Product Application License Agreement
Product Application License Agreement
You are welcome to use the “TIGER TRADE” client software (the “Product”) of Tiger Brokers(NZ) Limited (the “Tiger”). We are dedicated to providing you with more comprehensive and quality service. Before using the Product, please read carefully the content of the Agreement:
Article 1 Definitions
1.1 “You” refers to any natural person, legal person or unincorporated organization using the Product.
1.2 “To use” refers to any behavior including to download, install, apply, visit and any other means of making use of the functions of the Product.
Article 2 Acceptance of Terms of Service
When you click “install” or register to be a user of the Product or actually use the Product by any other means, it shall be deemed as that you have read carefully and agreed to all the terms of the Agreement and you are willing to be bound by the Agreement, and that you have had full knowledge of the possible risks and agreed to undertake all the risks relating to using the Product and its relevant services.
Article 3 Amendment of Terms of Service
3.1 The Tiger has the right to modify or amend the content of the Agreement at any time, and shall announce such modification or amendment at the official website and need not to obtain your prior approval. Therefore, please notice the update of the Tiger official website from time to time. Any modified or amended term shall take effect upon the date of announcement.
3.2 If you continue to use the Product after the Agreement is modified or amended, it shall be deemed as that you have read, understood and accepted the terms upon modification or amendment. If you refuse to accept, you shall immediately cease using the Product and the services of the Tiger, or ask the Tiger to cancel your qualification of user after informing it of your objection in a timely manner.
Article 4 Register of User Account
4.1 Steps for registering the Tiger user account: Log in the Tiger official website or the Product, and enter the account register interface; then type in your valid personal mobile phone number and the instant verification code, and you can register to be a Tiger user.
4.2 Once you have registered to be a Tiger user, it shall be deemed as that you have agreed to authorize the Tiger to send your mobile phone number a variety of text massages including but not limited to the account security prompt massage, mobile phone log-in verification code, password modification prompt massage, product marketing massage, special offers and other commercial massages.
4.3 Upon your successful register of the user account, the account use right shall belong to you and the account ownership shall belong to the Tiger. You shall provide the timely, detailed and accurate personal information and update your register information from time to time. In case of any problem, controversy or dispute incurred from your inauthentic, inaccurate, illegal or invalid register information, you shall assume the relevant consequences and liabilities by yourself, and the Tiger shall not be involved therein and be entitled to cease providing you with any service.
4.4 Your user account and password shall be only used by yourself rather than transferred or lent to any other person in any form. If you find that your personal account is used by any other person illegally or with any security vulnerability, please notify the Tiger immediately. In the event that the account and password is illegally used, stolen or disclosed due to hacking or the user’s negligence of custody, the Tiger shall not assume any responsibilities.
4.5 In case that it is found that the same account and password is logged in and used by multiple persons simultaneously, the Tiger may contact the original registered user of said account immediately and has the right to suspend or cease the user qualification of said account without assuming any liabilities.
Article 5 User Privacy Protection
It has been the Tiger’s important principle to respect and protect the user privacy, and the Tiger will not disclose or provide any third person with your register or personal information unless:
5.1 when we have obtained your explicit authorization in advance;
5.2 when we have to provide your personal information so as to apply for or provide you with the products and services which you require according to your needs;
5.3 for the necessity of performing the Tiger’s responsibilities or protecting its legal rights;
5.4 for the necessity of law enforcement or regulation by the judicial, administrative or other competent supervision authority.
5.5 for the necessity of disclosure in accordance with applicable laws, rules or regulations.
Article 6 User Permission
6.1 To download, install and use: The Product is a , and you may download, install and use the Product for non-commercial purpose without limit on the number.
6.2 To copy and transmit: You may copy and transmit the Product for non-commercial purpose without limit on the number, however, you shall guarantee that each copy and transmission is complete and authentic, including all the software, electronic documents and trademark relating to the Product and all the content of the Agreement.
6.3 The term of service of the Product shall commence from the day of successful register of your user account.
Article 7 User Management
7.1 To regularize the user behavior of using the Product, please undertake as below to the Tiger:
(i) to use the Product in compliance with the laws, rules, regulations, normative documents and the Agreement.
(ii) neither to conduct reverse engineering, reverse compiling or reverse assembly to the Product, nor to alter any resource compiled in the internal program files.
(iii) since the Product is licensed to be used as a single product, you shall undertake not to use it upon disassembling for any purpose.
(iv) not to use it for the purpose of operation by means of sale, leasing, lending, gifting or transfer.
(v) not to use the Product for any illegal purpose or by any illegal method, and to observe the applicable laws, regulations and international conventions concerning the use of internet products.
(vi) not to conduct any behavior that is illegal or infringes any other person’s rights and interests by making use of the services provided by the Tiger.
(vii) not to publish or transmit any speech, article or information that may jeopardize national security, undermine national unity, advocate heresy and feudal superstition, be obscene or violent, insult or slander any other persons or be involved in subornation through the Product.
(viii) not to illegally break in any other computer information networks, embezzle any other persons’ computer information resources, tamper with the computer data and applications in a malicious way, produce and transmit the computer virus by design or conduct any other behavior that may jeopardize the security of computer information network by using the Product.
(ix) not to carry out any other behavior that shall be prohibited or restricted by law.
7.2 You shall independently assume the liabilities for all your behaviors of using the Product and services. In case that the Tiger finds out that any of your behaviors violates the commitments above, it shall have the right to take measures immediately such as cut off the transmitted content, save the transmission records, close the user account or delete the link of infringement, and may report the same to the competent supervision authority if necessary.
