Terms & Conditions
UTGL Terms of Use
INTRODUCTION
These Terms of Use (“Terms”) govern your access to and use of this website (“Website”) which is owned, administered and maintained by UTGL.
The terms "we", "us" and "our" also refer to UTGL. The term "you" refers to the person visiting the Website.
Please read these Terms carefully. They contain important information regarding your legal rights, including limitations on UTGL's and certain third parties' liability, disclaimers of warranties and a submission to jurisdiction.
Each time you access the Website by any means, you irrevocably agree to comply with the version of the Terms posted on the Website at the time you access the Website. You may not use the Website if you do not agree to these Terms.
We may revise these Terms from time to time, without prior notice. You are bound by any changes to these Terms upon our posting of such changes on the Website. You should check these Terms every time you access or use the Website to make certain that you are aware of the most updated Terms.
ADVERTISING RIGHTS
We reserve the right to sell and display any advertising, attribution, links, promotional and distribution rights.
We will be entitled to retain all revenue generated from any sales of such advertising, attribution, links, or promotional or distribution rights.
Nothing in these Terms obligates or may be deemed to obligate us to sell or offer to sell any advertising, promotion, or distribution rights.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The content on the Website is strictly for informational purposes only.
Nothing on or in the Website shall constitute or be construed as an offering of any currency, security or any financial instrument or as investment advice or investment recommendations (such as recommendations as to whether to purchase a currency, security or instrument) by UTGL or a recommendation as to an investment strategy by UTGL.
Content on the Website should not be considered as information sufficient upon which to base an investment strategy.
No content on the Website is tailored to the specific needs of any individual, entity or group of individuals.
UTGL expresses no opinion as to the future or expected value of any currency, security or other interest.
UTGL does not explicitly or implicitly recommend or suggest any investment strategy of any kind.
Content on the Website may not be used as a basis for any financial product or other product without the express prior written consent of UTGL.
UTGL does not review the content on the Website for accuracy, completeness or reliability.
UTGL does not warrant or guarantee the accuracy, completeness, reliability, timeliness, security, availability or integrity of any content published on the Website.
UTGL disclaims all liabilities for any errors or other inaccuracies relating to the content on the Website.
UTGL makes no representations about any content of the Website, or that the content of the Website will be uninterrupted or operated in combination with any software, service, system or other data or information. The content on the Website are provided on an "as is" basis without warranty of any kind.
UTGL disclaims all warranties and conditions that the Website is free of viruses or other harmful components.
UTGL hereby disclaims all warranties and conditions with regard to the content on the Website, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, UTGL assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of any content on the Website; (ii) property damage, of any nature whatsoever, resulting from your access to or use of the Website; (iii) any unauthorised access to or use of the Website; (iv) any interruption or cessation of transmission to or from your access to the Website; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the use or access of the Website by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available on the Website; and/or (vii) the defamatory, offensive, or illegal conduct of any third party.
In no event shall UTGL (and its respective officers, directors, employees, members, agents, and affiliates) be liable for any indirect, punitive, incidental, special, or consequential damages or damages for lost profits, arising out of, or in any way connected with, your access to or use of the Website or with the delay or inability to access, display, or use the Website; any computer viruses, information, software, linked services, products, and services obtained through the use or access of the Website; or otherwise arising out of the access to or use of the Website whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if UTGL has been advised of the possibility of such damages.
INDEMNIFICATION
Except to the extent prohibited under applicable law, you shall indemnify, defend and hold harmless UTGL and its members, managers, directors, officers, employees, partners, consultants, contractors, service providers, agents, affiliates, successors and assigns from and against any and all suits, actions, proceedings and claims by third parties (whether threatened or actual), and all losses, liabilities, damages, judgments, costs and expenses (including reasonable legal fees) arising out of, relating to or in connection with: (i) your use (or misuse) of and access to the Website; (ii) your violation of any of these Terms; (iii) your violation of any applicable law, rule or regulation arising out of your access or use of the Website; (d) any claim that any information provided by you to UTGL in connection with the Website caused damage to, infringed upon, misappropriated or otherwise violated the rights of any third party, including infringement, misappropriation or other violation of third-party intellectual property rights, or violation of any right of privacy or publicity; and/or (iv) any dispute that you have with any third party relating to or in connection with the Website.
