fbpx
Request a Demo

Terms of Use

TERMS OF USE SECTIONS

THE SKYNET TERMS OF USE

Effective Date: April 21, 2022

Thanks for choosing our services (“Services”).

By using our Services and/or accessing information therein (the “Information”), you are agreeing to these Terms of Use (“Terms of Use”).

Your access to the Service is personal to you and may not be shared. In addition, you may not redistribute full text articles, unless expressly permitted in the Master Service Agreement. Please contact us if you have any questions.

1. SERVICE

1.1 Skynet grants to you a non-exclusive, non-transferable, non-sublicensable, non-assignable license to use the Information and the Services pursuant to these Terms of Use.

1.2 Skynet retains control and ownership of the form and content of the Service. You shall not acquire any ownership rights in the Service or the Information, and you may not alter the form or content of the Service without the written permission of Skynet.

1.3 The Information contained within the Service is either licensed from third party information providers or is proprietary to Skynet. “Information” excludes any publicly available content, which is viewed at third party internet sites and accessed through the Service via links to such sites (“Web Content”). You acknowledge that rights to use the Information in these Terms of Use are contractual and exist independently of copyright law, accordingly these rights cannot be affected by any license from a copyright holder or a reproduction agent acting on their behalf.

1.4 Skynet chooses the Internet sites through which any Web Content is made available however Skynet does not license the use of such Web Content. You are solely responsible for determining the extent to which you may use any such Web Content. Skynet does not accept any liability in relation to the Web Content.

1.5 Provision of a Service or any content not owned by Skynet is subject to the continuing consent of the owner/licensor. If at any time Skynet ceases publishing a Service to users generally, Skynet shall provide reasonable prior written notice of such cessation of the Service to you.

2. USE OF THE SERVICE​

2.1 You may access, download and print the Information for your own personal use.

2.2 You may not:

  • (a) reproduce, distribute, display, sell, publish, broadcast or circulate the Information to any third party, nor make the Information available for any such use;
  • (b) redistribute, publish or use the Information or any derived content (including charts from the Information) in any commercial news or information service, nor permit any third party to do the same;
  • (c) use the Information or the attached Codes in conjunction with any systems or applications that enable any program trading (including without limitation algorithmic trading programs), data mining, text mining, or trend analysis function, or that integrate news with customer relationship management, order management, trading, or portfolio management tools or systems, or mid- or back-office applications;
  • (d) remove, conceal or alter any copyright notices contained in the Service;
  • (e) modify, reverse-engineer or disassemble any part of the Services or any software contained therein;
  • (f) create or store in electronic form any shared library or archive of Information which could be used as a research application;
  • (g) share the individual password provided by Skynet to you pursuant to which you are enabled to access the Service with any third party.

2.3 You agree to comply with any additional restrictions notified by means of any on-screen notices contained within an article of Information to which the additional restriction relates.

3. SN KYC TOTAL SCREENING COMPLIANCE SERVICE​

3.1 If you access content sourced from a SN KYC Total Screening Compliance Service (“
SN KYC Service”, you may access personal and sensitive data (“Data”), as defined in the Personal Data (Privacy) Ordinance (“PDPO”) and its subsequent amendments. You and Skynet shall comply with the respective laws and regulations within the jurisdictions in which we process Data and the Data Processing Principles set out in the Data Processing Principles Schedule set forth below. Both parties acknowledge that an individual in relation to which Data is included in the Services (an “Individual”) can enforce in its country of establishment this provision against you or Skynet with respect to its Data.

3.2 Any news or other reference information included in the SN KYC Service shall be considered “Information” for the purposes of these terms of use.

3.3 You shall only use the Data for: (a) assisting in complying with legal duties and regulations which apply to you; or (b) performing law enforcement duties.

3.4 In the event that a regulator or other legal authority to which you or Skynet are subject requires Skynet to perform an audit of your performance under these terms of use, you will, solely insofar as such audit is required by applicable law, submit your data processing facilities, data files and documentation, needed for processing, to reviewing, auditing and/or certifying by Skynet(or any independent or impartial inspection agents or auditors, selected by Skynet and not unreasonably objected to by you) to ascertain compliance with the warranties and undertakings in this Section, with reasonable notice. The request will be subject to any necessary consent or approval from a regulatory or supervisory authority within your country, which consent or approval you will attempt to obtain in a timely fashion.

4. ADMINISTRATOR​

If you access the Service to administrate the use of the Services by individuals authorized by your employer to access the Services, you agree and confirm that you obtained the appropriate consent from each such individual to provide their information (names, location, e-mail address and phone details) to Skynetand are authorized to order services on behalf of your employer. The information you provide will be used by Skynet for administrating access to the Service for such users including, specifically: (a) signing each individual up to the Service; and (b) sending such users their log-in credentials.

5. FEES​

5.1 If applicable, you agree to pay the relevant fees to Skynet within 30 days of receipt of the corresponding invoice in accordance with the remittance instructions on that invoice. Should you fail to make any of the payments under this Section by the relevant due date then Skynet may require you to pay interest to Skynet at a rate of 1.5% per month, accruing daily, on the amount due.

5.2 In addition to the relevant Fees, you shall be responsible for all related charges including, without limitation to bank charges etc., so that after payment of any such taxes or duties the amount received by Skynet is not less than the aggregate of the fees applicable to your access to the Service.

