IMPORTANT – Before accessing this website (the “Site”) and the information therein, please read the following Terms and Conditions (as the same may be amended from time to time, the “Terms”) carefully.
Terms; Amendment. These Terms may be amended by Brilliant (Shanghai) Management Consulting Co., Ltd (“Brilliant”) at any time in Brilliant’s sole and absolute discretion. Further, Brilliant reserves the right, in its sole and absolute discretion, to adopt additional policies, addenda and supplements that apply to any or all of the Terms or the Site. You agree that Brilliant may effect changes to these Terms by posting such changes to the Site or incorporating such changes into the Terms posted on the Site. You further agree that your use of the Site after such changes have been made shall constitute your acceptance of these Terms as so modified. If you do not agree to be bound by these Terms as so modified, do not use, or continue to use, the Site.
Limited License to You. Brilliant grants you a non-exclusive, non-transferable, limited and revocable personal license to access the Site and the information contained herein for informational purposes only in accordance with these Terms and all applicable laws, regulations and other legal requirements (collectively, “Laws”). You may not copy, reproduce, rebroadcast, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload, create derivative works from, transmit or otherwise exploit any part of the Site or any of the information provided in the Site, in whole or in part, without the prior written consent of Brilliant, which consent may be withheld in Brilliant’s sole and absolute discretion. This license is conditioned on your continued compliance with these Terms. Further, Brilliant reserves the right to revoke or modify this license at any time. Your continued use of this Site after any modification of this license by Brilliant conclusively shall be deemed to be your acceptance of the modified license terms.
License to Brilliant. You grant Brilliant and the Brilliant Entities a non-exclusive, irrevocable and perpetual license to use Your Content (defined below) for any and all of the Permitted Purposes (defined below). The license granted to Brilliant and the Brilliant Entities pursuant to this Paragraph commences with respect to any of Your Content immediately upon the writing, posting, upload or other placement of any of Your Content and continues in perpetuity. Such license shall not be affected by the removal of any of Your Content from the Site, whether removed by you or Brilliant, by your rejection of these Terms at any time or by your subsequent failure to use the Site. Brilliant may assign or otherwise transfer its rights under this license to any other person or entity in Brilliant’s sole and absolute discretion. As used herein, “Your Content” shall mean any writing, posting, upload or other placement on the Site any text, writing, summary, photograph, depiction, formula, video or audio recording or any other content or material of any nature whatsoever. As used herein, “Permitted Purposes” shall mean any purpose in furtherance of or related to the business interests of Brilliant or any of the Brilliant Entities as determined by Brilliant in its sole and absolute discretion including, without limitation, publishing or otherwise publishing any of Your Content on the Site or any other website, transmitting any of Your Content to any person or entity, modifying or preparing derivative works of any of Your Content, incorporating any of Your Content in any other data, calculations, content or other materials generated by Brilliant or any of the Brilliant Entities or by any third party on behalf of Brilliant or any of the Brilliant Entities, utilizing any of Your Content for direct marketing purposes, storing any of Your Content for such time as determined in the sole and absolute discretion of Brilliant and any other copying, recompiling, decompiling, disassembling, reverse engineering, downloading, uploading or otherwise exploiting of any of Your Content.
“As Is”. The Site and any information and material available on or through the Site, including without limitation any links to third party sites, is provided on an “as is” basis at your sole risk. You acknowledge and agree that Brilliant has no obligation, but Brilliant reserves the right, to update any content in or provided through the Site, including but not limited to any terms, prices, opinions, projections, forecasts, estimates or other matters set out in the Site (including, without limitation, any documents made available in or through the Site), and that any illustration of the past performance of any investment or transaction does not provide any indication of, or represent any warranty or guarantee of, any future results. You further acknowledge and agree that any information made available in or through the Site does not constitute any accounting, financial, investment, legal, tax or other professional advice and you agree not to rely on such information. Brilliant recommends that you consult your professional and legal advisors with respect to any investment or transaction that you consider.
