DORICH

[DORICH PLATFORM] TERMS AND CONDITIONS

  1. General

    1. In these terms and conditions and the Special Conditions (as defined below) (collectively referred to as the "[DoRich Platform] Terms and Conditions"), "[DoRich's]" or "we" or "us" means [DoRich Limited] and their subsidiaries and the "customer" or "you" means any person, firm, company or body which places an order with us. Please read these [DoRich Platform] Terms and Conditions carefully before using the website or our mobile app (as the case may be) (collectively "[DoRich Platform]"). By using [DoRich Platform] or any part of it, you agree that you have read these [DoRich Platform] Terms and Conditions and that you accept and agree to be bound by them.

    2. We shall endeavour to ensure that information of services at [DoRich Platform] are up-to-date. Information is subject to change without prior notice and all orders are subject to our acceptance at our sole discretion and service availability.

    3. We shall endeavour to ensure service(s) displayed at [DoRich Platform] are available. If from time to time any service become unavailable, we reserve the right to offer alternative service(s) of similar value and nature.

    4. All service usage is subject to confirmation of final availability and we reserve the right to decline any order in the event that any of the services requested are unavailable.

  2. Registration

    1. You are required to register as a user before placing any order through [DoRich Platform].

    2. During the registration, you are deemed to acknowledge:

      • You must provide us with accurate, complete and up-to-date registration information;
      • You must safeguard your username and password;
      • You authorise us to assume that any person using [DoRich Platform] with your username and password is you; and
      • We have the absolute discretion to refuse registration of a potential customer and to terminate the registration of any customer for any reason.

    3. Please inform us via our website/by email/by phone immediately of any changes to the information that you provided so that we can provide you with updated information.

  3. Privacy protection

    1. We are committed to safeguarding the privacy of individuals with respect to personal data.

    2. We therefore make sure that our policies and practices in relation to the collection, use, retention, transfer and access of personal data comply with the requirements of the Personal Data (Privacy) Ordinance (Chapter 486) under the laws of Hong Kong. Please refer to our Privacy Policy Statement.

    3. You agree to the use of cookies to track and record service usage made by you at [DoRich Platform]. It is your responsibility to ensure that the security settings in your Internet browser allow the use of cookies.

    4. All personal data collected is managed and used in accordance with our Privacy Policy Statement. Our Privacy Policy Statement may be revised by us from time to time and the updated version will be posted on [DoRich Platform]. Any revised version of our Privacy Policy Statement shall be effective from the date of publication on the [DoRich Platform]. Users are responsible for keeping us up to date on your correct communication/postal address. We are not responsible for any loss as a result of a User's failure to notify of a change in address. Failure by Users to provide up-to-date information may result in us being unable to offer [DoRich Platform] and associated services to you.

    5. Users will be issued with a confidential password. User must ensure that this number is not disclosed to any unauthorised parties. We shall not be held liable for the consequences of any unauthorised disclosure of the password by Users or unauthorised use of the password. You have a duty to notify us immediately of you becoming aware of any loss, theft or unauthorised use of your identification.

  4. Payment

    1. [DoRich Platform] accepts payment by designated credit cards, debit cards or other designated electronic means as specified by us. All service prices listed are in Hong Kong dollars.

    2. Acceptance of service usage is subject to our sole discretion.

  5. Others

    1. Certain service may be provided on behalf of other third parties. We are neither the provider of such service and excludes all liability in respect of the quality or fitness for such service. In particular, we do not warrant that any such service will be provided with reasonable care and skill. We are not responsible or liable in any way for any damages resulted from any such service. Users are advised to contact the relevant service providers directly should there be any query concerning the service.

    2. The sole liability of us in respect of any defect in or failure of any services at [DoRich Platform] or for any loss, injury or damage attributable, directly or indirectly, is limited to three (3) months from service usage and to making good the defect or failure by (at our discretion) replacing the service with alternative service of similar value and nature.

    3. All information and data displayed at [DoRich Platform] by us is offered for informational purposes only, and is binding only to the extent as stated in the [DoRich Platform] Terms and Conditions.

