Terms of Use
Terms of Use
These Terms of Use (the "Agreement") are applicable to the: (i) web pages, (ii) services, (iii) content, (iv) databases and (v) information (collectively referred to as the “Services”) together with the agreements and software provided by FLS Group ("FLS") to which you may have access either by using FLS's website or, upon request, in hard copy. The content and information included in these Services are provided by FLS and its third party suppliers (collectively, the "Information Providers"). These Services are intended for your personal, non-commercial use. These Services are made available by FLS subject to the terms and conditions stated below. For the avoidance of doubt, FLS Group shall include FLS Corporation and/or its holding company and/or its subsidiaries and/or the subsidiaries of its holding company, whether it is incorporated in Malaysia or not.
IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THE SERVICES, YOU ARE INDICATING YOUR CONSENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, FLS IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICES AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.
You agree that FLS may modify this Agreement at any time in its sole discretion and without prior notice to you. Such changes will be posted online and will be effective upon posting. You should review this Agreement periodically to ensure familiarity with its then-current terms and conditions. Your continued use of the Services shall constitute your acceptance of this Agreement and your continued use of the Services following any modification of this Agreement shall constitute your acceptance to the Agreement, as amended. If you do not agree to the changes, you must notify FLS in writing or by telephone of your refusal and discontinue your use of the Services.
By using the above-mentioned Services and the software provided by FLS, you acknowledge and agree that:
USE OF SERVICE AND DOWNLOADING INFORMATION
It is prohibited to use, store, reproduce, display, modify, sell, publish, transmit and distribute, or commercially exploit the Services without prior written permission of FLS and/or any third-party Information Providers.
If you download any information or software from this website, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.
You shall not use the Services for any unlawful or unauthorised purpose.
COPYRIGHT AND TRADEMARK NOTICES
All content, materials and software posted to or used in conjunction with this website or the products and services described herein, including, without limitation, text, graphics, logos, button icons, images, audio clips, and software, are FLS’s property or the property of FLS’s licensors, and are protected by the Intellectual Property Rights laws. For purposes of these terms of use, the term "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, any applications or registrations relating to such rights, and any other intellectual property or proprietary rights recognised in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from this website is permitted without FLS’s express written permission and any other applicable copyright owner. You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from this website, and you may not resell any of the products or services (or any part thereof) described herein. All rights not expressly granted hereunder are expressly reserved to FLS and FLS’s licensors, and FLS reserves the right to remove or disable access to any content or other materials that violate or allegedly infringe on a party's copyright or other Intellectual Property Rights. If you believe your rights under applicable copyright laws are being infringed, you may notify FLS as provided in the next section.
This website includes FLS and its third party Information Providers' registered and common law trademarks. The "look and feel" of this website, including without limitation its color combinations, button shapes, layout, and all other graphical and navigational elements, is also FLS and/or its third party Information Providers' trademarks and proprietary trade dress. The websites may contain FLS or its third party Information Providers’ other registered and common law trademarks in addition to those listed.
FLS and/or any third-party Information Providers reserve all rights to proprietary information (including, but not limited to, all intellectual property rights such as; patents, trade marks, service marks, copyrights, database rights, topography rights, industrial design, know-how, trade secrets, trade names, logos, designs, symbols, emblems, insignia, slogans, drawings, plans and other identifying materials, in all forms whether or not registered or capable of registration and any other rights relating to intellectual property in accordance with the applicable laws) subsisting in or relating to this website and Services.
Please refer to our statement on Copyrights for more details.
Third Party Intellectual Property Rights
Without limiting the foregoing, you may not, and by using any or all of this website and you agree not to, use this website or the products or services described herein to: (i) transmit material that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit material that infringes on any Intellectual Property Rights of others, or violates the privacy or rights of publicity of others.
NON-SOLICITATION
The Services and the software have been prepared for informational purposes only without regard to any particular user's investment objectives, financial situation, or means, and FLS is not soliciting any action based upon it. This material is not to be construed as a recommendation; or an offer to buy or sell; or the solicitation of an offer to buy or sell any security, financial product, or instrument; or to participate in any particular trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal. Certain transactions, including those involving futures, options, and other complex derivatives, give rise to substantial risk and are not suitable for all investors.
USE OF SERVICES AND RISKS
The use and interpretation of the Services requires skill and judgment, and that you shall at all time exercise your own judgment in the use of the Services. In particular, trading foreign exchange, securities, futures and options is a volatile and complex business that involves risk of loss. The valuation of such instruments may fluctuate, and, as a result, you may incur significant losses. Before you trade, you should consider your financial experience, goals and financial resources and know how much you can afford to lose above and beyond your initial payment. Stock prices can be extremely volatile depending on the economic environments and the nature of the sectors concerned.
