Terms and Conditions
A reference to this "Website" is to https://finworld.com.my and any pages thereof including but not limited to the information, text, images, links, sound, graphics and video sequences displayed therein ("Materials").
By registering as a "Member" of this Website, you signify your acceptance to enter into the agreement of membership with us and be bound by the membership terms and conditions set out fully below. If you do not agree to the terms and conditions below, please do not register or access this Website or any pages thereof. We will not grant membership to anyone below the age of 18 years of age.
We, Finworld Sdn Bhd ("Finworld"), strongly suggest that you carefully read through the entire membership terms and conditions, however we have highlighted a few of the more important terms here:
- Whenever you supply us with information about yourself, it must be accurate, complete and current. While we permit the use of pseudonyms, pen names or handles, we discourage members of this Website from adopting false persona, identities or characteristics. We will not hesitate to take swift and strong action, including legal action, against any user if any aspect of impersonation and cheating comes to our knowledge.
- You must take all measures and steps as may be necessary to protect your user identification code and/or password. You must notify us if you become aware of or you reasonably believe that there is any unauthorised use of your user identification code and/or password, or any other breach of security. We expect maximum co-operation from you in all such investigations.
- The services information and data made available on this Website including facts, views, advice, analyses, opinions and recommendations of individuals and organisations are for general information purposes only. It is not intended as investment advice and must not be relied upon as such, we and our third party information providers are not giving or purporting to give or representing or holding ourselves out as giving personalised financial, investment, tax, legal and other professional advice. Any facts, views, advice, analyses, opinions and recommendations expressed or made available by any individual or organisation are those of the respective author(s). We cannot and do not endorse, and cannot be responsible for such facts, views, advice, analyses, opinions and recommendations expressed, or advocate any commercial dealings in any securities, investments or classes of securities or investments nor does the inclusion of a link to other web site(s) or resources imply any form of endorsement by us. You must always seek the relevant professional advice before otherwise making any such financial, legal or commercial decisions. We, our related companies, and our directors, officers, agents, employees or contractors do not (a) give any representation or warranty as to the reliability, accuracy or completeness of any information on this Website; or (b) warrant that any of the functions contained in any information on this Website or your access to this Website will be uninterrupted or error-free.
- We reserve the right, at our discretion, to change, modify, add, or remove part or parts of these terms and conditions at any time and any such change, modification, addition or deletion shall be effective upon its posting at this Website. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED REGISTRATION AS MEMBER AND USE OF THIS WEBSITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
- Definitions and Interpretation
This "Agreement" means these provisions in the Membership Terms and Conditions as from time to time amended, modified or varied.
"Registration Form" means the registration form found at https://finworld.com.my which has to be completed in order to register for the use of the Services.
"Information Providers" or "IP" means the third parties providing the data and information displayed on this Website or utilised on the Services, including Bursa Malaysia Information Sdn Bhd and Bursa Malaysia Berhad.
"Loss" includes loss, damage, costs, charges and/or expenses of whatsoever nature and howsoever arising whether direct, indirect, joint, several, actual, contingent or otherwise (including legal fees on a full indemnity basis).
"Registration Information" means any and all information provided in the Registration Form.
"Services" means access to data, information, reports, opinions and news in various formats relating to foreign exchange, equity and debt markets, including such data or information provided by Information Providers; such software (as is necessary) to access such information, data and services; registration, login and customisation facilities; and any other additional features for this Website as may be introduced from time to time by Finworld.
"Members" mean persons who have registered with Finworld under these terms pursuant to the Registration Form and who can gain access, view and interact with this Website, and "Member" shall mean any one of them.
"Member's Account" means the facility provided to the registered Member for uniquely identifying that person as a Member of the Website and for so accessing the Services.
The headings to the clauses hereof are for ease of reference only and shall not be taken into account in the interpretation or construction of this Agreement or any clause(s) hereof. In this Agreement, unless the context otherwise requires, words denoting the singular number only shall include the plural and vice versa, reference to any clause is to a clause of this Agreement, and words denoting any one gender shall include any and all other genders. The recitals to this Agreement found at the beginning of this Agreement and labelled as "Important Terms" shall be and form an integral part of this Agreement.
Member warrants that all his personal particulars provided to Finworld pursuant to the Registration Form and from time to time is accurate, complete and current. Finworld will provide Member with a Member's Account, to be accessed by way of the Finworld issued user identification code and a password. All applications for membership shall be subject to the approval of Finworld which shall be final.
