Welcome to buy/free to use WikiFX software products, we will be happy to provide you with more comprehensive and better service. This agreement applies to all software products sold by the company. Please read the terms of this agreement carefully before you purchase. By clicking the “I agree to the agreement” button during the purchase process, you agree that you have reached an agreement with the company and that you understand and fully accept all the terms of this agreement.
Ⅰ.Improvement and amendmentof agreement
According to the development of the Internet and the relevant laws and regulations of the People's Republic of China, the company will continuously improve the service quality, and amend the terms of agreement accordingly. The users confirm that the company does not need to notify them one by one about the modification of the provisions of agreement. As for the users who continue to use the company's software products, it is deemed that they accept the amended terms of the agreement, and the rights and obligations between the user and the company are subject to the latest amended agreement.
Ⅱ.Registration information and privacy protection
1. The users obtain the right to use the account after completing the registration application, and the company enjoys the ownership of it. In line with timely, detailed and accurate requirements, the Users should provide the personal information promptly, detailedly and accurately, and update the registration information constantly. Therefore, the company is not responsible for any problems caused by untrue registration information and for the consequences of them.
2. The users should not transfer or lend their account ID and password to others. The user who finds that her or his account ID being illegally used by others should contact the company immediately. The company is not responsible for the illegal use of account ID and password due to hacking or negligence of the users.
3.The users must provide complete and accurate registration information when they inquire the password from the company for it is forgot, lost or stolen. Or the company will not offer the related information according to the principle of confidentiality.
4. The username and password can only be used by the users, and they can‘t be used by others in any form through transferring and authorizing. If the same account and password are found to be used by multiple people at the same time, the company has the right to cancel the user’s qualification of this account, and will not pay any compensations or not refund any service fees the users paid.
5. The company should not disclose or offer the user's registration information to a third parties unless:
a. Obtain the explicit authorization of the user in advance;
b. The products and services requested by the users can be provided only if they show the personal information ;
c. In accordance with relevant laws and regulations;
d. In accordance with the requirements of the relevant government authorities.
Ⅲ. Servicesand term of validity
1. The users pay for the software product services. According to the user's needs, the company provides product services, covering one-time authorization and upgrading services like software activation, professional data, proprietary models, proprietary analysis methods, and technical and customer support, and market offering.
2. Term of validity: Starting from the date of the software account activation.
Ⅳ. Service feeand renewals
1. Software product and service fee is charged in accordance with the price and preferential policies announced on the purchase date.
2. If the users intend to continue accepting the services of the company in accordance with the terms in this agreement after the expiration of agreement, they shall pay for the service within 15 working days before the expiration so that the validity period of this agreement will be automatically extended.
3. The validity period extending of this agreement is not limited. If the company's service fee changed during the extension period, it shall be charged according to the new standard by two parties after the expiration period.
V. Usersrights and obligations
Usersrights
1. The users have the right to use software products by logging in to a terminal, enjoy the right to obtain financial information, market data and other services through software products.
2. The users have the right to request the company to provide operational technical training and instructions for the software products by means of telephone.
3. The users have the right to request the company to provide software product services and upgrading services promptly in accordance with this contract.
4. If the users find any operation failure or other problem of abnormal use during the service, they can call the company for guidance and help until the problem is properly solved.
5. The users shall pay for the service in time according to the time and amount in agreement. They can pay for the service through home payment, online transfer, postal remittance or other valid payment methods; home payment is only available for the payment to the company's financial staff with legal certificate. Except for the cases above, the company does not have other methods to receive money. And it is prohibited for the company to charge the service fee in the name of the individual. So it has noting to do with the company if the users pay by bank account in the name of individual or other account or pay the companys non-financial staff.
6. After the termination of this agreement, the users no longer enjoy the charging service in the contract provided by the company, but can continue enjoying the free software product service provided by the company.
