© 2003 Derivativeslawyer.com

Terms and Conditions

This Agreement sets out the terms and conditions (as the same may be modified from time to time, the “Terms and Conditions”) of the use of the website located at “derivativeslawyer.com” and other website owned and operated by Derivativeslawyer or any electronic communications related to Derivativeslawyer.com (collectively, the “Website”) and the purchase of any services or products from the Website. Welcome to our Website.

1. Terms and Conditions

The use of the Website constitutes your acceptance, without modification, to the Terms and Conditions then in force at time of use. This Agreement constitutes the entire and only agreement between Derivativeslawyer.com and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the Contents (as defined below), products or services provided by or through the Website, and the subject matter of this Agreement. This Agreement may be amended and posted on the Website at any time by us from time to time without specific notice to you, but this shall not affect the existing Terms and Conditions accepted by you upon making a purchase using the Website. You should review the latest Terms and Conditions prior to using the Website. If you do not agree to these Terms and Conditions, you should not use any of the Documents or information contained herein.

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2. Use of the Website

Derivativeslawyer is not a legal firm and the use of the Website and the Contents does not constitute legal advice, recommendations, counselling under any circumstances, nor does the transmission, downloading or sending of any document or other information create a lawyer/client relationship. The use of the Website and Contents is entirely at your own risk.

3. Use of the Documents

Manuals, articles, forms, checklists, agreements, memorandums (collectively, “Documents”) may be made available by us on the Website for your use for free or in consideration of a payment. Some of these Documents are general form agreements and require to be personalised to suit your own specific circumstances. We assume no responsibility to and do not enquire whether these Documents are suitable for the purpose you intended. Where a Document is prepared based on your instructions, it shall be your responsibility to ensure that the Document accurately and completely reflects your instructions and we assume no responsibility whatsoever in that respect. The Documents may be inappropriate for your particular circumstances and the applicable law may require different or additional provisions to be inserted in the Documents. If deemed necessary, you should seek legal advice in conjunction to the use of the Documents. Due to the digital nature of the Documents no automatic right of refund or cancellation exists after a Document has been purchased by you.

4. Services

You should check that any information supplied by you is correct before proceeding to payment. We do not accept responsibility or offer refunds if you provide incorrect information. Copyright in the Documents belongs to Derivativeslawyer.com unless specifically stated otherwise. You may not provide any Document for re-sale or re-publish any document for free use by others without the prior written consent of Derivativelawyer.com. Any document published online as part of the terms of use of a website or similar that is derived in whole or in part from a Document must have a visible hyperlink back to our Website and an appropriate credit to Derivativeslawyer.com as the source of the document.

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5. Copyright and Licence

The contents, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website (collectively, “Contents”) are protected under applicable copyrights, trademarks and other proprietary rights. The copying, redistribution, use or publication of the Contents by you is strictly prohibited. The posting of the Contents on the Website does not constitute a waiver of any rights therein.

6. Disclaimer

The information and Documents available on the Website are provided on an “as is” and “as available” basis without any representations or endorsements made and without any warranty of any kind whether express or implied, including but not limited to implied warranties of fitness for purpose, merchantability and accuracy. We will not have any liability to you at all if you use any information or document without obtaining appropriate legal advice. In no circumstance shall Derivativeslawyer.com be liable for any indirect, incidental, special or consequential damages arising out of or in any way connected with the use of the Website or the documents, under any law or on any basis whatsoever whether contractual or otherwise, except in relation to death or personal injury for which no limit shall apply. The total liability of Derivativeslawyer.com for direct loss arising out of the use of the website or any document contained herein shall be limited to 1,000 for any one incident or series of related incidents.

7. Hyperlinks

The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their contents. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites. You may provide links to the Website on the conditions that (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright or other notices on the Website (b) your website does not engage in illegal or immoral activities (c) you discontinue the links to the Website immediately upon request by us and (d) you agree to indemnify Derivativeslawyer for all losses and damages suffered by Derivativeslawyer as a results of providing the links to the Website or failure to discontinue the same immediately upon our request.

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8. Advertisers and Sponsors

It is the responsible for advertisers and sponsors to ensure that material submitted for inclusion on the Website is accurate and complies with applicable laws. Derivativeslawyer.com shall not be responsible for the error, inaccuracy or illegality in the materials supplied by the advertisers or sponsors.

9. Complaints

For complaints about our service or any Derivativeslawyer.com product please contact us at [email protected].

10. General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force. This Agreement may be assigned by Derivativeslawyer.com at any time. Headings in this Agreement are for convenience only and must not be given any legal import. This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, and each of the parties submits to the exclusive jurisdiction of the courts of Hong Kong.

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