UTGL reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with UTGL in asserting any available defenses and in the conduct of such defense.
THIRD PARTY WEBSITES
The Website may contain links to third-party websites. Your use of all links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites.
To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party websites does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party websites.
When you leave the Website, whether via a link contained on the Website or through the use of your web browser, mobile device or other navigational tool, the information you view is not provided by us.
These Terms do not govern your use of third-party websites. We are not responsible for, have no control over and do not monitor or review the content of any other website.
A link to a third-party website does not imply sponsorship, approval, affiliation or endorsement by UTGL of the linked third-party website or of that third party's products or services.
You agree that UTGL will not, under any circumstances, be responsible or liable, directly or indirectly, for any goods, services, information, resources and/or content available on or through any third-party website or services, for any dealings or communications you may have with third parties, or for any harm, damages or loss caused or alleged to be caused by or in connection with any of the foregoing or your use of or reliance on the materials or the content or business practices of any third party.
MODIFICATION OF THE WEBSITE
At any time and in UTGL’s sole and absolute discretion, UTGL may (in whole or in part) modify, suspend or discontinue the Website without prior notice, for any reason whatsoever.
We shall have no liability to you or to any third party for any such modification, suspension or discontinuance of the Website.
ENFORCEMENT
The remedies available to UTGL in these Terms are cumulative and in addition to any others available to UTGL.
UTGL may seek all remedies available to it at law and in equity for any violation of these Terms.
UTGL may suspend, terminate or block your access to the Website (in whole or in part) for any violation or suspected violation as we determine, without notice to you.
Your violation of these Terms shall be considered a breach of contract.
We reserve the right, but do not assume any obligation, to investigate any suspected violation of these Terms or any misuse of the Website.
In addition, we further reserve the right to report any activity, data or persons to, and otherwise cooperate with: (i) law enforcement authorities; (ii) financial regulators; (iii) system administrators at Internet service providers, networks or computing facilities; and (iv) providers and/or third-party vendors if we suspect that you have violated these Terms or any law, rule or regulation.
You acknowledge that such reporting or cooperation may include, without limitation, providing information relating to you and/or your use of the Website, including without limitation your email address, IP address or other identifying information, to law enforcement authorities, financial regulators, third-party providers, vendors or system administrators.
Further, we may disclose any information we think necessary to comply with applicable law, regulation, subpoena or other legal process or governmental or regulatory request.
GOVERNING LAW; SUBMISSION TO JURISDICTION
These Terms and any and all claims, disputes or other legal proceedings by or between you and us, including but not limited to any claims or disputes that are in any way related to or arising out of these Terms or your use of or access to the Website, shall be governed by and construed in accordance with the law of Hong Kong, without regard to any principles of conflicts of law.
You agree that all disputes, controversies or claims between the Parties arising out of or in connection with this Agreement (including its existence, validity or termination) shall be finally resolved by the courts in Hong Kong.
GENERAL
These Terms constitute the entire agreement between you and UTGL relating to your use of the Website and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and UTGL with respect to the Website.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and UTGL and/or its affiliates as a result of these Terms or use of the Website.
In no event shall UTGL be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control.
Our performance under these Terms is subject to existing laws and regulations, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Website or information provided to, or gathered by, us with respect to such use.
If any provision of these Terms, including, but not limited to, the warranty disclaimers and limitations of liability set forth above, is determined to be invalid or unenforceable under applicable law, the invalid or unenforceable provisions in these Terms shall be deemed superseded by valid and enforceable provisions that, to the extent possible, fulfil the business purposes and intent of such invalid and unenforceable provisions.
Unless expressly provided to the contrary in these Terms, a person who is not a party to these Terms has no rights at law and in equity to enforce or enjoy the benefit of any term in these Terms.
All rights not granted herein are expressly reserved to UTGL.
