These are the terms and conditions (“Terms“) which apply to your use of the Areix software application (“App“). References to the “App” include any products and services that may be provided to you through the App. By registering for, installing, downloading, accessing and/or using the App (or attempting to do so), you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or do not accept any of these Terms, you should not register for, install, download, access or use the App. If you have any questions about the App, please contact us at email@example.com.
The App is provided by Areix Analytics Limited (Areix) (” we“, “our” or “us “). Our registered office is Lion Rock 72, 1/F, InnoCentre, 72 Tat Chee Avenue, Kowloon Tong, Hong Kong.
Using the App
- The App is for your personal and non-commercial use only. We grant you a non-transferable, non-exclusive, revocable licence to install, download, access and use the App in accordance with these Terms.
- You must keep confidential and not share with any third party your username, password or any other information required for accessing and/or using the App. If you become aware that the confidentiality of such information has been comprised, you must immediately change your password and notify us.
- You warrant and represent that you are the owner of and/or have relevant permission from the owner(s) of:
- any devices and equipment that you use; and
- any online accounts (including online banking accounts) to which you may choose to connect via the App, for the purposes of registering for, installing, downloading, accessing and/or using the App. You accept responsibility in accordance with these Terms whether or not you are the owner of such devices, equipment or online accounts.
- You must not use the App to perpetuate a felony or fraud, or engage in any activity which is unlawful, whether in Hong Kong or in any part of the world.
- Any links, content or information provided to you via the App is for your general information purposes only and do not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
Third Party Content
- The App may contain links and/or references to third party websites, content, information, products and/or services (“Third Party Content“). Any such links, references and Third-Party Content are provided for your convenience only and do not mean that we endorse them. We have no control over such Third-Party Content and accept no legal responsibility for them. Your use of such Third-Party Content will be subject to the terms and conditions and privacy statements of that third party.
- In particular, Third Party Content includes software and services provided to us by Salt Edge Inc., a company duly incorporated and existing under the laws of Canada with its registered address at 40 King Street West, Suite 2100, Toronto, Ontario, M5H 3C2, Canada (“Salt Edge“). Such software and services are required for the functioning of the App. By using the App, you also agree and accept the end user licence agreementprovided by Salt Edge (“EULA“). In the event of any inconsistency between these Terms and the EULA, these Terms shall prevail.
- Furthermore, you agree that you will not, in relation to the software and services provided by Salt Edge:
- access the software and services directly, instead of through the App;
- disseminate, market, sell, resell, lease, transfer, assign, distribute, time share, let, rent, give somebody the loan of, subauthorise or otherwise make such software or services available to any third party;
- modify, translate, reverse engineer, decrypt, decompile, decode, disassemble, or create derivative works based on the software or services, undertake any benchmark trials using all or any part of the software or services, or in any other way try to procure the human decipherable form of the software or services;
- circumvent any user limits or other use restrictions that are built into the software or services;
- breach, override or otherwise circumvent any authentication or security mechanisms;
- remove or obliterate any proprietary notices, ownership labels, classified legends or marks from the software or services;
- indulge in any actions with the software or services that meddle with, disturb, destroy, or access in an unlawful way the server networks, connections, systems, records, or other assets, tools or services of Salt Edge or any related third party;
- transmit any worms, viruses, Trojan horses, self-destruct functions or similar disabling code or mechanism, or any other malware, disruptive or harmful software or data through your access to, or use of, software or services;
- use the software or services or any part thereof for any unlawful or fraudulent purpose or otherwise in any way not permitted by these Terms or the EULA;
- access the software or services in order to: (i) build a competitive product or service, or (ii) copy any ideas, features, functions or graphics of the software or services; engage in any behaviour that could harm the technical infrastructure or systems of the software or services;
- engage in any deliberate action that imposes a disproportionately or unreasonable large load on the technical infrastructure or systems of the software or services;
- engage in any activities that could result in disruption of the software or services;
- engage in any activities that could bring the software or services into disrepute;
- attempt to have any unauthorized access to the software and services, their associated servers, networking, systems, services, data or any other services of Salt Edge or any related third party; or
- engage in any activities that could result in foreseeable damage to the reputation of Salt Edge.
- You acknowledge that we are required to comply with Salt Edge’s development requirements and guidelines available at https://www.saltedge.com/pages/developer_requirements_and_guidelines. Salt Edge’s terms of services at https://www.saltedge.com/pages/terms_of_service as updated from time to time (“Salt Edge Terms”), and that some of them might be applicable to you. You must ensure that none of your acts or omissions cause us to breach any of the Salt Edge Terms.
- Some software packages, archives, or parts of the App may be authorized under an open source software permit (“Open Source Components”). You understand that your use, replication and/or distribution of any such Open Source Components are exclusively dictated by the terms of the applicable open source software authorization and not these Terms. We have not incorporated or otherwise used any Open Source Components, in whole or in part, in the App in any manner that requires or has as a condition of use of such Open Source Components that the App be: (i) disclosed or distributed in source code form, (ii) licensed for the purpose of making derivative work(s), (iii) redistributable at no or minimal charge, or (iv) that otherwise imposes any limitation, restriction or condition on our right or ability to make use of or distribute the App.
- You agree to indemnify us for any breaches of Clauses 3.2 to 3.5 above.