Usersobligations
1. The users download the software products through the formal channel and set the account and password by themselves. They should properly protect the account ID and password, and must not disclose, transfer or lend the account or password to others. If the account or password can‘t be used improperly or is illegally used by others due to the user's negligence, the loss shall be borne by the users. At the same time, the users should promptly notify the company and take effective measures to avoid further loss. If the account password is lost, the users should provide the company with a signed ID card/payment receipt and other hard copy of relevant materials. After the company verifies the identity, the users can reset the initial password, and the user should modify it in time. If the above proof materials can’t be provided due to user reasons, the users bear the relevant responsibilities.
2. The users provide the necessary site for software product installation and operation, software and hardware (including computer and operating system), power supply, Internet access, and related resources to ensure the normal operation and installation of the software.
3. The users shall respect the copyright and other intellectual property rights of the company's software products. Without the written permission of the company, the user shall not copy, modify, issue, rent, lend, translate or disseminate the software products, and shall not disassemble or decompile, and those who violates this term seriously shall bear legal responsibility.
4. The users guarantee that the software product service is limited to the individual use (or company use ), and they shall not change the use of the product. If the users want to quote relevant information of the product, they shall fully quote the product information with the permission of the company, marking the source of the information and the words,“No reprint without the permission of WikiFX”.
5. During the validity term of contract, the users promise not to engage in businesses directly or indirectly which have competitive relation with the company, and not offer the company's products to a third party for research, modification, reproduction, development of derivative products or other means in any way. And they also doesn‘t have the facts and actions that result in infringement on a third party or the company's potential rights due to user’s behavior. If the user violates this agreement, the company has the right to immediately stop providing the service, and accuse the user of corresponding breach of contract liability, and the user's payment will not be returned.
Ⅵ. Companysrights and obligations
Companysrights
1. The software products and services under this agreement are designed and developed by the company, and all intellectual property rights related to copyrights, trademarks, patents, trade secrets, etc., and all information provided by the company for users through software products (including but not limited to the information, icons, graphics, colors, interface design, layout framework, data, market, etc.) are all owned by the company or authorized by the right holder.
2. The company has the right to require the user to pay for the service in full according to the contract. The company shall provide the software product service for the users promptly after receiving the service fee.
3. The company can send various product information to users through software, email, SMS or other means with the permission of the users.
Companysobligations
1. The company provides software product services for users after receiving the service fee in accordance with contract.
2. The company is responsible for providing the users with the standard WikiFX information services, including market information, macro data, industry data, and news information.
3. The company provides the users with operational training and instructions for software products. When the users encounter technical problems related to the company's products, the company should respond quickly, and help the users solve the problem promptly by telephone, remote direct operation and maintenance, etc.
4. During the validity term of the contract, the company provides the users with software product upgrading and maintenance services promptly.
Ⅶ.Disclaimer
1. During the service period, the company has the right to update, add or delete the services of the software product at any time according to the needs of the business activities, without the need for further notice or the permission of the users.
2. The company endeavors to provide the users with a variety of information services, but the relevant information is used for the user‘s reference only, and not used as the basis for making decision by the users, their customers or any third-party investors who have access to the information. The company isn’t responsible for any risks, profits or losses caused by the investment of the persons mentioned above on the base of company's information.
3. Under any circumstance, any verbal and written commitments from the company, its agents and staff shall not be deemed as the company's commitments/suggestions to the users or any third party who has access to the information for specific operations and investment income. So the users and third party mentioned above shall bear the risk themselves accordingly. The company shall not be responsible for any risks, profits or losses caused by the investment of the users and third party mentioned above based on the company's information and any verbal and written commitments from the company's agents and staff.
4. The company endeavors to provide the information completely, promptly and accurately to ensure the high-quality transmission of information. Since information transmission and transaction procedures may be influenced by the force majeure factors like the failure of system, satellite transmission line, communication line, and network, and abnormal information source, hacker attack , virus intrusion, power interruption or failure, deliberate destruction of others, technical development restrictions, changes in laws and regulations, government bans, regulatory requirements, etc., the company isnt responsible for the consequences of abnormal information transmission or information anomaly including data interruption, delay, loss, error, omission due to the factors mentioned above, and also not responsible for the profits or losses and other circumstances caused by the abnormal transaction.