Subject to Finworld's approval of membership and Clauses 2.3 and 2.4, Finworld shall provide to Member the relevant Services subscribed and paid for by Member under the various types of membership offered by Finworld from time to time, but this shall be without prejudice to the right of Finworld, if in its sole discretion it deems appropriate, to vary, discontinue or change any part of the Services at any time, including but not limited to the removal of content on its news service, and the blocking or filtering of data and Materials for whatever reason, without having to give prior notice to the Member. For the avoidance of doubt and without prejudice to the generality of this clause, FINWORLD does not conduct any form of editing, blocking or filtering of data or Materials made available to this Website by Members. HOWEVER FINWORLD EXPECTS ALL MEMBERS TO COMPLY WITH ALL RELEVANT LAWS, AND UPON RECEIVING REASONABLE NOTIFICATION, WILL TAKE IMMEDIATE STEPS TO ENSURE THAT THE LAW AND THE RULES ARE OBSERVED AND COMPLIED WITH INCLUDING THE REMOVAL OF ANY DATA OR MATERIALS MADE AVAILABLE BY MEMBERS TO THIS WEBSITE AND TERMINATION OF ANY MEMBER'S ACCOUNT, IN FINWORLD'S SOLE DISCRETION.
While use of the part or parts of the Services identified by Finworld as being available to "Guest Membership" is currently free, Finworld reserves the right to impose such charges or fees for use of such part or parts of the Services on such terms and conditions as prescribed by Finworld, upon giving notice to the Members.
For Services that are not offered free and require the payment of membership fees and charges, the Member shall upon receiving approval from Finworld of his membership application pay in advance all such membership fees and charges for the relevant Services subscribed for at the applicable rate indicated in the Registration Form or such other rates as may be prescribed by Finworld from time to time before access to the relevant Services are granted. Activation of the relevant Services will be made as soon as is practicable after receipt by Finworld of the membership fees and charges from the Member. If a Member wishes to continue using the Services after expiry of his membership, the Member must pay Finworld the prevailing membership renewal fees and charges. Members will be notified of the prevailing renewal membership fees and charges not less than fourteen (14) days prior to the expiration of the membership. All sums paid to Finworld at any time shall not be refundable even if the Member chooses not to use the Services.
All membership fees and charges are exclusive of taxes and bank charges which may be imposed when Member makes payment to Finworld. All such taxes and bank changes payable shall be borne solely by the Member.
Finworld reserves the right to vary the membership fees and charges described above on such terms and conditions as may be prescribed by Finworld, upon giving notice to the Member.
In the event that a Member does not make payment of any sums due to Finworld within the period(s) stated in any written notice given to a Member, Finworld shall have the right to charge interest on the outstanding amount (at Finworld's usual rate) from the date when such payment is due as so stated in the said written notice until the date of full payment (both before and after judgment) or otherwise terminate the provision of the relevant Services to the Member.
Without prejudice to any of the other provisions of this Agreement and to any other rights and remedies which Finworld may possess, Member shall at all times be liable for and shall indemnify Finworld against all costs and expenses (including legal costs on a full indemnity basis) which Finworld may sustain, incur, suffer or pay in protecting or enforcing any rights under this Agreement (including but not limited to Member's failure to pay fees or charges when due).
- Access and Use
Finworld's only responsibility is to make available the Services on this Website. As such, the Member shall: a) be solely responsible for the set-up, configuration or compatibility of his hardware, equipment and software for access to the Services (including such changes as may be made to the Services by Finworld from time to time) and shall provide at his own expense all facilities or resources necessary for such proper access to the Services including without limitation power points, electricity, conduits, pipes, access, license, or easement; b) comply with the rules of any network through which the Member accesses the Services; and c) be solely responsible for all Materials and information retrieved, stored and transmitted through the Services by him. Finworld shall not be liable for any loss or damage suffered by Member as a result of Member's failure to carry out his obligations as stated in this clause.
As a responsible user of the Services, Member agrees to: a) access the Services only via his Member's Account, by using his issued user identification code and his password; b) take all such measures and steps as may be necessary (including but not limited to changing his password from time to time and choosing non-obvious passwords) to protect his user identification code and/or password and to prevent unauthorised use of his Member's Account and publication of his user identification code or password; c) notify Finworld if Member becomes aware of or reasonably believes that there is any unauthorised use of his Member's Account or any other breach of security, and to co-operate with Finworld in all such investigations; d) comply with all notices, directions or instructions given by Finworld from time to time in respect of the use of the Services; and e) obtain the prior written approval of Finworld if Member reasonably contemplates that using the Services for any activity would or is likely to generate a change in traffic in excess of the Member's normal usage and/or is likely to interfere with the usage of the Services by other Members of this Website.