Article 8 Intellectual Property
8.1 The Tiger enjoys independent and complete ownership and intellectual property over the software, programs, product structures and designs used by the Product. Any person shall neither arbitrarily use, modify, reproduce, transmit, restructure, spread, issue, publish, restore or decode the Product without authorization, nor conduct reverse compiling to the Product to obtain the source code or extract the essential parts of the Product for other application, otherwise it shall be deemed as infringement.
8.2 The Tiger and other obligees enjoy independent and complete ownership and intellectual property over the quotation, information, top posts, pictures, data and archives of the Product and services. Without prior written approval of the Tiger and other obligees, any person shall neither arbitrarily copy, reprint, tamper with, or quote the relevant content of services for commercial purpose without authorization, nor shall make use of the aforesaid information and content to charge any improper fees from any other person, otherwise it shall be deemed as infringement.
8.3 In the event that your behavior infringes the intellectual property of the Tiger or any other obligees, resulting in any loss to the Tiger or any other third person, you shall assume all the liabilities for damage by yourself including but not limited to the litigation fee and attorney fee.
Article 9 Risk Prompt
9.1 You should have sufficient knowledge of the risks of portfolio investment. All the financial consultation and market quotation data provided by the Tiger are for your reference only. During the use of the Product, you shall neither regard the information and data above as explicit or implied commitment of income from investment of stock and futures, nor deem the same as advice on selection/ deal of any specific varieties of securities, nor take it as the feasibility analysis, prediction or suggestion on the trends of the stock market/ varieties of securities and investment securities, or consultation/ advice of securities investment of any other forms.
9.2 The Tiger and its affiliated companies will try to guarantee the reliability and accuracy of the information which we have provided, however, we are incapable of ensuring the absolute reliability and accuracy. You have to cautiously judge the accuracy of the price quotes, charts, comments, purchase or other information relating to the Product, which shall only be used for reference.
9.3 If you operate the securities investment based on the data and information provided by the Tiger, you shall assume all the risks and losses by your own, and the Tiger shall not bear any liabilities of breach, infringement or any other civil liabilities for the risks or losses that may be incurred from your investment decisions.
Article 10 Disclaimer
10.1 You shall confirm that you are informed of the functions of the Product and the necessary operations for fulfillment of said functions, and voluntarily choose to use the Product and relevant services based on your own needs. Any risks or consequences due to the use of the Product and relevant services shall be completely borne by yourself rather than the Tiger.
10.2 The Product has been tested in a detailed and rigorous way, however, we cannot guarantee that it is completely compatible with all software and hardware systems or that no bug exists in the Product. In case of incompatibility or software bug, you may contact the Tiger to get corresponding technical assistance.
10.3 Within the maximum scope allowed by applicable laws, as to any loss and risk incurred from the use or failure of use of the Product, including but not limited to the direct or indirect personal impairment, loss of commercial profit, trade suspension, loss of business information or any other economic loss, the Tiger shall nor assume any liabilities.
10.4 As to the loss incurred from the telecommunications system or internet network failure, computer failure or virus, information breakdown or loss, computer system problems or any other force majeure, the Tiger shall nor assume any liabilities.
10.5 You shall voluntarily take reasonable protective measures when using the Product. The services provided by the Product may cease or break down due to objective factors and result in your inconvenience of use or economic loss. In case of any loss incurred to you from your use or failure of use of the services provided by the Product under such circumstances, the Tiger shall nor assume any liabilities.
10.6 The Tiger will try to maintain the security and convenience of the Product, however, it shall not assume any liability as to the information deletion or memory failure.
10.7 The Tiger will publish or reprint the news, information and articles of exchange provided by the cooperative companies in the Product according to the operation requirements of the company, and we will specify the provider of the content during publication and reprinting. Based on the respect to the intellectual property of the content provider, the Tiger will not make may substantial review or modification to the content provided, thus will not guarantee the authenticity of said content; you shall make judgment by yourself. If you consider that any of the content is involved in infringement or false, please express your opinions to the provider of said content by yourself.
Article 11 Termination of Service
11.1 Under any one of the circumstances below, the services of the Tiger shall be terminated:
(i) You refuse to accept the modified or amended terms of agreement, or no longer use the services of the Tiger as shown by any other forms.
(ii) In case of your behavior that violates the Agreement, the Tiger shall be entitled to terminate the services immediately and cancel your qualification of user without assuming any liabilities of breach.
(iii) In the event that the Tiger fails to continue to provide the services, both parties shall have the right to terminate the services without assuming any liabilities of breach.
11.2 In case of termination of the Tiger services, your qualification of user shall be lost upon the date of such termination, and you shall not have the right to use the Tiger services, and the Tiger shall not bear any obligations to you.
Article 12 Miscellaneous
12.1 The execution, effectiveness, performance, termination and dispute settlement of the Agreement shall be governed by the New Zealand law.
12.2 As to any dispute arising in the execution, effectiveness, performance and termination of the Agreement, the Tiger expects to settle through friendly consultation with you; in case that the consultation fails or the consultation result is not satisfying to you, you and the Tiger shall, upon consent, file a suit to the Auckland District Court of New Zealand for settlement of the dispute.
12.3 In the event that any term of the Agreement becomes completely or partially invalid or not enforceable due to any reason, or violated any applicable law, said term shall automatically become ineffective; however, the other terms of the Agreement shall remain effective and binding.
12.4 The Tiger shall have the right of final interpretation over the Agreement.