Terms & Conditions for StoxPlus and Biinform Online Services
Use of this website, Biinform.com, signifies your full agreement to the Conditions of Use. Please read these terms carefully before you use the website. This website, Biinform.com, is owned and operated by FiinGroup JSC, and the contents of the site, including all intellectual property, trademarks, logos, design and text, are the exclusive property of FiinGroup JSC, and are protected, throughout the world, without limitation, pursuant to copyright and trademark laws. No materials from Biinform.com may be modified, copied, downloaded, uploaded, reproduced, repackaged, republished, transmitted, redistributed or resold in any way, either in whole or in any part, without the prior written permission and consent of FiinGroup JSC, which permission and consent, if and as individually granted under specific terms and conditions of use, in no way compromises the copyright, trademark and proprietary rights of FiinGroup JSC, all of which are left intact and unaltered at all times. Use of the materials contained on this website, or any other publication or service owned by FiinGroup JSC, on any other website, is strictly prohibited.
FiinGroup JSC makes no representations or warranties, and accepts no liability of any kind for any loss or damages resulting from the use of this site or any materials contained on it, which are provided 'as is' and 'as available'. FiinGroup JSC makes no representations or warranties that the materials on this site are error-free, or that they are fit for any particular purpose or requirements. Nor does it warrant the mechanical operation of Biinform.com or any of its contents. No statement on this website is to be construed as a recommendation to buy or sell assets, or to provide investment advice. The Client has purchased a non-transferable, non-exclusive, license to access specific FiinGroup JSC Online Services, which will be subject to the following terms and conditions. The 'content' within the database is also referred to in this agreement as 'material', 'intellectual property' 'report' and 'data'. Once your organisation, or a person within it, has had access to any Content subject to these conditions, you are agreeing that your organisation is deemed to be aware of, and consents to, this Agreement.
License Agreement for the Supply of FiinGroup JSC Online Services
AVAILABILITY OF SERVICES
FiinGroup JSC will use reasonable endeavors to ensure that Biinform website will be made available to the Client 24 hours per day. However FiinGroup JSC reserves the right, a) to vary the Normal Service Availability in any way provided it gives the Client 48 hours notice of its intention to do so. b) to suspend the Services temporarily in the event of technical difficulties or other circumstances beyond the reasonable control of FiinGroup JSC. In the event of any such variation or suspension of FiinGroup JSC will use all reasonable endeavors to resume Normal Service Availability as soon as practicable but shall not be liable for any loss, damage or claim caused by such variation or suspension.
AUTHORISED USE OF SERVICES
Access to the Services is restricted to the specific named users as identified to FiinGroup JSC. The client will notify FiinGroup JSC as soon as a user has left the company, or no longer requires access, so that a replacement user can be assigned access during the term of the agreement. The Client also warrants that: it shall ensure that any user name, Password or other identification measure employed to access the Services is not disclosed to any person other than the persons authorised to access the same; and all authorised persons will use the Services only in accordance with this Agreement; and its information technology systems and paper record systems are secure and not capable of penetration (including by 'hacking' or physically) by unauthorised persons and that all data derived from the Services shall be kept secure; and it shall comply with all applicable laws and regulations relating to the activities contemplated under this Agreement.
OWNERSHIP OF INTELLECTUAL PROPERTY
The Client acknowledges that:
Unless otherwise agreed in writing in advance by FiinGroup JSC, the material (in whole or in part) may not be sold, nor passed on, communicated, or disseminated in any form, nor access granted to any third party (including but not limited to clients/potential clients/suppliers/agents/partners in other ventures/accountants/solicitors/bankers/ brokers/licensees). Nor to any subsidiary, associated or holding company (whether direct or indirect) of the client, whether trading or non-trading, or to any entity trading under the same umbrella trading name where the direct equity interest is different in any way to that of the client.
The Client may only use the Services in the course of its own normal day-to-day business. Client may not pass materials to clients and prospects unless done so as part of a presentation or similar, where FiinGroup JSC is referenced as owner of all copyrights and intellectual property, and that passing material to third parties is carried out on an ad-hoc non-systematic basis.
Where the Client effectively copies, or has effectively copied, the intellectual property onto a hard disk, file server or equivalent at its own premises for ease of use, reference or any other reason, it is hereby agreeing to limit access to the nominated users unless otherwise agreed in writing, and upon payment of additional fees to FiinGroup JSC.