The fact that FLS has made the Services available to you constitutes neither a recommendation to enter into a particular transaction nor a representation that any product described on the website is suitable or appropriate for you. Many of the products described in the Services involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a comprehensive disclosure of all risks or a complete discussion of the risks which are mentioned. You should not construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice.
Please refer to our Risk Disclosure Statement for more details.
RISKS OF MARGIN TRADING
If you decide to trade on margin, you should understand that there are risks involved. A sudden drop in the price of an instrument (i.e., foreign exchange, stock, commodity, future or option) could cause you to receive a margin call. In that case, you would be required to deposit additional collateral into your account. If you do not respond in a timely manner, the existing collateral in your account could be sold, or your positions could be liquidated, in order to cover the call, and you would be responsible for any losses to your account. To reduce risk, do not overextend yourself. Maintain account equity well above the minimum margin maintenance and variation requirements, and be aware that those requirements can change at any time.
SUITABILITY OF INVESTMENT
FLS does not provide advice concerning the suitability or value of any particular investment in securities, futures or options or regarding any investment strategy, nor does FLS endorse or recommend products or the securities of companies that manufacture products whose advertisements may be available through FLS’s website.
ORDER CAPACITY
System response times may vary due to a variety of factors, including trading volumes, market conditions, and system performance.
TAX ISSUES
The investment services and products mentioned in the website may often have tax consequences; therefore, it is important to bear in mind that FLS does not provide tax advice. The levels and bases of taxation can change. Your tax affairs are your own responsibility, and you should consult your own attorneys or other tax advisors in order to understand the tax consequences of any products and services mentioned on this website.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
FLS and the Information Providers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
Although the Services provided have been obtained from sources deemed to be reliable, the Services on this website are provided "AS IS" and FLS and/or any third-party Information Providers do not warrant the accuracy of the materials provided herein, either expressly or impliedly, for any particular purpose, and expressly disclaim any warranties of merchantability or fitness for a particular purpose. FLS and/or any third-party Information Providers will not be responsible for any loss or damage that could result from interception by third parties of any information made available to you via this website. Neither FLS and/or any third-party Information Providers nor any of their directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this website, or resulting from the act or omission of any other party involved in making this website or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of the website or these materials, whether or not the circumstances giving rise to such cause may have been within their control or the control of any vendor providing software or services support.
Neither FLS nor any of its third-party Information Providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to this Agreement or resulting from the use or the inability to use the Services, including but not limited to damages for loss of profits, use, data or other intangible damages, even if such party has been advised of the possibility of such damages.
Please refer to our Disclaimer for more details.
THIRD PARTY INFORMATION
The information and opinions on this website provided by third parties have been obtained from sources believed to be reliable, but FLS cannot guarantee its accuracy, completeness, validity and timelines. The information is not intended to be used as the sole basis for investment decisions, nor should it be construed as advice designed to meet the particular needs of an individual investor. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
USE OF LINKS
Should you leave this website via a link contained herein, and view content that is not provided by FLS, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by FLS. FLS is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such website, whether actual, alleged, consequential or punitive. FLS makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content. By creating a link to a third party website, FLS does not endorse or recommend any products or services offered on that website. There are inherent risks in the use of any software and information found in the Internet, and you acknowledge that you understand these risks before using any of these services.
FLS prohibits caching, unauthorised hypertext links to the website and the framing of any information and content including any software programs available on or through the website ("Content"). FLS reserves the right to disable any unauthorised links or frames, and specifically disclaim any responsibility for the Content available on any other internet websites linked to this website. Access to any other Internet websites linked to this website is at the user's own risk.
You should be aware that linked sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions and other provisions that differ from the provisions provided on this website. FLS is not responsible for such provisions, and expressly disclaim any and all liability related to such provisions.
ACCESS TO CERTAIN INFORMATION AND SERVICES
Certain information and services on this website may include materials and information from third parties over which FLS has minimal or no control. FLS therefore cannot, and does not, guarantee, represent or warrant that the content contained in this website is accurate and/or appropriate to you or your business.
TECHNOLOGICAL FAILURES
FLS shall not be liable in any way for any inaccuracy, error or delay in or omission of any information or the transmission or delivery of any information, or for any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, or for any non-performance or interruption of information due to any act or omission, or for any force majeure (i.e. flood, extraordinary weather condition, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure or equipment or software malfunction) or any other cause beyond FLS’s reasonable control.
TRANSMISSION OF PERSONAL DATA
You acknowledge and agree that by providing FLS with any personal or proprietary user information through this website, you consent to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with FLS’s standard business practices. You should be aware that linked sites may contain transmission of personal data provisions that differ from the provisions provided herein. FLS is not responsible for such provisions, and expressly disclaim any and all liability related to such provisions.
VIOLATIONS OF TERMS OF USE
FLS reserves the right to seek all remedies available at law and in equity for violations of these rules and regulations, including the right to block access from a particular internet address to the website. FLS may amend these terms of use by posting the amended terms to this website. By continued access to and use of its website, you agree to any such amendments to the terms of use.
