DYNAQUEST

MARKET DIGEST AND STOCKBASE (“Products”)

Terms and Conditions (“Terms”)

Last updated: 07 April 2017

Please read the following Terms and Conditions (“Terms”) carefully before accessing www.dynaquest.com.my and dqinfo.dynaquest.com.my (“Website”) and/or registering as a user of the Website and/or using the Market Digest and the STOCKBASE (“Products”) provided on the Website. This is a legally binding contract between you and Dynaquest Sdn. Bhd. (“we”, “us” and “our”), the provider of the Website and the Products.

Your access to and use of the Website and/or the Products is conditioned on your acceptance of and compliance with the Terms. By accessing and/or using the Website and/or the Products, you agree to be bound by the Terms. If you disagree with any part of the Terms, you must immediately discontinue your access of and/or the use of this Website including the Products and/or cancel your account registered with us.

1. WEBSITE
   1. The term “Website” includes, but is not limited to, the data, reports, text, images, links, sounds, graphics and videos displayed herein.
   2. The contents of the Website may be amended, suspended or removed, at our sole discretion, at any time, with or without giving you prior notice.
   3. Access to the Website may be limited or temporarily unavailable due to maintenance or other unforeseen disruptions in any forms, including but not limited to, system, server or connection failure. Under no circumstances shall we be liable to you or any other party for such unforeseen disruptions.
   4. In no event shall we be liable to you or any other party for, including but not limited to, any damages, expenses or losses, however caused by your use of and/or connection with any content (including but not limited to any links to other webpages) provided on the Website.
   5. It is your responsibility to set-up your electronic devices and internet connections properly for the optimal use of the Website. We shall not be liable for any charges required by your internet provider and/or your device system in relation to the use of our Website.


2. PRODUCTS
   1. A reference to “Products” is to the online products provided on or in connection with the Website.
   2. The contents of the Products are provided by us on an “as is” and “as available” basis, which may at any time, be amended, suspended or removed, at our sole discretion, with or without giving you prior notice.
   3. The contents of the Products are for general reference only, and do not take into account the specific investment objectives, financial situation and/or particular needs of any particular person.
   4. We do not verify and/or assess the contents of the Products in relation to the making of any specific investment, business and/or financial decisions of any particular person. You should seek professional advice and/or conduct individual research, including but not limited to, the verification and evaluation of the contents herein before making any decisions based on the information contained in the Products.
   5. We endeavour to ensure that the contents of the Products are accurate and/or obtained from sources believed to be reliable, but we do not guarantee the accuracy, adequacy, reasonableness, timeliness and reliability of the contents. In no event shall we be liable to you or any other party for, without limitation, any delays, errors and/or omissions in the contents.
   6. The Products are made available to you for your own personal use only. In no event must you use the Products for, or in connection with, any corporate organisation/s, including but not limited to, commercial businesses, legal entities and/or financial institutions.
   7. Access to the Products may be limited or temporarily unavailable due to maintenance or other unforeseen disruptions in any forms, including but not limited to, system, server or connection failure. Under no circumstances shall we be liable to you or any other party for such unforeseen disruptions.
   8. It is your responsibility to setup your electronic devices and internet connections properly for the optimal use of the Website. We shall not be liable for any charges required by your internet provider and/or your device system in relation to the use of our Products.


3. SUBSCRIPTION
   1. Your access to and use of the Products are conditioned on the receipt of the subscription fee (“Fee”) from you to us by the online payment mode.
   2. The subscription details, including but not limited to, the amount of the Fee and the subscription period are indicated on the online registration form.
   3. We reserve the right to amend or remove any subscription details, including but not limited to, the period of subscription, the features displayed in each subscription plan, the Fee, and/or any additional charges for the access of and/or use of the Website and any particular features of the Products.
   4. You shall bear any taxes, duties or levies to which the Fee is subject.
   5. We reserve the right to decline any subscription at our discretion, with or without reason given.
   6. You may choose to renew your subscription at the end of each subscription period, with or without receiving a reminder from us.
   7. In no event shall we be liable to you or any other party for, including but not limited to, any errors, delays, interruptions or failures occurred during your online payment process.