Member undertakes: a) to comply with and shall not contravene all applicable laws, regulations and directives including, without limitation, the laws of Malaysia, relating to the use of the Services; b) not to use or permit anyone to use the Services for any unlawful purposes, and c) not to allow any person or individual to use the Services or to share the Services with such person or individual.
Member agrees that the Services and the Materials and information appearing on this Website are for directory and informational purposes only.
- Intellectual Property and Limitations on Use
All Materials provided within this Website or pursuant to the Services remains and/or shall be the copyright or intellectual property of either Finworld, its Information Providers or third parties (as the case may be). All Materials posted by a Member on this Website shall be deemed in consideration of the provision of the Services to be assigned to Finworld by virtue of posting herein except for Material belonging to third parties which shall remain the copyright or intellectual property of such third parties.
Member agrees that the Services may only be used for the Member's own and non-commercial use, and not for publication, distribution, transmission, retransmission, redistribution, broadcast, reproduction or circulation to anyone else, and not for posting to forums, newsgroups, mailing lists, electronic bulletin boards, Internet Relay Chats or other websites.
Member may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Materials, information, data, software, products or services obtained from the Services.
Member acquires no rights to the user identification code or password assigned to him by Finworld and Finworld reserves the right to change the same at its sole discretion without being liable to Member for any Loss suffered.
Use of any robot, spider, other automatic device, or manual process to monitor or copy the pages on this Website or the Materials by Member is strictly forbidden.
- Data/Information Handling
As information transmitted through the Internet in general is not confidential, Finworld cannot and shall not guarantee the privacy of Members.
Member acknowledges and agrees that Finworld may from time to time share Member's contact information collected from the Registration Form to advertisers to send Member promotional material and advertisements unless specifically stated otherwise. Demographic and profile data is also collected at this Website. Finworld uses this data to tailor the Member's experience at this Website and showing Members content that Finworld thinks they might be interested in, and displaying the content according to Member's preferences.
Finworld reserves the right to disclose part or all information concerning Member and his use of the Services at such time and in such manner as is permitted or required by law to the relevant authorities.
Member acknowledges and agrees that Finworld may from time to time access his Member's Account and other parts of the Services as necessary to identify, investigate or resolve technical problems or to respond to service complaints. Member acknowledges and agrees that certain technical processing of information is and may be required:
- to send and receive such data;
- to perform planning and scheduling functions;
- to conform to the technical requirements of connecting networks;
- to conform to the technical requirements of the Services; or
- to conform to other similar technical requirements.
Member may terminate his Member's Account with Finworld through the use of the relevant function when he accesses his Member's Account.
However, Member's continued use of any of the Services is deemed to be his continued acceptance of the terms and conditions contained in this Agreement, for such part or parts of the Services, and be bound by them.
Finworld may suspend or even terminate Member's Account and Member's access to all or part of the Services (with no refund of any sums paid) with immediate effect if: a) in the sole opinion of Finworld, Member has breached any of the terms or conditions of this Agreement; b) Member has at any time provided any false or incomplete information to Finworld; c) in the sole discretion of Finworld, Finworld suspects that Member's Account has been accessed in an unauthorised manner or that the security of Member's Account has been compromised in any way; d) in the opinion of Finworld or any regulatory authority, it is illegal or not in the public interest to continue providing the Services to Member for any reason whatsoever; e) Member dies or is declared a bankrupt; or f) in the sole discretion of Finworld, Finworld decides to withdraw or terminate all or part of the Services or this Website.
Finworld also reserves the right to withdraw or terminate all or part of the Services, or even to terminate this Website, in its sole discretion and for its own reasons.
In the event of termination of Member's Account, Member's access to all or part of the Services or this Website for whatever reason, Finworld shall not be liable to any Member or third party for any failure and any consequence arising from such failure to access, use or provide all or part of the Services.
The Services, Materials, information and data made available on this Website including facts, views, advice, analyses, opinions and recommendations of individuals and organisations are provided and made available for general information purposes only. It is not intended as investment advice and must not be relied upon as such, Finworld and its Information Providers are not giving or purporting to give or representing or holding ourselves out as giving personalised financial, investment, tax, legal and other professional advice. Member shall always seek the relevant professional advice before otherwise making any such financial, legal or commercial decisions.
