Terms & Conditions
Last updated on 28 February 2020
The Philippa Huckle Group Ltd, trading as Aria Forum Wealth Management, is a private company registered in Hong Kong under company number 787431 and have our registered office at 1607, the Hong Kong Club Building, 3A Chater Road, Central, Hong Kong (hereinafter referred to as “Aria Forum”). Aria Forum is licensed as an investment advisor with the Hong Kong Securities and Futures Commission.
This Terms and Conditions (“T&C”) is entered into by and between you and Aria Forum, and sets out both parties’ respective rights and obligations for using Aria Forum’s Digital Properties.
This T&C has highlighted the clauses that may substantially affect your rights and interests which require your attention. This T&C shall be applied when you use the Digital Properties. You warrant that you have read and understood this T&C and also agree that upon using the Digital Properties, you are bound by this T&C. You may not be subject to some of the provisions of this T&C which are solely applicable to certain situations. You should read this T&C carefully to determine which provisions apply to you.
1 Definitions
“Commercial Purposes” means any for-profit business in any manner that could compete with the business of Aria Forum.
“Digital Properties” comprises the websites and applications which are owned by Aria Forum or which are going to be developed by Aria Forum, including but not limited to the properties made available at “ariaforum.com” and “periscope.ariaforum.com”.
“Fault” means a negligent, reckless or intentional failure to act reasonably.
“Hong Kong” means the Hong Kong Special Administrative Region of the People's Republic of China.
“Intellectual Property Rights” means all present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, Internet domain names, trade dress, works of authorship, confidential and proprietary information, know-how and all other intellectual property rights of any type under the laws of any jurisdiction.
“Investment Performance Data” means data either provided by You to Digital Properties for the purpose of carrying out the Services by Aria Forum or data generated as a result in rendering the Services to You by Aria Forum.
“Laws” means all laws, statutes, orders, regulations, rules, treaties, and/or official obligations or requirements enacted, promulgated, issued, ratified, enforced, or administered by any competent governmental organ that apply to you or Aria Forum.
“Services” means any current or future services provided by Aria Forum, including but not limited to Quantifiable Wealth Planning, Goals-Based Investment Management and Tax Efficiency.
“Persons” includes an individual, association, partnership, corporation, other body corporate, trust, estate, and any form of organization, group, or entity cognizable as legal personalities.“Personal Data” shall have the same meaning as defined in the Personal Data (Privacy) Ordinance (Cap.486).
“Use/Using” includes the act of visiting or accessing the Digital Properties.
2 Representations, Warranties and Undertakings
You represent and warrant to Aria Forum as follows: -
Your execution and performance of this T&C will not violate any agreement or other legal obligations to which you are bound;
You possess the legal right, ability and capacity to enter into this T&C;
The information you have given and/or are about to give to Aria Forum in connection with your access to and use of the Services is complete, true and accurate;
You guarantee and promise to Aria Forum that the source of funds provided by you for the Services is legal and compliant with any applicable laws and regulations;
Any instructions received or undertaken through your Aria Forum account or from your registered email address on file with Aria Forum are deemed to be valid, binding, and conclusive, and that Aria Forum may act upon those instructions without any liability or responsibility attaching to it;
You have the ability to identify and tolerate the risk associated with the Digital Properties.
3 Rights and Obligations
This provision sets out the rights and obligations between you and Aria Forum as follows: -
3.1 Your Rights and Obligations
You shall not use the Digital Properties for any illegal purpose or in any manner inconsistent with this T&C.
You shall not use, download, copy, reproduce, duplicate, print, recompile, decompile, disassemble, reverse engineer, publish, display, perform, republish, modify, upload or disclose any information contained in and provided by the Digital Properties for any commercial purposes.
You shall (i) not upload or send any information via the Digital Properties that (a) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right of third-parties; or (b) is unlawful, defamatory, libelous, slanderous, offensive, obscene, pornographic, exploitative of a minor, violent, hateful, threatening, abusive, misleading, deceptive, or racially, ethnically or otherwise objectionable; or (c) contains or embodies a virus, worm, trojan horse or other contaminating or destructive feature; or (d) otherwise violates any applicable law or regulation; (ii) not upload or send any information for any commercial, promotional or solicitation purposes.