- The App is provided on an “as is” and “as available” basis. While we try to make sure that the App is accurate, up-to-date and free from viruses, worms, trojan horses, bugs, defects, errors or interruptions, we do not warrant that it will be. Furthermore, to the maximum extent permitted by statute, common law or otherwise, we provide no warranties (express or implied) regarding the fitness for purpose, compatibility or satisfactory quality of the App.
- We may change the specifications or manner of use of the App (or any part of it), and suspend or terminate the operation of the App, at any time as we see fit.
- Our total liability shall not exceed an amount equal to any fees paid by you for installing, downloading, accessing or using the App.
- We shall not be liable for any consequential, indirect or special losses. In addition, we shall not be liable for any of the following (whether direct or indirect): loss of profit; loss of data; loss of use; loss of contract; loss of opportunity; loss of savings, discount or rebate (whether actual or anticipated); harm to reputation; loss of goodwill; or any damage or alteration to any devices or equipment that may be used to register for, install, download, access or use the App.
- We shall have no liability to you for any breach of these Terms, or any delays or failures in relation to the App, which result from any events or circumstances beyond our reasonable control, including: strikes, lock-outs or other industrial disputes; delays or failures in systems, networks or internet access; flood, fire, explosion or accident; acts of war or legal restrictions.
- Notwithstanding any other provision in these Terms, we do not exclude or limit our liability in respect of death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or for any other losses which cannot be excluded or limited by applicable law.
- We reserve the right to vary these Terms from time to time, due to changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulations or any other changes. Any variations may be communicated to you in writing (including by email) or otherwise made available via the App or on our website. Following any variations to these Terms, by continuing to access or use the App, you agree to be bound by such varied Terms.
Security and data protection
- “Customer Data” means any information or content which you provide to us when accessing or using the App (or for the purpose of accessing or using the App). We will take reasonable steps to ensure that all Customer Data in our possession is kept secure, including maintaining appropriate encryption protection.
- By accessing or using the App, you acknowledge and agree that internet transmissions are never completely private or secure and you remain responsible for ensuring that any internet connection that you use for accessing or using the App is secure.
- You grant us a royalty-free licence (for the duration of this agreement) to use the Customer Data to the extent necessary to provide our services to you via the App. We may anonymise Customer Data and use such anonymised data to improve or enhance the App (including our products and services). However, we will not provide your personal data to third parties without your consent – please refer our Privacy Statement (available here) for further provisions that apply to these Terms.
- There may be promotions or offers available to you via the App which, should you wish to accept them, may require us to collect and process personal data from you. For further details, please see our Privacy Statement referred to above.
Usernames, passwords and authentication details
- In respect of any online accounts (including online banking accounts) to which you may choose to connect via the App, Salt Edge may collect and/or store your usernames, passwords or other authentication details for such accounts (“Credentials“) for the purpose of allowing the App to interface with information protected by your Credentials. We will treat your Credentials and exercise protections over your Credentials as though they are your personal data – please refer to our Privacy Statement for further provisions on how we do so.
- Please note that unless as a result of our breach of these Terms or our negligence, you remain fully responsible for any accidental or unauthorised disclosure of your Credentials to any other person and shall bear the risks of your Credentials being used by unauthorised persons or for unauthorised purposes. If you think that the security of your Credentials has been compromised, please inform us immediately so that we may be able to offer assistance.
- We (or our group of companies or licensors) own all intellectual property rights in relation to the App (including copyright, trademarks, service marks, logos, design rights, rights to inventions, rights to software and source code, and database rights). Nothing in these Terms shall confer on you any licence with respect to such intellectual property rights.
- You shall not, and shall not permit third parties, to:
- make and/or distribute copies of the App;
- decompile, reverse engineer or disassemble the App (or attempt to do so); or
- download‚ reproduce, transfer, publish, redistribute, adapt, create derivative works from, or make extracts of, the App or any content or information within it (or any part of it), other than for your personal‚ non-commercial use.
- You shall indemnify (and keep indemnified) us and our officers, directors, agents, licensors, successors and assigns from against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) of any kind which arise out of or in connection with, directly or indirectly, your breach of any of the Terms.
- We may terminate these Terms and/or prevent or suspend your access to the App (or any part of it), temporarily or permanently and without notice, for any reason (including: if we reasonably believe that: you have not complied with any part of these Terms, any terms or policies to which they refer or any applicable law; or our provision of the App is no longer commercially viable).
- You may delete your account with us, in which case these Terms shall also terminate. Once you delete your account with us, we will no longer use the software and services from Salt Edge for the purpose of acquiring and/or accessing your Personal Data, and also procure the deletion of all links between your account and the relevant financial institutions. If you wish to delete your account, you can do so in the app, or email us at firstname.lastname@example.org
- Termination of these Terms for whatever reason shall not affect any of our or your accrued rights and liabilities.
- Any words in these Terms that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words.
- If any provision in these Terms is determined to be illegal, invalid or otherwise unenforceable then, to the extent of such illegality, invalidity or unenforceability, such provision shall be severed from these Terms and the remaining terms and conditions shall survive in full force and effect.
- If we fail at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of our rights or remedies to which we are entitled under these Terms, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- These Terms set out the whole of our agreement relating to your installing, downloading, accessing and/or using the App.
- No one other than us or you have any right to enforce any provision term of this contract, whether under the Contracts (Rights of Third Parties) Ordinance or otherwise.
Applicable law and jurisdiction
- These Terms shall be governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong“) and the parties shall irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.