DING SHENG XIN FINANCE CO. LIMITED
WEBSITE TERMS & CONDITIONS
This website (“Website”) is provided by Ding Sheng Xin Finance Co. Limited (ACN 603 612 479) (“Company”). Each person accessing this website (“User”) does so subject to the below terms and conditions (“Terms and Conditions”) which should be read carefully.
1. Information Disclaimer
All information, documents and materials available on this Website or through any websites that are linked to this Website by hypertext links (“Linked Websites”) (such information, “Content”), are provided by the Company for background, educational and information purposes only. The Company has prepared the material on this Website with every effort to ensure accuracy, but the Content may not necessarily be accurate or correct. Further, as the Content is for general use, nothing contained in this Website is intended to replace detailed advice in respect of individual circumstances, and readers are encouraged to contact the Company and their independent financial and legal advisors for further information before making financial decisions. No User should act or fail to act on the basis of the Content.
To the maximum extent permitted by law, the Company disclaims any liability (whether direct or indirect) to any User arising out of that User accessing, downloading, uploading, using or relying on or dealing in any way with any Content.
Any User accessing this Website or any Linked Websites accepts all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using this Website or any Linked Website and in relation to any Content. The Company reserves the right, in its absolute discretion, to delete, alter, or move any message or other posted material on this Website and any Linked Websites.
Where the Company is prohibited or restricted by law from excluding or limiting its liability, then to the extent permissible by law, any liability incurred in relation to any Content is limited to the re-supply of the Content or the reasonable cost of having the Content re-supplied. The Company is not liable for any incidental, special, indirect or consequential loss or damages, including loss of business, loss of opportunity, loss in capital or other profit arising from, or in relation to, the use of any Content.
The Content is prepared only for Australian residents. Any currency references are to Australian dollars unless otherwise specified.
Any User accessing this Website must not act on or through this Website so as to interfere with or disrupt internet users, service providers, or their computers, software or hardware. Such actions include, but are not limited to, the circulation of any unsolicited publicity or advertising material, propagation of computer worms and viruses, using this Website to gain unauthorised access to any other computer, sending, harassing, obscene, indecent, offensive or threatening electronic mail, forgery (or attempted forgery) of electronic mail messages and the replacement, transmission or storage of any defamatory material on the internet.
All Users accessing this Website agree to refrain from the bulk transmission of messages or unsolicited electronic mail, and such Users must not access, nor permit any other party to access, this Website for any purpose or activity of an illegal, fraudulent or defamatory nature.
3. No Investment Advice
This Website and Linked Websites may contain information and materials in relation to investments and financial matters (“Investment Materials”). These Investment Materials are meant as a guide only and do not constitute investment, financial, accounting or taxation advice or recommendations. Investment Materials have not been prepared taking into account the particular investment objectives, financial situation and needs of any particular investor. Accordingly, a User accessing this Website or any Linked Websites should assess whether the Investment Material is appropriate in light of their individual circumstances before acting on it. The Company strongly recommends that such Users discuss any specific matters with their respective accounting, financial and taxation advisers (as appropriate).
4. Exclusion of Warranty
To the maximum extent allowed by law the Company does not make any express or implied warranties, representations or endorsements whatsoever in relation to this Website and its Content or any Content, products or services provided through Linked Websites.
5. No Endorsement of Third Parties
The Company does not make any express or implied endorsement of any third party, including any service or product of that third party that may be referred to in this Website or any Linked Websites. Links and frames connecting this Website with Linked Websites are for convenience only and do not mean that the Company endorses or approves those Linked Websites, their content or the people who run or contribute to them.
6. Intellectual Property
Unless otherwise specifically provided for, the Company has and retains copyright, patent, trademark, design or other intellectual property rights in all Content contained on this Website and in the selection, arrangement and presentation of such Content (including information in the public domain) and overall design of this Website. Reproduction permitted only for the purposes of viewing this Website, or making a singular paper hardcopy to assist the user in their research. No part of the Content may otherwise be used, copied, reproduced, shared in a retrieval system, altered, distributed, published, transferred, commercially exploited or transmitted in any form without the prior consent of the Company. Reproduction of any trademarks (whether registered, unregistered or registrable) and other materials is prohibited to the maximum extent of the law.
7. Viruses, Errors, Defects, Security and Interruptions
Any User should be aware that access to this Website and Linked Websites is affected by matters beyond the Company's control. The Company does not guarantee that the files contained in this Website, Linked Websites or the servers on which this Website or Linked Websites are hosted are unaffected by viruses, errors, defects or will be accessible to Users on a continuous or uninterrupted basis.