You shall not misuse the Digital Properties by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Digital Properties, the servers on which the Digital Properties are hosted or any server, computer or database connected to our Digital Properties. You must not attack the Digital Properties via a denial-of-service attack. By breaching this provision, Aria Forum may report any such breach to the relevant law enforcement authorities, and Aria Forum may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Digital Properties shall cease immediately.
You shall provide Aria Forum with such information and materials as Aria Forum may reasonably require in order to supply the Services to you and ensure that such information is complete and accurate in all material respects. If you fail to submit relevant information as required by Aria Forum in order to provide you the Services, or the information you provided is incorrect, false, outdated or incomplete, or Aria Forum has reasonable grounds to suspect that the information submitted by you is wrong, false, outdated or incomplete, Aria Forum has the right to refuse, suspend, or terminate the Services, and Aria Forum shall not be responsible for any direct or indirect expenses, losses, and damages arising therefrom suffered or incurred by you.
You shall update the information within reasonable time as Aria Forum may from time to time require. If you fail to update the information which cause Aria Forum unable to provide Services to you (“unavailability”), or cause any error in the operation of the Services (“error”), you shall not refuse to pay any sums or remuneration due to Aria Forum, and also you shall be responsible for any consequences arising out of such unavailability and error, including but not limited to any direct or indirect expenses, losses, and damages suffered and incurred by you.
3.2 Rights and Obligations of Aria Forum
Aria Forum shall obtain and maintain all necessary licences, permissions and consents in advance which may be required for a particular service under any applicable laws before the execution or delivery of such service .
At any time, with prior reasonable notice to you via your email address registered on the Digital Properties, Aria Forum may modify or discontinue one of more of the Digital Properties. Aria Forum shall in no way be held liable to you or any third party for any consequence which results from Aria Forum’s decision to modify or discontinue one of more of the Digital Properties.
Aria Forum may as practicable as possible notify you via your email address registered on the Digital Properties and rectify the error of the Digital Properties that would materially affect your account or personal data due to a system failure or any other reasons.
4 Aria Forum Account
4.1 In addition to the Digital Properties available to the Public, you will be able to get access to certain portions of the Digital Properties if you are a client of Aria Forum. Our clients will be assigned an Aria Forum account for using such portions of the Digital Properties. You understand and agree to the following matter: -
The information you provided that is required for opening, using and operating your Aria Forum account is accurate, truthful, accurate, complete and up-to-date at all times.
Aria Forum may require you to provide additional and/or more detailed information to verify your identity when Aria Forum deems it necessary or appropriate to comply with the anti-money laundering laws or any other applicable laws and regulations.
It is your responsibility to ensure the confidentiality and security of your Aria Forum account number and the password, and any other persons shall not use your Aria Forum account without your prior authorization. In the event that you have authorized any other persons to use your Aria Forum account, such persons shall be deemed to be your agent and you shall be responsible for all the actions that is done by such persons.
In any event, you are solely responsible for any and all activity that takes place under your Aria Forum account.
4.2 The Digital Properties which are available through your Aria Forum account use your Google account to authenticate you with the Services. The authentication is done via OAuth, a standard web technology which allows Services to use third-party identity providers (such as Google) without requiring you to create new accounts and maintain additional passwords. Your Aria Forum account is thus linked to your Google account, and we will never need to directly ask you for your password.
4.3 Aria Forum may not be able to assist in retrieving your password when lost due to your own fault, as you are the only one who should know your password.
4.4 Aria Forum does not assume any liability for the illegal use of Aria Forum accounts due to hacking, viruses or your own fault.
4.5 You shall immediately notify Aria Forum at [email protected] of any known or suspected unauthorised use(s) of your Aria Forum account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password (“precautions”). Aria Forum shall not be responsible for any loss or damage resulting from any unauthorised access to your Aria Forum account due to any failure to comply with these precautions or through any violation of these Terms and Conditions.
5 Intellectual Property
5.1 All the materials on the Digital Properties including but not limited to images, reports, articles, video, audio, graphics, logos, domain names are the property of Aria Forum or third parties and are protected by applicable copyright, trademark, unfair competition and other laws.
5.2 You are prohibited to appropriate, use, copy, distribute, imitate or post, in whole or in part any materials on the Digital Properties that are the property of Aria Forum for any commercial purpose without prior written consent of Aria Forum.