SECURITY
Access to and use of password protected and/or secure areas of this website is restricted to authorised users only. Unauthorised individuals attempting to access these areas of the website may be subject to prosecution.
You are responsible for all statements made and acts or omissions that occur while your user identification name (or "User Name") and passwords are being used. You are responsible for protecting and securing your User Name and password from unauthorised use and disclosure. If you become aware of, or believe there has been, any breach of security for any of your information stored on the FLS’s website, such as the theft or unauthorised use of your User Name, password, or any other information, you will notify FLS immediately.
You may not violate or attempt to violate the security of this website or any of the products or services described herein. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorised to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation. Violations of system or network security may result in civil or criminal liability. FLS reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation which may be transferred to your computer via this website.
Please refer to our statement on Privacy and Security for more details.
TERMINATION
FLS exercise full discretion in modifying or discontinuing any part or whole of the Services, subject to this Agreement at any time without cause or prior notice.
INDIVIDUAL NONCOMMERCIAL USE
You are only authorised to visit, view and to retain a single copy of pages of this website solely for your own individual use and internal business purposes, and you shall not duplicate, download, publish, modify or otherwise distribute or exploit any material on this website for any purpose other than for your own individual, noncommercial use unless otherwise specifically authorised by FLS.
DEEP LINKS
You may not "deep-link" to this website, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of this website for any purpose, unless specifically authorised by FLS to do so.
SPIDERING
The use of any tools, programs, robotic algorithms or products to automatically download or "spider" the website or any of the pages of this website is expressly prohibited and infringes on FLS’s copyrights. Do not use any such tools or products on or in connection with this website or any of the products or services described herein.
FRAMING AND INLINING
You may not frame this website or any page or portion of this website by calling content from within the website to appear to a user as part of a page on another website, whether within a visible frame or inline by framing without a border around the framed content, without FLS’s prior written consent.
FURTHER PROHIBITED ACTS
You agree NOT to use this website for, or in connection with, any of the following activities:
- spoofing or otherwise impersonating any person or entity, including, without limitation, any other users or any of FLS’s personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging any TCP/IP packet header or any part of the header information in any e-mail or other posting;
- any fraudulent or illegal purpose, or any use which violates the accepted norms of the internet community, whether or not expressly mentioned in these terms of use, as well as any activity that could damage FLS’s commercial reputation and goodwill or the commercial reputation and good will of FLS’s vendors and customers, including, without limitation, any regulated insider information;
- E-mailing, uploading, or otherwise transmitting or using this website or the products and services described herein in furtherance of the use or distribution of any unlawful, harmful, harassing, defamatory, tortious, libelous, abusive, threatening, vulgar, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, or any material that is invasive of another's privacy or exploits children, or transmitting any sexually explicit materials, including images and other content;
- transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines, including without limitation, via means of submitting a virus to this website, that are intended to damage, destroy, disrupt, overload, flood, mailbomb or crash or otherwise impair a computer's functionality or the operation of this (or anyone else's) website, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or transmit any materials that otherwise violate FLS’s rules or policies;
- to provide computer time sharing, third party training, virtual or actual hosting or as a service bureau for any third parties; and
- to copy, use, analyze, modify, decompile, disassemble, reverse engineer, translate or convert any software provided to you in connection with use of this website or the products or services described herein or distribute any software or the products or services described herein to any third party.
COMPLIANCE WITH LAWS
You may use this website only for lawful purposes. This website and the products and services described herein are subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use thereof. This obligation includes, without limitation, your agreement to comply with all industry-specific regulations and rules relating to the export of technical and other data from Malaysia, Singapore and from your country if you are not located in Malaysia or Singapore and your agreement not to export or re-export any such data or any other content or materials in violation of such laws, rules or regulations without first obtaining all necessary licenses, consents and approvals therefor, as well as authorisation therefor from FLS.
REGULATORY CONSIDERATIONS
FLS may monitor data as may be necessary to meet federal, state and other regulatory requirements. You shall also permit FLS by any reasonable and appropriate means to verify that you have complied with the terms of this Agreement, and you agree to cooperate fully with any such verification process.
JURISDICTION
Any claims arising from this Agreement will be governed by and construed in accordance with the laws of Malaysia and shall be subject to the exclusive jurisdiction of the Courts of Malaysia.
The information provided on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or that would subject FLS or its affiliates, to any regulation under, or registration requirement within, such jurisdiction or country. Products or services described herein may not be available in all jurisdictions.
MISCELLANEOUS
By agreeing to the Terms of Use of the Services and the software you acknowledge and agree that FLS, in the interest of security, reserves the right to record all telephone conversations, internet conversations including chat, and any meetings between you and FLS.
You furthermore agree that FLS reserves the right to monitor your use of the Services on the website and that the resultant information may be used by FLS for its internal business purposes.