Disclaimer. Brilliant disclaims any express or implied warranties of merchantability or fitness for a particular purpose with respect to the Site or any information available in or through the Site. Brilliant specifically disclaims any warranty with respect to the accuracy or completeness of any information provided in or though the Site and any results expressed or implied by or through your use of the Site including, without limitation, the performance of any investments that you previously may have made, or may in the future make, with or through Brilliant. The Site may contain links to third-party websites that are not owned or controlled by Brilliant. You acknowledge and agree that Brilliant assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. Brilliant reserves the right to make or otherwise recommend investments or transactions that conflict with or otherwise are contrary to any information provided in or through the Site.
No Offer; No Solicitation. The Site and the information contained in the Site are made available for your private information only. Brilliant does not solicit any action from you or provide any advice to you by or through the Site or any information contained therein. Brilliant further does not make any offer to you to enter into any transaction or investment by or through this Site or the information contained therein. Neither this Site nor any information provided in the Site has been registered or otherwise approved by the Hong Kong Securities and Futures Commission (the “SFC”) or any other governmental or quasi-governmental entity or agency. None of the Brilliant Entities (defined below) holds an SFC license.
Covenants. You agree to comply with all procedures, requirements, restrictions instructions and/or conditions regarding the access and use of the Site that Brilliant may issue from time to time. You further agree to comply with all Laws applicable to your use of the Site, any of Your Content that may be posted, uploaded or otherwise placed on the Site and/or the information obtained by or through this Site.
Representations and Warranties. You represent and warrant that (a) if you are a resident of the Hong Kong Special Administrative Region (“Hong Kong”), you are a “professional investor” within the meaning of Schedule 1 of the Hong Kong Securities and Futures Ordinance (Cap. 571), as the same may be amended from time to time and (b) if you are not a resident of Hong Kong, your use of the Site any the information contained in or though the Site does not violate applicable Laws of the jurisdiction where you are resident.
Security. If you have been assigned any login, password or other method (collectively, “Access Codes”) permitting you to access and use the Site or any portion thereof, you shall keep all Access Codes strictly confidential and shall not disclose to, or allow any third party to share, any Access Codes. You agree to notify Brilliant immediately upon any loss or misappropriation of any Access Codes and comply with any request of Brilliant with respect to any lost or misappropriated Access Codes. You acknowledge and agree that Brilliant reserves the right to disable or otherwise terminate any of your Access Codes if Brilliant determines, in its sole and absolute discretion, that your account may have been improperly accessed or that any person utilizing any of the Access Codes presents a security or operational risk to the Site or is utilizing the Site in a manner that does not comply with any applicable Laws. Further, you agree to comply with all procedures as may be adopted by Brilliant, in Brilliant’s sole and absolute discretion, from time to time with respect to resetting any Access Codes.
Linking; Framing. Brilliant prohibits the use of any links to the Site from any other websites unless such link is approved in writing by Brilliant prior to its establishment. Such approval may be withheld by Brilliant in its sole and absolute discretion. From time to time, Brilliant periodically may provide links to one or more third party websites. These Terms only apply to the Site and not any such linked third party websites (each, a “Linked Site”). Brilliant’s decision to link a Linked Site is not an endorsement of the content or services of such Linked Site. If you access any Linked Site, you do so at your sole risk. Kindly direct any concerns regarding any Linked Site to the administrator of such Linked Site.
Limitation of Liability. To the maximum extent permitted by applicable Laws, you agree that Brilliant, its shareholders, its affiliates and their respective direct and indirect subsidiary and affiliated entities (whether wholly or partially owned or controlled) (collectively, the “Brilliant Entities”) and the Brilliant Entities’ respective directors, officers and employees (collectively, the “Brilliant Parties”) shall not have any liability whatsoever to you or any third party for any loss, damage or liability (including without limitation any direct, indirect or consequential loss or any lost profits or lost opportunities) suffered by you or any third party arising from, related to or in connection with (a) the accuracy, completeness or content of the Site, (b) the accuracy, completeness or content of any sites linked (through hyperlinks, banner advertising or otherwise) to the Site, (c) any sites linked (through hyperlinks, banner advertising or otherwise) to the Site, (d) personal injury or property damage of any nature whatsoever, (e) third-party conduct of any nature whatsoever, (f) any unauthorized access to or use of the Site and/or any and all content, personal information, financial information or other information and data stored therein, (g) any interruption or cessation or services to or from the Site or any sites linked (through hyperlinks, banner advertising or otherwise) to the Site, (h) any viruses, worms, bugs, Trojan horses, malware or programs of a similar nature which may be transmitted to or from the Site or any sites linked (through hyperlinks, banner advertising or otherwise) to the Site, (i) any content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or (j) any loss or damage of any kind incurred as a result of your use of the Site, whether such loss or damage is based on warranty, contract, tort or any other legal or equitable theory, and whether or not any of the Brilliant Parties is advised of the possibility of such damages.