Finworld cannot and do not endorse, and cannot be responsible for, the messages, views, advice, analyses, opinions and recommendations of its Information Providers, Members, any individuals or organisations, or advocate any commercial dealings in any securities, investments or classes of securities or investments nor does the inclusion in the Services of a link to other website(s) or resources imply any form of endorsement by Finworld.
Finworld has no obligation to and does not actively review or edit the messages, views, advice, analyses, opinions and recommendations of Members even if such messages, views, opinions and recommendations are made by Members using the Services. HOWEVER, FINWORLD EXPECTS ALL MEMBERS TO COMPLY WITH ALL RELEVANT LAWS, AS WELL AS THE RULES SET OUT IN CLAUSE 4.4, AND UPON RECEIVING REASONABLE NOTIFICATION, WILL TAKE IMMEDIATE STEPS TO ENSURE THAT THE LAW AND THE RULES ARE OBSERVED AND COMPLIED WITH INCLUDING THE REMOVAL OF ANY INFORMATION OR MATERIALS MADE AVAILABLE BY MEMBERS IN FINWORLD'S SOLE DISCRETION.
While the Materials and information on this Website have been obtained from external third party sources believed to be reliable, none of the data, news, information, reports or opinions nor any of the recommendations (if any) has been customised for any specific person or class of persons.
No such data, news, information, reports or opinions or recommendation provided via the Services or this Website is to be construed as an offer, solicitation or recommendation to any person or class of persons to buy any of the securities or class of securities referred to in the Services or this Website or to use the services of any advertiser herein. Finworld accepts no liability for any Loss arising out of the use of the information or recommendations on this Website.
The information and data available on the Services presented in text, graphics or whatever form, may include inaccuracies or errors and Finworld and its Information Providers reserve the right to periodically make changes to the information or data on the Services.
While periodically updated data feeds (including stock quotes, currency rates or other price or information feeds (if any)) as available from the Services are generally believed to be timely and accurate, Finworld and its IP cannot and do not make any representation or warranty as to its accuracy or completeness.
Due to the inherent hazards of electronic distribution, Member agrees and accepts that the Services may be unavailable from time to time due to required maintenance, telecommunications or electronic or other systems failures or interruptions (whether of Finworld or any third party) or other disruptions. Finworld shall not be liable to Member for any Loss suffered by Member as a result thereof.
IN SO FAR AS PERMITTED BY APPLICABLE LAW AND SUBJECT TO CLAUSE 7.12, FINWORLD, ITS OFFICERS AND EMPLOYEES, ITS INFORMATION PROVIDERS AND AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND OBLIGATIONS OF ANY TYPE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR SATISFACTORY QUALITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY OF CONTINUOUS SERVICES AT ANY PARTICULAR TIME, OR INTEGRITY OF DATA STORED OR TRANSMITTED VIA THE SERVICES OR VIA THIS WEBSITE, ANY REPRESENTATION OF ANY KIND THAT THE SERVICES WILL PERFORMED AT ANY PARTICULAR STANDARD OR BE FREE FROM ANY BUGS, ERRORS OR REMAIN UNAFFECTED BY COMPUTER VIRUSES OR OTHER SIMILAR FEATURES AFFECTING THE PERFORMANCE OF THIS WEBSITE, AND FURTHER DISCLAIM ANY AND ALL LIABILITY FOR NEGLIGENCE AND LACK OF REASONABLE CARE.
FINWORLD SHALL NOT BE LIABLE FOR THE INADVERTENT CORRUPTION, ERASURE OF DATA TRANSMITTED OR RECEIVED OR STORED ON THIS WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO FINWORLD'S RECORDS OR THIS WEBSITE. THIS CLAUSE SHALL APPLY TO ALL CONTENTS ON THIS WEBSITE.