    4. Basis of provision of service: If we have grounds to believe that you are not using our service as an end user, we reserve the right to decline or cancel your service usage.

    5. You shall not assign, transfer or otherwise any of your rights and obligations under these [DoRich Platform] Terms and Conditions to any other third party without our prior written consent.

    6. If any provision of these [DoRich Platform] Terms and Conditions shall be construed to be illegal or invalid, they shall be removed from these terms and it shall not affect the legality, validity and enforceability of the other provisions of these [DoRich Platform] Terms and Conditions.

    7. These [DoRich Platform] Terms and Conditions embody the entire agreement between the parties and they supersede all previous negotiations, representations and agreement between the parties.

    8. We have the right, at any time, or from time to time, by giving prior notice to you, to modify or vary or supplement all or any of the provisions under these [DoRich Platform] Terms and Conditions. Any continuous use of [DoRich Platform] will be deemed as acceptance of any modification, variation and supplement.

    9. If any dispute in relation to any service price or financial display, calculation and records arises, our determination shall be final and binding on you. Where these [DoRich Platform] Terms and Conditions are available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.

    10. Except as provided herein, the rights, powers, remedies and privileges of either party under the [DoRich Platform] Terms and Conditions are cumulative and not exclusive of any other rights, powers, remedies and privileges provided by law or otherwise.

    11. You confirm that you have read and understood the [DoRich Platform] Terms and Conditions, and that you agree to be bound by the [DoRich Platform] Terms and Conditions. You hereby acknowledge and accept that it is your responsibility to seek independent advice from your own advisers on the [DoRich Platform] Terms and Conditions as you consider appropriate.

    12. By signing up to and opening the account at [DoRich Platform], you have affirmed that you are at least 18 years old, have the legal capacity to enter into agreement with us and agree to be legally bound by the [DoRich Platform] Terms and Conditions in their entirety.

    13. Your electronic assent or use of [DoRich Platform] and its related services shall constitute execution of the agreement with us in accordance with the [DoRich Platform] Terms and Conditions. You agree that the electronic text of the agreement constitutes a “writing” and your assent to the [DoRich Platform] Terms and Conditions constitutes a “signing” for all purposes.

    14. You agree that you will not allow any persons to access or use your account. You warrant and agree that you are the beneficial owner and/or authorised representative of an account holder. You hereby authorise us or our third-party service provider, to take any measures that we consider necessary to verify and authenticate your identity and/or to take any action to this effect that we deem necessary.

    15. You agree that we have the right to terminate any account at [DoRich Platform] at any time and for any reason.

    16. You agree that the information contained in the account at [DoRich Platform] is only for you and that you will not cause others to access or rely upon it (unless otherwise prescribed by law) without our prior written consent.

    17. [DoRich Platform] is our proprietary platform, which is protected by copyright and other intellectual property laws. You agree not to modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from, or store source code or similar proprietary or confidential data or other similar information provided via [DoRich Platform], without our express prior written consent. You must not use [DoRich Platform] for any unlawful purpose.

    18. We hereby grant you a non-assignable and non-exclusive, non-perpetual, personal, worldwide, royalty-free license to use [DoRich Platform], and to access the market data and other informational content through [DoRich Platform] in accordance with the [DoRich Platform] Terms and Conditions. All other uses are prohibited.

    19. Our logo (whether registered or unregistered) (the “Company Marks”) are proprietary marks owned by us and protected by applicable trademark laws. Nothing contained herein should be construed as granting any license to or right to use any of the Company’s Marks displayed here without our express written consent. Any unauthorised use of the Company Marks is strictly prohibited.

    20. You must not use any of the Company Marks in connection with the creation, issuance, sale, offer for sale, trading, distribution, solicitation, marketing, or promotion of any products, including where the information shown in the [DoRich Platform] is based on, derived from, or related to the market data of [DoRich Platform] or any portion thereof, without a separate written agreement with us.