The Company does not guarantee that any viruses, errors or defects discovered to exist on this Website, Linked Websites or the servers on which they are hosted will be corrected. Users of this Website and Linked Websites do so at their own risk.
8. Privacy and Security
8.1 Privacy Statement
The Company is firmly committed to protecting the privacy of Users and aims to maintain a safe and secure system of handling Users’ personal individual information. For this reason, the Company takes measures to ensure that each User’s personal information is handled in strict compliance with the ‘National Privacy Principles’ set down in schedule 3 of the Privacy Act 1988 (Cth). The Company will only collect personal information that is necessary for it to carry on its business functions. The Company will only use Users’ personal information for the reasons it was collected, which is primarily communicating with Users.
The Company will use its best endeavours to protect personal information from misuse, loss or unauthorised access, modification or disclosure both physically and through computer security methods to other parties. Any other use or disclosure that the Company makes of a User’s personal information will only be as required by law or permitted by the Privacy Act 1988 (Cth). A User’s personal information will be deleted when it is no longer required for its original purpose. Further, a User’s personal information held by the Company is available at request by that User, and may be deleted at any time at that User’s request.
8.2 Information Collected
The information collected by the Company in respect of each User will depend on that User’s use of the different functions available on this Website.
The Company’s systems may record a User’s server address, the date and time of the User’s visit, the pages viewed and any upload or download made if a User visits this Website to read, browse, upload or download information.
8.3 Use of Information
Any personal information collected in respect of a User may be used to determine the use patterns of this Website, including the popularity of different pages. This may be used by the Company to improve this Website. The information may also be used for planning, product development, marketing and research purposes.
Any personal information a User submits to this Website will be used in accordance with the purpose for which it was provided, any other purpose stated on this Website for which that information will be used, or as requested by the User.
8.4 Securing Data
The Company will take reasonable technical and organisational precautions to prevent the loss, misuse, unauthorised disclosure or alteration of a User’s personal information. Any personal information will be stored on secure servers owned or used by the Company.
Information relating to electronic transactions entered into via this Website will be protected by encryption technology.
8.5 Cross-border Data Transfers
Information collected by the Company may be stored and processed in and transferred between any of the countries in which the Company operates to enable the use of the information in accordance with these Terms and Conditions.
In addition, personal information that is submitted for publication on this Website will be published on the internet and may be available around the world.
By accessing this Website, a User agrees to such cross-border transfers of personal information.
8.6 Third Parties
This Website contains links to Linked Websites. To the maximum extent permitted by law, the Company is not responsible and disclaims liability for the privacy policies or practices of any third party operator of a Linked Website.
9. General Limitations on Liability
The Company, to the maximum extent permitted by law, in relation to use of or reliance on this Website, Linked Websites or their Content, or the inability to use or rely on this Website, Linked Websites or their Content:
(a) excludes all liability to Users and third parties;
(b) will not be liable for any incidental, indirect, special or consequential damages whatsoever, including (but not limited to) damages for loss of business or other profits, business interruption or loss of programs or information, even if the Company has notice of the possibility of such damage.
The User acknowledges that the use of this Website is done at the User’s own discretion and risk and with the User’s agreement that it will be solely responsible for any damage to the User’s computer system or loss of data that results from these activities.
Each User agrees to indemnify and keep indemnified the Company (and its related bodies corporate, employees, officers, managers, assistants, members and agents) from and against any and all claims and damages of any kind (including legal fees on a full lawyer-own client basis) arising out of or relating to that User’s use of this Website, breach of any provision of these Terms and Conditions and/or any intentional wrongdoing by the User.
These Terms and Conditions are subject to any terms and conditions that cannot be excluded by law, including without limitation, those implied by the Competition and Consumer Act 2010 (Cth). In the event that the Company is liable for any damages arising out of the use of (or inability to use) this Website, liability is limited to the fullest extent permitted by law.
If any part of these Terms and Conditions is invalid or unenforceable, that invalidity does not affect the validity or enforceability of any other part.
13. Governing Law and Jurisdiction
These Terms and Conditions will be governed and construed in accordance with the laws of the State of Western Australia and the Commonwealth of Australia (as applicable). The State or Federal Courts located in the State of Western Australia will have the exclusive jurisdiction to hear and determine any claims or disputes arising out of or relating to these Terms and Conditions.
14. Updating or Modification of Terms and Conditions
The Company may at any time and without notice or liability to Users amend, revise or update these Terms and Conditions by posting revised Terms and Conditions on this Website. Continued use of this Website constitutes acceptance of the revised Terms and Conditions.