6. TERMINATION​​

6.1 If you are in breach of these Terms of Use, Skynet may suspend your access to the Service without penalty until such breach is remedied.

6.2 On termination of your access to the Service, you shall promptly purge all Information from the Service that you have stored.

7. PRIVACY​

Registration data and other information provided by you to Skynet is subject to the Skynet privacy policy.

8. WARRANTY AND LIMITATION OF LIABILITY​

8.1 You agree that your access to, and use of, the Service and the Information is on an “as is”, “as available” basis and Skynet specifically disclaims any representations and warranties, whether express or implied, including without limitation, any representations or warranties of merchantability or fitness for a particular purpose. These Terms of Use do not give you any rights against third party information providers with respect to use of Information.

8.2 Skynet and its affiliates, shareholders, directors, officers, employees and licensors (the “Skynet Parties”) will not be liable (jointly or severally) to you or any other person as a result of your access to or use of the Services or the Information whether for direct, indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits and lost revenues (collectively, the “Excluded Damages”), whether or not characterized in negligence, tort, contract or other theory of liability, even if any of the Skynet Parties have been advised of the possibility of or could have foreseen any of the Excluded Damages, and irrespective of any failure or an essential purpose of a limited remedy. If any applicable authority holds any portion of this section to be unenforceable, then the Skynet Parties’ liability will be limited to the fullest extent permitted by applicable law. Without limitation to the foregoing, the total liability of Skynet under these Terms of Use shall not exceed the Fees paid by you for your access to the Service in the immediately preceding period of 12 months.

8.3 The Web Content is not included as Information for the purposes of these Terms of Use and Skynet does not accept any liability in relation to the Web Content.

9. NOTICES​

Notices shall be sent to the email address that you provide upon registration. Any notices from you must be sent to Skynet email at skynet@skynet-inno.com. Notice shall be deemed received on the date sent.

10. GENERAL​

10.1 These terms of use represent the entire agreement between both parties relating to the Service and supersede all prior agreements and representations. No failure or delay by any party in exercising any right, power or remedy under these terms of use shall operate as a waiver of any such right, power and/or remedy. Neither party will be liable for any loss or failure to perform an obligation due to circumstances beyond its reasonable control.

10.2 The official language of these terms of use shall be the English language and no translation into any other language may be used in their interpretation.

10.3 These terms of use shall be governed by, construed and take effect in accordance with the laws of the Hong Kong Special Administrative Region without regard to any conflict or choice of law principles.

BY USING THE SERVICE, YOU:​

  • agree to be bound by these Terms of Use and;
  • warrant that the information that you have provided through registration is true and accurate; and
  • further warrant that you are over the age of 18 and are legally able to bind yourself to these Terms of Use.

DATA PROCESSING PRINCIPLES SCHEDULE​

  • Skynet and you shall comply with their respective laws and regulations within the jurisdictions in which they process the Data and the Data Processing Principles set out below.

    1. Purpose limitation: Data may be processed and subsequently used or further communicated only for the following purposes: (a) assisting in complying with legal duties and regulations which apply to you; (b) performing a statutory role as a Governmental organization; or (c) performing law enforcement duties.
    2. Data quality and proportionality: Data must be accurate and, where necessary, kept up to date. The Data must be adequate, relevant and not excessive in relation to the purposes for which they are transferred and further processed.
    3. Transparency: Individuals must be provided with information necessary to ensure fair processing (such as information about the purposes of processing and about the transfer), unless such information has already been given by Skynet.
    4. Security and confidentiality: Technical and organizational security measures must be taken by you that are appropriate to the risks, such as against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, presented by the processing.
    5. Rights of access, rectification, deletion and objection: An Individual must, whether directly or via a third party, be provided with the Information about him/her that an organization holds, except for requests which are manifestly abusive, based on unreasonable intervals or their number or repetitive or systematic nature, or have been dismissed by the relevant data protection authorities, or when doing so would be likely to seriously harm your interests or other organizations dealing with you and such interests are not overridden by the interests or fundamental rights and freedoms of the Individual. The sources of the Data need not be identified when this is not possible by reasonable efforts, or where the rights of persons other than the Individual would be violated. An Individual must be able to have the Data about him/her rectified, amended, or deleted where it is inaccurate or processed against these principles. If there are compelling grounds to doubt the legitimacy of the request, Skynet or you may require further justifications before proceeding to rectification, amendment or deletion. Notification of any rectification, amendment or deletion to third parties to whom the Data have been disclosed need not be made when this involves a disproportionate effort. The burden of proof for any refusal rests on you or Skynet, and the Individual may always challenge a refusal before the relevant data protection authorities.
    6. Sensitive Data: You shall take such additional measures (e.g. relating to security) as are necessary to protect such Sensitive Data in accordance with its obligations under the Terms of Use.
    7. Automated decisions: For purposes hereof “automated decision” shall mean a decision by Skynet or you which produces legal effects concerning an Individual or significantly affects an Individual and which is based solely on automated processing of Information intended to evaluate certain personal aspects relating to him/her, such as his/her performance at work, creditworthiness, reliability, conduct, etc. You shall not make any automated decisions concerning Individuals, except when (a) (i) such decisions are made by you in entering into or performing a contract with the Individual; and (ii) the Individual is given an opportunity to discuss the results of a relevant automated decision with a representative of the parties making such decision or otherwise to make representations to that parties; or (b) where otherwise provided by applicable laws or regulations.