OTC CEN​TRE

Your Over-The-Counter Derivatives (OTC) and Client Due Diligence (CDD) learning resource

LEGAL NOTICES 

For the avoidance of doubt, please be advised that: 

(1) OTC Centre is a business unit of Taipan Ventures Limited (hereinafter "TVL") courses and training material are not prepared, reviewed endorsed by or in any way affiliated with the International Swaps and Derivatives Association ("ISDA®"), 

(2) TVL website contains general information about legal and/or tax matters and such information should not be deemed, construed or regarded in any way as legal and/or tax advice, and must and should not be treated as such, 

(3) the legal and/or tax related information, if any, on TVL website is provided “as is” without any representations or warranties, express or implied.  TVL and any of its employees or representatives make no representations or warranties in relation to the legal information on TVL website.   

Without prejudice to the generality of the foregoing paragraph, TVL does not warrant that: (a) the legal and/or tax information, if any, on TVL website will be constantly available, or available at all; or (b) the legal and/or tax information on TVL website is complete, true, accurate, up-to-date, or non-misleading. You must not and may not rely on the legal and/or tax information on TVL website as an alternative to legal and/or tax advice from your attorney and/or tax advisor, solicitor or other professional legal and/or tax advisory services provider.   If you have any specific questions about any legal and/or tax matter you  must consult your attorney, tax advisor, solicitor or other professional legal and/or advisory services provider. You should never delay seeking legal and/or tax advice, disregard legal and/or tax advice, or commence or discontinue any legal action and/or tax related matter because of information on TVL website.  Nothing in this legal disclaimer will limit any of TVL liabilities in any way that is not permitted under applicable law, or exclude any of TVL liabilities that may not be excluded under applicable law. Ownership of copyright The copyright in TVL website and the material on TVL website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by TVL. 

TVL grants to you a worldwide non-exclusive royalty-free revocable license to: (1) view this website and the material on this website on a computer or mobile device via a web browser; (2) copy and store this website and the material on this website in your web browser cache memory; and (3) print pages from this website for your own personal and non-commercial use. TVL does not grant you any other rights in relation to this website or the material and content on this website.   Hence, all other rights are reserved. 

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without TVL prior written permission.   The automated and/or systematic collection of data from TVL website is prohibited unles other specifically agreed by TVL. You may request permission to use the copyright materials on TVL website by writing to TVL at the contact included in TVL website. Enforcement of copyright TVL takes the protection of its copyright very seriously. If TVL discovers that you have used its copyright materials in contravention of the license above, TVL may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials.  You could also be ordered to pay legal costs. If you become aware of any use of TVL copyright materials that contravenes or may contravene the license above, please report this by email to copyright@taipan-ventures.com. If you become aware of any material on the website that you believe infringes your or any other person's copyright, please report this by email to copyright@otccentre.com 

No warranties and Limitation of Liability This website is provided “as is” without any representations or warranties, express or implied.  TVL makes no representations or warranties in relation to this website or the information and materials provided on this website.  Without prejudice to the generality of the foregoing paragraph, TVL does not warrant that: (1) this website will be constantly available, or available at all; or (2) the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial, tax, regulatory or business matter you should consult an appropriate professional. 

TVL shall not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: (1) to the extent that the website is provided free-of-charge, for any direct loss; (2) for any indirect, special or consequential loss; or (3) for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if TVL has been expressly advised of the potential loss. Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit TVL liability in respect of any: (1) death or personal injury caused by TVL negligence; (2) fraud or fraudulent misrepresentation on the part of TVL; or (3) matter which it would be illegal or unlawful for TVL to exclude or limit, or to attempt or purport to exclude or limit, its liability. 

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website. You accept that, as a limited liability entity, TVL has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against TVL officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect TVL officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as TVL. If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer. 

Privacy Notice Hong Kong: at TVL, we handle your data with care and retain your personal data on our records to provide you with more tailored services for your business needs. Given that the regulatory requirements for direct marketing under the “Personal Data (Privacy) (Amendment) Ordinance 2012”, as it may be amended and restated from time to time, have come into effect in Hong Kong S.A.R. on 1 April 2013, as amended from time to time, we would like to draw your attention to our principles on the use of your personal data. TVL will continue to provide you with information relating to our :

a. products;
b. services;
c. promotional offers; and
d. TVL's businesses through various communication channels such as printed material, email, telephone and SMS, by using your personal data (including your name, contact details and other information collected from your profile and/or My Account, if any).

TVL will only use your personal data in direct marketing activities as listed above with your consent or an indication of no objection from you. We would like to continue the use of your personal data in order that we could keep you updated on our news and information. 

If you :
(1) do not want us to use your personal data for aforesaid purposes ;or 
(2) choose not to receive any more promotion messages from us, please inform TVL directly by e-mail at privacy@otccentre.com. We will continue to strive for protecting your data privacy while providing our information and services for your reference. General Privacy Policy: You may be asked to provide your personal information anytime you are in contact with TVL. TVL may share this personal information with any affiliate or partner company and use it consistent with this privacy policy including improvement of TVL products, services, content and advertising. TVL may collect information:    

·     When you create on ID to access TVL websites, register your products, apply for commercial credit, purchase a product, or participate in an online survey, we may collect a variety of information, including your name, postal address, phone number, email address, contact preferences and credit card information.
TVL may use your personal information 

·     To keep you posted on TVL's latest product announcements and upcoming events. It also helps TVL to improve its services, content and advertising. If you don't want to be on TVL mailing list, you can opt out anytime by sending a notice to privacy@otccentre.com

·     To help us develop, deliver and improve our products, services, content and advertising. 

·     To send important notices, such as communications about purchases and changes to our terms, conditions and policies. Because this information is important to your interaction with TVL, you may not opt out of receiving these communications. 

·     Pursuant to internal purposes such as auditing, data analysis and research to improve TVL's products, services and customer communications. 

As required by applicable laws and/or appropriate, TVL may make certain personal information available to business partners that work with TVL to provide products and  services, or that help TVL market to customers.  TVL shares personal information with companies who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever TVL operates. It may be necessary — by law, legal process, litigation and/or requests from public and governmental authorities within or outside your country of residence — for TVL to disclose your personal information. 

We may also disclose information about you if we determine that for purposes of national security, law enforcement or other issues of public importance, disclosure is necessary or appropriate. We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a re-organisation, merger or sale, we may transfer any and all personal information we collect to the relevant third party. For other personal information, TVL makes good faith efforts to provide you with access so you can request that we correct the data if it is inaccurate or delete the data if TVL is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardise the privacy of others, are extremely impractical or for which access is not otherwise required by local law. Access, correction or deletion requests can be made to privacy@otccentre.com. TVL websites, products, applications and services may contain links to third-party websites, products and services. TVL products and services may also use or offer products or services from third parties. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. TVL encourages you to learn about the privacy practices of those third parties. TVL may update its privacy olicy from time to time. Should TVL change the policy in a material way, a notice will be posted on TVL website along with the updated privacy policy.

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