5.3 Access to any of the Digital Properties does not authorize you to use any of Aria Forum’s trade names, logos, trademarks or copyrighted material, and you agree not to do so without the express written consent of Aria Forum.
6 Links to External Websites
6.1 You may have access, through links, from the Digital Properties to websites and/or applications operated by persons other than Aria Forum. In such cases, such hyperlinks are provided for your reference and convenience only and are the exclusive responsibility of such website/applications’ owners. Aria Forum does not endorse, recommend, or approve the content on that website/application or the operator or operations of that website/application. Aria Forum is not responsible for any practices, operation, content, security or policies, including privacy policies, of any other website/application that is linked from the Digital Properties.
6.2 Aria Forum has no control over the contents of those sites or resources. This T&C shall not cover your interaction with any external websites linked from the Digital Properties. You are recommended to read the Terms of Conditions of the external websites before you use them.
7 Data Protection
7.1 Personal data provided to and collected by Aria Forum will be protected, used or disclosed in accordance with the Privacy Policy and any applicable data protection laws. In order to understand Aria Forum’s data protection policy, please read carefully the full content of the Privacy Policy available at https://ariaforum.com/privacy
7.2 Privacy Policy is an integral part of this T&C. You acknowledge that you have read and hereby agree to Aria Forum’s Privacy Policy. If you cannot accurately understand the meaning of the relevant terms in the Privacy Policy and this T&C, you can contact us at [email protected] for consultation before you click acceptance of this T&C.
8 Indemnity and Limitation of Liability
8.1 Aria Forum does not warrant that the Digital Properties are compatible with your equipment or that the Digital Properties or data, information, or any e-mail sent by Aria Forum, will be secure, or free of errors, viruses, worms, "trojan horses," or any other harmful, invasive, or corrupted components, and is not liable for any damage or loss you may suffer as a result of such destructive features.
8.2 You are responsible for configuring your devices and software to access the Digital Properties. You should use your own virus protection software.
8.3 Although Aria Forum endeavours to make the Digital Properties useful and efficient to you, you agree that your use of the Digital Properties, or any other information, content and materials contained in, accessed via, or described on the Digital Properties, is at your sole risk and that all such information, content, and materials are provided on an "as is" and "as available" basis.
8.4 Aria Forum may cooperate with third-party service providers to provide Services to you. However, Aria Forum does not endorse, recommend, or sell the products or services of the third-party service providers, and does not make any express or implicit warranty or guarantee on the risk, authenticity or legality of the products or services of the third-party service providers. Aria Forum does not assume any joint and several liability for the statutory obligations and/or contractual obligations undertaken by the third-party service providers.
8.5 In no event shall Aria Forum 's total liability to you for any and all direct and indirect damages, losses and causes of action (whether based on contract, negligence, tort, unjust enrichment, strict liability, violation of law or regulation, or any other basis, even if Aria Forum has been advised of or should have known of the possibility of such losses and damages.) exceed [*].
8.6 You agree to indemnify, defend and hold harmless Aria Forum, from and against any and all claims, damages, liabilities, actions, causes of action, suits, demands, losses, costs, and expenses (including reasonable attorney's and expert's fees) arising out of or in connection with your use of, or access to, the Digital Properties and any information, content or materials accessible via the Digital Properties or any links displayed on the Digital Properties, including, but not limited to: (i) use of the Digital Properties via your Aria Forum account, whether or not such access is authorised by you; (ii) a violation of the T&C by you or any other person accessing the Digital Properties through your Aria Forum account; (iii) a claim that any use of the Digital Properties, or any content, information, or materials contained, displayed or available via the Digital Properties, by you or any other person accessing the Digital Properties through your Aria Forum account, infringes or otherwise violates any intellectual property, right of privacy or publicity, or other proprietary right of any third party, is libellous or defamatory, or otherwise results in injury or damage to any third party; (iv) any deletions, additions, insertions or alterations to, or any unauthorised use of, the Digital Properties by you or any other person accessing the Digital Properties through your Aria Forum account; (v) any misrepresentation or breach of representation or warranty made by you contained herein; or (vi) any breach of any covenant or agreement to be performed by you hereunder.
9 Change of this T&C
9.1 Aria Forum may make changes to this T&C over time to reflect technical improvements and changes or applicable laws and regulations. You are recommended to review this T&C regularly at https://ariaforum.com/terms.