    21. You agree that part of or all of the [DoRich Platform] may be periodically unavailable during scheduled maintenance or unscheduled downtime (collectively, “Downtime”). You agree that we are not liable or responsible to you for any services suspension, inconvenience or damage suffered by you as a result of Downtime. Following Downtime, when services resume, you understand that information shown in the [DoRich Platform] may differ significantly from the information prior to such Downtime.

    22. You acknowledge that all information and data posted on [DoRich Platform] or otherwise made available on or through the Internet are for reference only and shall not in any circumstances be binding or intended for trading or any other purposes. The word “information” shall mean all kinds of information including messages, news, quotes, report, computer programs, software, images, illustrations, presentation, opinion, configuration, text, materials of similar nature and other materials as designated by us.

    23. You acknowledge that internet is, due to technical limitation, an inherently unreliable medium of communication. As a result of such unreliability, there may be delays in the transmission and receipt of your orders and other information and that this may result in delays in the execution of your orders. Moreover, communications and personal data may be accessed by unauthorized third party; and there are risks of hacking or errors in any communication and that such risks shall be borne by you.

    24. The [DoRich Platform] Terms and Conditions and any agreement between you and us shall be governed by and construed in accordance with the Laws of Hong Kong. Any dispute, controversy, difference or claim arising out of or relating to the [DoRich Platform] Terms and Conditions and any agreement between you and us, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (the “HKIAC”) under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration agreement shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be three. Each Party shall nominate one arbitrator and the HKIAC shall appoint the presiding arbitrator of the arbitral tribunal. The arbitration proceedings shall be conducted in Chinese.

    SPECIAL CONDITIONS FOR [DORICH PLATFORM] (“SPECIAL CONDITIONS”)

    These Special Conditions are supplemental to the above terms and conditions for [DoRich Platform] and are applicable to any orders placed under [DoRich Platform]. Should there be any inconsistency between these Special Conditions and the above terms and conditions, these Special Conditions shall prevail.

  6. Notification for delivery of service

    1. We may revise the service delivery details and terms at any time without prior notice. Should any disputes arise, our decision shall be final and binding on you.

    2. Delivery of service shall be postponed when the Red or Black Rainstorm Warning or Typhoon Signal No. 8 or above is in force or any other factors beyond our control affect the delivery of service. We will contact you to re-schedule the delivery of service.

    3. In case of any dispute in relation to the manner and time of delivery, our determination shall be final and binding on you.

    4. We may need you to provide further information to verify your identity (such as other personal information under your account profile). If we are not satisfied that the person requesting to use the service is yourself or your authorised representative, we have the right to refuse the provision of service.

    5. Directory of service locations shall be designated by us in the [DoRich Platform] from time to time.

  7. Refund policy

    1. Under normal circumstances, we would not accept any request for cancellation of service and all transactions are non-refundable, non-reversible and non-transferable.

    2. In exceptional case and at our sole discretion, we will refund the amount paid to your credit card / payment account (which takes at least 4-6 weeks from the date that we agree to such refund).

    3. Relevant original or electronic receipt must be produced to us for the request of a service cancellation and refund.

  8. Others

    1. We shall not be obligated to provide any service until we receive full payment for the service.

    2. For any service remaining undelivered for more than 180 days from the date of service order for any reason not caused by us, we shall have the right to cancel such service at our sole discretion without further notice to you. In such event, we shall not be held liable to make any refund or compensation to you. We reserve the right to claim from you any expenses for preparation and commitment of resources for the service.

    3. We shall under no circumstances be held liable for any claim, damages, loss (whether direct or indirect) of revenue, loss of profits or business opportunities or any indirect or consequential loss whatsoever suffered, sustained or incurred by you or by other person in connection with and/or arising (directly or indirectly) out of the provision of service to you.

    4. We consider a service transaction to be clearly erroneous when its service fee is substantially inconsistent with the customary market price at the time of order (each, a “Erroneous Transaction”). In making a determination, we take into account the circumstances at the time of the transaction, the preservation of the integrity of the market, and the maintenance of a fair and orderly marketplace. If we determine a transaction to be the Erroneous Transaction, we have the right at our sole discretion declare it null and void, in whole or in part, even if you do not agree to cancel or modify it.

Last updated on 2023-05-22