss to other users or us.
- You may terminate this agreement where we are in breach of this agreement and have failed to remedy
that breach to your reasonable satisfaction within 14 days of being sent a written notice to do so.
21. Effect of Termination: On termination of this agreement, you shall cease to use our website, and we may cancel all your logins.
22. Publicity: Unless you notify us otherwise in writing, we may identify you as a user of our website, including by use of your logo in sales
presentations, marketing material, and press releases.
23. Assignment: Any assignment of this agreement (including any rights or obligations under this agreement) will be void unless made with the other party's written consent.
24. Applicable Law: The Hong Kong Special Administrative Region's (HKSAR) law shall apply to this agreement. The courts of HKSAR have exclusive jurisdiction to settle any dispute or claim connected with this agreement.