Ⅷ.Confidentiality
1. The two parties shall not disclose any confidential information to a third party, and with at least the same care and safeguards as are applied to traders own proprietary information, either party shall keep confidential the trade secrets or proprietary information. The parties shall not copy, disclose or use such confidential information or data to any third party without the prior written consent of the other side.
2. The confidentiality obligation will not be waived after the termination, expiration, amend or revoke of the agreement.
Ⅸ. Liability
1. Any failure to fulfill any item under any provision of this agreement by either Party is regarded as breach of contract, the defaulting party shall take their own adverse consequences.
2. Either party shall correct the default behavior and give reply in writing within twenty days upon receipt the written notification from another party, otherwise if the defaulting party disagree with this issue, they shall file a writer objection or explanation within twenty days, meanwhile, the 2 parties could resolve such dispute through consultations, if still disagree about this issue, then shall execute the agreement which the Article Ten Dispute Resolution.
Ⅹ.Dispute Resolution
Either Party shall pay compensation for the losses caused by its breach of contract to the other Party. Both Parties shall negotiate any dispute occurred
in terms of this agreement or its performance in a friendly manner; in case where no settlement can be reached through negotiation，either party could choose the way of dispute resolution, as below,
a. Submit to the Singapore International Arbitration Centre for arbitration in accordance with the arbitration rules in force at the time of the application for arbitration. The outcome of the arbitration is final and legally binding on both parties;
b. File a lawsuit in the court with jurisdiction in the defendant's location.
2. When any dispute occurs and is the subject of friendly consultations or arbitration, the Parties shall continue to exercise their remaining respective rights and fulfil their remaining respective obligations under this Contract, except in respect of those matters under dispute.
Ⅺ.Product Risk Hints
1. The user should fully understand the investment risks, all data and information are just for reference only from company, and the user shall not as the investing income, and also shall not as the suggestions for the detailed investing company, type choosing or trade time, meanwhile shall not as the trend of investing or marketing type, even shall not for the feasibility analyze of investing type, forecast or advise, or any other form of the investment advisory, otherwise user still process like that, the risks have to take their own responsibility.
2. The company provide all information and data for user by the software product, and let user could get good experiences and services of the high class professional data and information which though the data analysis system and statistical operation model to disposal data, process information and integrate data analysis,(this data and information services are automatic generation by data model, it cannot be manipulated), in order to give a good rational decision and control risks for user during processing the investment.
Ⅻ. Intellectual Property Rights
The company respect the intellectual property rights and legitimate interest of others. If you think your intellectual property rights or other legitimate interest is infringed, please follow the rules to provide information, as below,
Attention: If it‘s the fake fact, the submitter of the rights notice shall take all legal liabilities (including no limited compensations and lawyer’s fee). If the above personal or firm couldnt confirm the software which get company information from online whether infringement had occurred for them intellectual property rights and legitimate interest, we suggest them try to consult the profession person at first.
In order to effective process the rights notice from the above personal or firm, please use the standard format (including the running No. ), as below,
1. The obligee shall show the intellectual property rights and legitimate interest or the proof of ownership which could process the intellectual property rights and legitimate interest according laws.
2. Please fully and clearly describe the infringed issue of the intellectual property rights and legitimate interest, meanwhile point out the infringed details.
3. Please provide the details of contact information, including name, the copy of ID or passport ( for natural person) , the copy of the company commercial registration certificate( for firm) , address , phone No. , Fax No. and E-mail.
4. Please add this authenticity of the statement to make sure the true content of rights notice, as below,
‘ I personal / company promise, the information of statement is sufficient, true and exact, if the statement is not real, the personal / company will take all legal liabilities. ’
Please sign on the statement. And kindly stamp with official seal if you are the legally established institution or organization.
ⅩⅢ. Other Provisions
As one or both parties had some correlative issues with oral or written earlier, like promises, statements, advises, plans, drafts, agreements, understanding and memos, etc. , If there is any conflict between this agreement and others, it shall follow this agreement. The agreement shall not changed unless under the condition that both parties granted.