9.2 Where Aria Forum considers that such changes are reasonably material, Aria Forum will where reasonably practicable notify you via the email address registered on your Aria Forum account. Prior to such changes becoming effective, by continuing to use the Digital Properties after Aria Forum makes any changes to this T&C, you are agreeing to be bound by the revised Terms in the T&C.
10 Termination
10.1 You may, without prejudice to any accrued rights, terminate the T&C, with or without cause and at any time, by notifying the Company in writing of such termination or discontinuing your use of the Digital Properties.
10.2 Aria Forum, may terminate the T&C by notifying you or, prohibiting or suspending your access to the Digital Properties, at any time and effective immediately, with or without cause.
10.3 Aria Forum may prohibit or suspend your access to the Digital Properties where:
Aria Forum reasonably believes that you have breached this T&C;
your use of the Digital Properties creates risk for us, or gives rise to a threat of potential third-party claims against us, or is potentially damaging to our reputation;
such suspension or termination is required due to applicable laws and regulations; and
to the extent permitted by applicable laws and regulations, for any other reason in Aria Forum’s sole and absolute discretion.
and where reasonably practicable, Aria Forum may give you advance notice of any suspension or termination.
11 Risk Disclosure
11.1 This T&C does not disclose all of the risks and other significant aspects of trading in securities and other investment products. In light of the risks, you should undertake such transactions only if you understand the nature of transactions into which it shall enter and the extent of its exposure to risk. You should carefully consider whether trading is appropriate in light of your experience, objectives, financial resources and other relevant circumstances.
11.2 Information displayed in the Digital Properties may be historic, outdated or estimated and are subject to change and finalisation. Some information may reflect subjective determinations based on a variety of factors, including, among others, investment strategy, prior performance of similar products (if any), volatility measures, risk tolerance and market conditions. Any descriptions involving investment models, statistical analysis, investment process, and investment strategies and styles are provided for illustration purposes only and are not intended to reflect performance.
11.3 Any assumptions, assessments, statements or the like (“statements”) regarding future events or which are forward-looking constitute only subjective views, outlooks, estimations or intentions, are based upon the author’s or source’s expectations, intentions or beliefs, should not be relied on, are subject to change due to a variety of factors, including fluctuating market conditions, and involve inherent risks and uncertainties, both general and specific, many of which cannot be predicted or quantified and are beyond Aria Forum’s control. Such risks and uncertainties include, without limitation, (i) the adverse effect from a decline in the securities markets, (ii) a general downturn in the economy, competition from other companies, (iii) changes in governmental policy or regulation. Future evidence and actual results could differ materially from those set forth in, contemplated by, or underlying these statements. In light of these risks and uncertainties, there can be no assurance and no representation are given that these statements are now or will prove to be accurate or complete in any way.
11.4 There is no guarantee that the information displayed on the Digital Properties will result in profit. Performance may be volatile and you could lose a substantial amount or all of your investment. Past performance is not necessarily indicative of future results. Fees and expenses will reduce trading profits and at times may be significant.
12 Governing Law and Dispute Resolution
12.1 This T&C and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Hong Kong.
12.2 The parties irrevocably agree that the courts of Hong Kong shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the T&C or its subject matter or formation (including non-contractual disputes or claims).
13 Miscellaneous
13.1 If any provision of the T&C is found invalid or unenforceable, that provision will be severed to the extent permissible, and the other provisions of the T&C will remain in force.
13.2 Apart from this T&C, you may also be required to abide by the other rules, regulations or policies made available through the Digital Properties by Aria Forum from time to time (as the case may be).
13.3 You may not assign or otherwise transfer the T&C or any of your rights or obligations hereunder.
13.4 No failure or delay by Aria Forum in exercising or enforcing any right or remedy shall constitute a waiver of such right or remedy or limit, prejudice or impair Aria Forum’s right to take any action or to exercise any right or remedy against you without notice or demand, or render Aria Forum responsible for any losses arising therefrom nor shall any single or partial exercise by Aria Forum of its rights preclude any other or further exercise thereof or the exercise of any other rights or remedies. The rights of Aria Forum are cumulative and not exclusive of any other rights, power, privilege, claim or remedy available at laws or otherwise.
13.5 A person who is not a party to the T&C may not enforce any of its terms under the Contracts (Rights of Third Parties) Ordinance (Cap 623 of the Laws of Hong Kong).