Terms of use of our website

Last updated 1 February 2024

We are Armor Cane Limited, doing business as Armor Capital ('Company', 'we', 'us', or 'our'), a company registered in Hong Kong, whose address is 5/F., United Centre, 95 Queensway Admiralty, Hong Kong.

We operate the website https://www.armor-capital.com (the 'Site'), as well as any other related services that refer or link to these terms of use (the 'Terms'). These Terms explain how you may use the Site, which is provided by us free of charge.

If you have any questions about the Site, please contact us by email at admin@armor-capital.com.

You should read these Terms carefully before using the Site. By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.

We reserve the right to make changes or modifications to these Terms from time to time. We will alert you about any changes by updating the 'Last updated' date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.

1. USING THE SITE

The Site is for your personal and non-commercial use or internal business purpose only. The information provided when using the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site does not offer users to submit or post content.

We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at admin@armor-capital.com.

Subject to your compliance with these Terms, including section 2 below, we grant you a non-exclusive, non-transferable, revocable licence to access the Site and download or print a copy of any portion of the Content to which you have properly gained access.

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Site ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

By sending us Submissions through any part of the Site you:

  1. confirm that you have read and agree with our Terms and will not post, send, publish, upload, or transmit through the Site any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  2. to the extent permissible by applicable law, waive any and all moral rights to any such Submission; warrant that any such Submission are original to you or that you have the necessary rights and licences to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
  3. warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

As a user of the Services, you agree not to:

  1. retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
  2. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
  3. use any information obtained from the Site in order to harass, abuse, or harm another person;
  4. use the Services in a manner inconsistent with any applicable laws or regulations;
  5. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services;
  6. delete the copyright or other proprietary rights notice from any Content;
  7. attempt to impersonate another user or person or use the username of another user;
  8. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms');
  9. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
  10. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site, except as permitted by applicable law;
  11. make any unauthorised use of the Site, including collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;
  12. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content and/or the Marks for any revenue-generating endeavour or commercial enterprise;
  13. use the Site to advertise or offer to sell goods and services.

2. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Site, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Site (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').

Our Content and Marks are protected by the applicable copyright and trademark laws (and various other intellectual property rights and unfair competition laws).

The Content and Marks are provided in or through the Site 'AS IS' for your personal, non-commercial use or internal business purpose only.

Except as set out in this section or elsewhere in our Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Content or Marks other than as set out in this section or elsewhere in our Terms, please address your request to admin@armor-capital.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Content or Marks, you must identify us as the owners or licensors of the Content or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content or Marks.

We reserve all rights not expressly granted to you in and to the Content and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and your right to use our Site will terminate immediately.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorised purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Site.

4. SOFTWARE

We may include software for use in connection with our Site. If such software is accompanied by an end user licence agreement ('EULA'), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal and non-transferable licence to use such software solely in connection with our Site and in accordance with these Terms. Any software and any related documentation is provided 'AS IS' without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms.

5. THIRD-PARTY WEBSITES AND CONTENT

The Site (or you may be sent via the Site) links to other websites ('Third-Party Websites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ('Third-Party Content'). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

6. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who violates the law or these Terms, including reporting such user to law enforcement authorities, and (3) manage the Site in a manner designed to protect our rights and property and to facilitate its proper functioning.

7. PRIVACY POLICY

We care about your personal data. Please review our Privacy Policy: https://www.armor-capital.com/privacy-policy/. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Site is hosted in Hong Kong. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Hong Kong, then through your continued use of the Site, you are transferring your data to Hong Kong, and you expressly consent to have your data transferred to and processed in Hong Kong.

8. TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE.

9. MODIFICATIONS, INTERRUPTIONS AND CORRECTIONS

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site and its Content. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

10. LIMITATIONS OF LIABILITY

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for (a) any losses that were not foreseeable to you and us when these Terms were formed or that were not caused by any breach on our part; (b) business losses; and (c) losses to non-consumers.

11. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing its performance, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

12. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

13. MISCELLANEOUS

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms. Relevant Hong Kong law will apply to these Terms. If you want to take court proceedings, the relevant courts of the Hong Kong will have exclusive jurisdiction in relation to these Terms.

14. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding the use of this Site, please contact us at:

Armor Cane Limited, trading as Armor Capital
United Centre, 5/F, 95 Queensway Admiralty, Hong Kong
admin@armor-capital.com