4. TERMINATION AND REFUND
   1. The Fee paid to us is not refundable under any circumstances, even upon your subsequent decision to terminate your subscription.
   2. Subscription renewal payment paid to us is not refundable under any circumstances, even upon your subsequent decision to terminate your renewal.
   3. We reserve the right to terminate your subscription and/or your access to the Website at our sole discretion if you fail to comply with the Terms. The Fee or the renewal payment paid to us shall not be refundable in such an event.


5. JURISDICTION AND APPLICABLE LAW
   1. The Terms shall be governed by and construed in accordance with the laws of Malaysia. By accessing and/or using the Website and/or the Products, you hereby consent to the exclusive jurisdiction of the courts in Malaysia, in connection with any disputes arising out of or in relation to the access to and/or use of the Website and/or the Products.
   2. If you reside outside Malaysia, it is your responsibility to comply with the laws of the jurisdictions from where you access and/or use the Website and the Products.
   3. We make no representations that the contents, materials, information and/or the services and products provided on the Website are appropriate or available for use in jurisdictions other than Malaysia.


6. INTELLECTUAL PROPERTY RIGHTS
   1. All contents on the Website and the Products, which include but are not limited to text, images, videos, logos, graphics and data are our intellectual property.
   2. No intellectual property rights are granted to you, and your access to and/or use of the Website and/or the Products should not be construed as granting the rights to use our intellectual property without our prior written consent.
   3. You may not modify, copy, download, display, broadcast, perform, distribute, reproduce or publish any of the contents and materials contained in the Website and the Products, or otherwise use in any other manner, in whole or in part, without our prior written consent.


7. DISCLAIMER AND INDEMNITY
   1. In no event shall we be liable to you or any other party for any liabilities, damages, losses and/or expenses of any kind, however arising from and/or in connection with, the access to and/or use of the Website and/or the Products, which include but not limited to any reliance on the availability, suitability, timeliness, completeness and accuracy of the information, data, materials and contents herein; or any system, server, connection failure; or computer viruses and data breaches, even if we have been advised of the possible liabilities, damages, losses and expenses caused by such events.
   2. You hereby agree to indemnify and keep us harmless from all liabilities, damages, losses and expenses whatsoever, however arising from and/or in connection with, other parties’ or your access to and/or use or misuse of the Website and/or the Products, and/or the breach of the Terms using your login details.


8. PRIVACY POLICY
   1. It is your responsibility to provide accurate, complete and up-to-date registration information (“Personal Data”), which includes but is not limited to your name, age, occupation, email address, residential address, work address, telephone number, mobile number, work number, fax number and bank details.
   2. Your Personal Data may be collected through other means apart from registration, which include but are not limited to cookies used on the Website and the Products.
   3. Your Personal Data may be used by us, with no limitation, to process your orders, carry out your instructions, provide services in relation to your account and subscription, as well as market our existing and future services and products.
   4. You may opt not to provide any or all of your Personal Data to us, however, please note that we will not be able to provide our products and/or services to you without receiving accurate, complete and up-to-date Personal Data from you.
   5. You may opt not to receive any marketing updates regarding our existing and future services and products. If you wish to do so, please inform us by email.
   6. You should notify us if you wish to change any particular registration information.
   7. It is our priority to safeguard your Personal Data provided to us and we pledge not to sell your Personal Data to anyone at any time. However, your Personal Data may be disclosed to and/or accessed by any members of our company and third parties who perform certain business functions on our behalf from time to time as and when necessary, which include but not limited to IT service providers, external auditors and government authorities.


9. DECLARATION OF INTEREST

   Dynaquest Sdn Bhd, its associated persons, directors, officers and/or employees may have interest in the securities of the company/companies covered on the platform.



10. MISCELLANEOUS
    1. We reserve the right to amend, remove, and add to any part of the Terms at any time, at our sole discretion, with or without notice. By continuing to access the Website and/or use the Products following the changes, you agree to be bound by the updated Terms and Conditions.
    2. We reserve the right to terminate your access to the Website and/or the use of the Products at any time, at our sole discretion, with or without notice. We shall not be obliged to provide any reason/s in such event.
    3. A delay and/or a failure on our part to enforce and exercise any rights or provision of the Terms shall not constitute a waiver of such rights or provision.
    4. Should any part of the Terms be determined invalid or unenforceable by any court of competent jurisdiction, the remainder of the Terms shall continue to be valid and shall be enforced to the fullest extent permitted by the applicable law.