Indemnification. To the maximum extent permitted by applicable Laws, you agree to indemnify, defend, protect and hold harmless the Brilliant Parties from and against any and all claims, costs, damages, demands, expenses, liabilities and losses of every kind and nature (including, without limitation, attorneys’ fees and litigation expenses on a full indemnity basis) imposed upon or incurred by any of the Brilliant Parties directly or indirectly arising from (a) your use of and access to the Site, your posting, upload or other placement of any Your Content on or to the Site, and/or any information obtained by or through the Site; (b) your violation of any provision of these Terms; and/or (c) your violation of any third-party right, including without limitation any intellectual property or other proprietary right or injury of any third-party. The indemnification obligations under this Paragraph shall survive any termination or expiration of the Terms and any cessation of your use of the Site.
Miscellaneous. The titles and headings in these Terms are for convenience and reference only, and shall not be used to explain, modify, amplify or aid in the interpretation, construction or meaning of any provision of these Terms. You acknowledge and agree that your right to use the Site is personal to you. You shall not license or permit, or purport to license or permit, any third person or legal entity to use the Site, any information on the Site or any Access Codes provided to you, whether or not for financial or other consideration. Failure or delay by Brilliant to enforce any of its rights under these Terms or the giving of additional time for performance or other indulgence is not a waiver of such right unless Brilliant acknowledges the waiver in writing, nor will any single or partial exercise of any right or remedy preclude any further exercise of the same or the exercise of any other right. No waiver of any particular breach of any provision of these Terms will operate as a waiver of any repetition of such breach. Nothing in these Terms shall be deemed to confer any third party rights or benefits. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. Each covenant and agreement in these Terms shall be construed for all purposes to be a separate and independent covenant or agreement. If any provision of these Terms shall contravene or otherwise be invalid under any applicable Laws, such contravention or invalidity shall not invalidate any other provisions of these Terms, but rather it shall be construed, insofar as the applicable Laws are concerned, as not containing the provision or provisions (or portions thereof) contravening or invalid under such applicable Laws, and the rights and obligations created hereby shall be construed and enforced accordingly. These Terms constitute the entire understanding between you and Brilliant in relation to the Site and your use thereof and supersede all prior agreements, negotiations and representations between the parties, whether oral or written. These Terms shall be governed by and construed in accordance with the laws of Hong Kong. You and Brilliant agree to submit any difference or disputes arising in connection with these Terms and your use of the Site to the non-exclusive jurisdiction of the courts of Hong Kong.
Provisions for United States Citizens or Residents. None of the shares or other ownership interests of any of the Brilliant Entities and no interest in any investment made by or managed by any of the Brilliant Entities has been registered under the United States Securities Act of 1933 as amended (the “Securities Act”) with any United States federal or state agencies, and, subject to certain exceptions, may not be offered or sold within the United States or to, or for the account of, “US Persons” (as such term is defined in Regulation S under the Securities Act). US Persons are not permitted to access the Site or the information contained therein unless they have express written permission from Brilliant to do so (which permission may be granted by Brilliant in circumstances where such US Person has given Brilliant certain undertakings). The Brilliant Entities do not offer any services or securities in the United States or to US Persons through the Website.
Publication. This Site is published and issued by Brilliant. Brilliant reserves any and all rights, including without limitation any copyright, trademark, patent and other intellectual property rights, regarding the information provided in or through the Site.