NOTWITHSTANDING ANY OTHER PROVISIONS TO THE CONTRARY, FINWORLD SHALL NOT BE LIABLE FOR ALL OR ANY INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE TO OTHER EQUIPMENT OR PROPERTY OR FOR LOSS OF PROFIT, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS, HOWSOEVER CAUSED ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE USE OR RELIANCE ON BY ANY MEMBER OF THE SERVICES OR OF ANY INFORMATION OR MATERIALS APPEARING ON THIS WEBSITE OR ANY OTHER TRANSACTIONS, SERVICES OFFERED OR CONTEMPLATED BY FINWORLD OR ITS INFORMATION PROVIDERS, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, DEFAULT OR ANY ACTS OF FINWORLD, ITS EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, LOSS OF DATA, INABILITY TO ACCESS THE INTERNET, INABILITY TO TRANSMIT OR RECEIVE INFORMATION CAUSED BY OR RESULTING FROM DELAYS OR INTERRUPTIONS, EVEN IF SHAREINVESTOR.COM HOLDINGS PTE LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT THAT (I) ANY LIMITATION OR PROVISION CONTAINED IN THIS AGREEMENT IS HELD TO BE INVALID FOR ANY REASON; AND/OR (II) FINWORLD BREACHES ANY OF ITS OBLIGATIONS IN THIS AGREEMENT AND FINWORLD BECOMES LIABLE FOR LOSS OR DAMAGE THAT WOULD OTHERWISE HAVE BEEN EXCLUDED HEREUNDER OR EXCLUDABLE UNDER THE GOVERNING LAW AS DEFINED IN CLAUSE 11, SHAREINVESTOR.COM HOLDINGS PTE LTD'S TOTAL LIABILITY TO ANY PARTICULAR MEMBER SHALL BE LIMITED TO THE MEMBERSHIP FEES AND CHARGES PAID BY THAT MEMBER AND RECEIVED BY FINWORLD OR SUCH OTHER APPLICABLE LIMIT ON DAMAGES AS MAY BE FURTHER AND/OR SUBSEQUENTLY AMENDED BY FINWORLD.
THE LIMITATION ON DAMAGES SPECIFIED IN CLAUSE 7.12 ABOVE APPLIES TO LOSS AND DAMAGES OF ALL TYPES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES INCURRED BY MEMBER THAT ARE CAUSED BY RELIANCE ON OR USE OF THE SERVICES OR THIS WEBSITE. THIS LIMITATION ON DAMAGES APPLIES AS WELL TO LIABILITY UNDER CONTRACT, TORT AND ANY OTHER FORM OF LIABILITY CLAIM. THE LIMITATION ON DAMAGES SHALL BE THE SAME REGARDLESS OF THE NUMBER OF TRANSACTIONS OR CLAIMS RELATED TO ANY ONE PARTICULAR MEMBER. IN THE EVENT THAT THIS LIMITATION ON DAMAGES IS EXCEEDED, THE AVAILABLE LIMITATION ON DAMAGES SHALL BE APPORTIONED FIRST TO THE EARLIEST CLAIMS TO ACHIEVE FINAL DISPUTE RESOLUTION, UNLESS OTHERWISE ORDERED BY A COURT OF COMPETENT JURISDICTION. IN NO EVENT SHALL FINWORLD BE OBLIGATED TO PAY MORE THAN THE LIMITATION ON DAMAGES AS SPECIFIED IN CLAUSE 7.12, REGARDLESS OF THE METHOD OF APPORTIONMENT AMONG CLAIMANTS TO THE AMOUNT OF THE LIMITATION ON DAMAGES.
Member shall take all necessary measures to preclude Finworld from being made a party to any lawsuit or claim regarding the use of the Services.
Member shall indemnify Finworld against any and all Loss suffered by Finworld to any person as a result of any posting made by Member in relation to the Services or any breach of this Agreement.
If any provision in this Agreement is found or held to be invalid or unenforceable, then the meaning of such provision shall be construed to the fullest extent allowed by law so as to render the provision valid and enforceable, and if no such construction is possible, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect and the parties to this Agreement shall use their best efforts to negotiate, in good faith, a substitute, valid and enforceable provision or agreement which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.
This Agreement creates no agency, partnership, joint venture or employment and neither Member, his agents, the Information Provider nor its agents have any authority to bind Finworld in any respect whatsoever.
At Finworld's sole discretion, all notices given to Members under this Agreement may be by way of postal mail, telefax, electronic mail addressed to the Member at his relevant address as set out in the Registration Form or by way of posting at this Website. Member agrees that any such notice shall be deemed to have been duly served immediately (if given by telefax, electronic mail or posting at this Website) or two days after posting (if given by way of postal mail) and in proving the same it shall be sufficient to show that the envelope containing the same was duly addressed, stamped and posted.
By accessing this Website, Member agrees that Malaysian law, including without limitation the provisions of the Evidence Act 1950 (Act 56) shall govern such access as well as the above terms and Member agrees to submit to the exclusive jurisdiction of the courts of Malaysia.