Client may distribute copies in paper and/or electronic form of material so long as all copies made are distributed within the immediate organisation of the Client and the Client acknowledges that any distribution to any third party outside of its organisation (including without limitation any subsidiary, associated or holding company of the Client) then it will indemnify FiinGroup JSC against any claim arising from the unauthorised distribution and be liable for a sum equivalent to the loss in sales revenue (at the prevailing copy price per whole report or the rate card price for an annual subscription to the relevant database as published from time to time by FiinGroup JSC) caused by any unauthorised distribution of any part(s) of any report(s).
The Client, (or any subsequent user, whether licensed or unlicensed), will not place financial reliance upon any figure, statement or inference contained within any FiinGroup JSC's report or intellectual property, or invite investment from others, without first obtaining the written consent of FiinGroup's company secretary so to do. In the event that the Client (or any subsequent user, whether licensed or unlicensed) does not follow this procedure, it (or any subsequent user, whether licensed or unlicensed) agrees to fully and effectually indemnify FiinGroup JSC against any claims, howsoever arising.
The Client can make payment via three methods provided on biinform.com including PayPal, SmartLink or Bank Wire Transfer. The prices indicated on biinform.com include all taxes including VAT. It is the Client’s responsibility to ensure that all payment details provided are correct and complete. We are not responsible for supplying Services if the details submitted are incorrect or incomplete. No payment will be deemed to have been made until we have cleared funds and we may choose not provide Services until we receive payment in full. If we are unable to accept your request for Services for any reason then we will, at our option, either not debit your payment card or refund any money paid by you in respect of that request.
LIMITATION ON LIABILITY
FiinGroup JSC will use all reasonable efforts to ensure that the Services and any software relating thereto provided by FiinGroup JSC will perform in accordance with any FiinGroup JSC user guide that is available. In the event of an established failure of the Services, FiinGroup JSC's obligation shall be limited to using its reasonable efforts to remedy any deficiencies in the relevant Services, or at its option, to cancelling, crediting or refunding all charges due from the Client in respect of any period for which the Services have failed to perform correctly. The obligation to correct defects or cancel, credit or refund a proportionate part of the charges described above shall constitute the full extent of FiinGroup JSC's liability in respect of any loss or damage sustained by the Client whether caused by breach of this Agreement, misrepresentation, negligence of FiinGroup JSC (or its employees or agents) or from any other cause, and in particular, FiinGroup JSC shall not be liable for any consequential, economic or other direct or indirect loss (including but not limited to any damages payable to a third party, loss of profits or wasted resources) suffered by the Client, provided that if for any reason this provision is invalid or unenforceable, the maximum aggregate liability of FiinGroup JSC shall not exceed the total annual charges payable by the Client for the Services. The foregoing exclusions and limitations of liability shall not apply in the case of death or personal injury.
FiinGroup JSC retains the rights to claim the Engagement Party as a client of FiinGroup JSC immediately upon delivery of the Report. This may include naming the Engagement Party and using the Engagement Party’s logo on FiinGroup JSC’ websites.
The Client undertakes to keep confidential and not to disclose to any third party or to use itself, any confidential or secret information in any form directly or indirectly belonging or relating to FiinGroup JSC, its or their business affairs, disclosed by FiinGroup JSC or received by the Client pursuant to or in the course of this Agreement ('Confidential Information').
The Client undertakes to disclose Confidential Information of FiinGroup JSC only to those of its officers, employees, agents and contractors to whom and to the extent to which disclosure is necessary for the purposes contemplated under this Agreement.
The above obligations of confidentiality and non-use shall not apply to information or material:
which is named by the Client prior to receipt from FiinGroup JSC as evidence by documents in the possession of the Client at the time of disclosure;
which, after receipt from FiinGroup JSC, is disclosed to the Client by a third party having the legal right to do so;
- which is available to the public at the time of receipt of FiinGroup JSC; or
which becomes available to the public after receipt from FiinGroup JSC through no fault of the Client.
LAW GOVERNING THE TERMS
This Agreement shall be governed and construed in accordance with Vietnamese laws without regard to its conflicts of laws principles. Should any provision of this Agreement be deemed unenforceable, such determination shall not affect the validity and enforceability of the balance of this Agreement. No waiver by either party of any of its rights hereunder shall operate as a continuing waiver or as a waiver of any other breach, unless specifically so provided, and all waivers must be in writing and signed by the party claimed to be bound to be effective. This Agreement constitutes the entire agreement among the parties and it supersedes and replaces all prior negotiations, proposed agreements and agreements, written or oral, with respect to the subject matter hereof. This Agreement may not be amended or otherwise altered except in a writing signed by both parties hereto.
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