Service Agreement
Effective Date: August 1, 2022
Welcome to access and use the APP, PC client software, websites or other online
products and its accompanying products or services (collectively, the “Services”) of
Valuable Capital Financial Company (“VCF” , “We” or “Us”).
Before accessing or using the Services, please read carefully the terms and conditions of
this Service Agreement, the Privacy Policy, and any other agreements, terms, rules,
announcements, notices, and other documents released separately by us applicable to
the Services (collectively, the "Agreement"), and particularly for the terms prominently
identified in bold in this Agreement.
You confirm that you are eligible to access or use the Services and agree to be
bound by this Agreement and that you have had full knowledge of the possible risks
and agreed to undertake all the potential risks that may arise from accessing or
using the Services and its relevant products. If you do not agree to these terms of
use, please do not access or use the Services.
Please note that these terms of this Agreement are subject to change periodically without
notice and at VCF’s sole discretion. Any modified or amended terms shall take effect
upon the effective date agreed in the Agreement or the date of release. Your continued
access to or use of the Service after the amendment or modification of this Agreement
constitutes your consent and agreement to abide by these amended or modified terms.
Article 1 Definitions
1.1 “User” or “You” means any natural person, legal person or other organization
accessing to or using the Services under the Agreement.
1.2 “Access” or “Accessing” means any behavior including but not limited to download,
install, apply, visit and any other means of making use of the Services.
1.3 “Use” or “Using” means any time a User, directly or indirectly, does or attempts to
access, interact with, display, view, print or copy from the Services, transmit, receive
information or exchange data or communicate with the Service, or in any way utilizes,
benefits, takes advantage of or interacts with any function, product, or feature of the
Services.
1.4 “Account” means one or more of account(s) held in the name of the User with VCF for
the purposes of accessing to or using the Services.
Article 2 Register for an Account
4.1You may open an Account on VCF’s app, client software or website in order to use
certain areas and features of our Services. When registering for an Account, you agree toprovide your valid personal mobile phone number, type in the instant valid verification
code for authentication and create a unique password, then you can have an Account.
Once you have registered an Account, it shall be deemed as that you have agreed to
authorize VCF to send your mobile phone number a variety of text messages including
but not limited to the account security prompt message, mobile phone log-in verification
code, password modification prompt message, and you further agree to (a) ensure the
information provided is accurate, truthful, current and complete; (b) maintain and
promptly update your Account information upon any changes; (c) maintain the security of
your Account by protecting your password and restricting access to your Account; (d)
use the Account and password by yourself rather than transfer or lent to any other
person in any way and promptly notify VCF if you discover or otherwise suspect any
security breaches related to the Services; and (e) take responsibility for all activities that
occur under your Account and accept all risks of any authorized or unauthorized access
and assume all the relevant consequences and liabilities incurred from your failure to
comply with the above-mentioned terms, and VCF shall assume no responsibilities.
Please note that successful log in with your own Account and password will be deemed
to have been logged in by yourself. You shall bear all the relevant liabilities in relation to
your Account. If the Account and password is illegally used, VCF shall have the right to
suspend or cease the User qualification of said account without assuming any liabilities.
Article 3 User Conduct and Management
3.1 User Conduct Permission. The Services include interactive areas where you or other
users can post, download, store or transmit content, messages, materials, data,
information, text, music, sound, photos, videos, graphics or other items or materials on
the Services (collectively,“User Content”) or interact with other Users. You may use the
Services for non-commercial purpose and post, download, store or transmit User
Content in accordance with this Agreement. VCF makes no warranties or representations
as to, and has no responsibility or liability with respect to any communications,
transactions, interactions, disputes or any relations whatsoever between you and any
other Users. You understand that VCF cannot and do not endorse or verify any User’s
information, conduct, background, morality and agree that your use of the Services is at
your own risk and you are solely responsible for your use of the Services and such
interactive areas. We may, in our sole discretion, refuse, remove or delete any User
Content without notice. If you become aware of any use of the Service or User Content
that violates these terms of the Agreement, you may notify us by using the reporting tools
provided on our Services.
3.2 User Conduct Restriction. To use the Services, you agree to abide by the terms with
respect to User Conduct Restriction and undertake as below to VCF:
(1) to comply with the applicable laws, regulations, rules, international conventions and
the terms of this Agreement;(2) not to use the Services for any illegal purpose or by any illegal method, including
promoting or encouraging any illegal activity;
(3) not to conduct any actions that is illegal or infringing the rights and interests of any
third party, including without limitation, intellectual property, privacy, publicity or
contractual rights;
(4) not to use the Services in any manner that could interfere with, disrupt, negatively
affect or inhibit other Users from fully enjoying the Services or that could damage,
disable, overburden or impair the functioning of the Services in any manner;
(5) not to publish, transmit or disseminate any User Content that, (a) is unlawful, libelous,
defamatory, harassing, threatening, invasive of privacy or publicity rights, or that would
otherwise create liability or violate any applicable laws and regulations; (b) contains
nudity, sexually explicit content or is otherwise obscene, pornographic, indecent, lewd,
suggestive or sexually exploitative of minors; (c) may disparage any ethnic, racial or
religious group by stereotypical depiction or is otherwise abusive or inflammatory; (d)
contains offensive language or images or is otherwise objectionable; (e) incites violence
or characterizes violence as acceptable, glamorous or desirable; (f) contains unsolicited
promotions, political campaigning, advertising or solicitations, without our prior written
consent; (g) contains private or personal information about another person, unless such
person has agreed to the disclosure of this information; (h)contains viruses, corrupted
data or other harmful, disruptive or destructive file viruses, cancel bots, Trojan horses,
harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged
routing or electronic mail address information or similar methods or technology; (i) may
infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary
right of any party; (j) would constitute, encourage or provide instructions for a criminal
offense or violate the rights of any third party; or (k)carry out, abet or assist any other
person to conduct the above or other behaviors that is prohibited by law.
In case that you violates any of the undertakings above, VCF shall have the right to
terminate or suspend the Services immediately such as cutting off the transmitted
content, saving the transmission records, closing the Account or deleting the link of
infringement, and may report the same to the competent supervision authority if
necessary.
3.3 User Content License. You own all of the User Content that you post to our Services.
If you post User Content to our Services, you hereby grant us a perpetual, worldwide,
irrevocable, non-exclusive, royalty-free and fully sublicensable license to use, reproduce,
display, perform, adapt, modify, create derivative works from, distribute, have distributed
and promote such User Content in any form, in all platforms now known or hereinafter
created to administer, operate, develop and otherwise provide VCF’s Services. You
represent and warrant that (a) you own and control all of the rights to the User Contentthat you post or you otherwise have the right to post such User Content to the Services;
(b) the User Content is accurate, non-confidential, not misleading or harmful in any
manner; and (c) the use and posting of the User Content you provide does not violate the
terms of the Agreement, the applicable laws or rules and will not violate any rights of or
cause injury to any person or entity. If the User Content contains personal data about you,
our Privacy Policy will apply, and we encourage you to review our Privacy Policy for
information about how we will use and share such data upon your consent.
Article 4 Third Party Service
In using our Services, you may have access to products or services provided by the third
parties (“Third-Party Service”), either directly on our Services or through links to
third-party websites, and in some circumstances, we may need to utilize Third-Party
Service to support the Services or provide certain services upon you request. You
acknowledge that in case of accessing or using Third-Party Service, you shall refer to
and agree to be bound by the applicable third party’s terms of use and privacy policy.
VCF will try best to protect your data and privacy from infringement to the greatest extent
possible through the relevant agreements signed with the Third Party Service provider.
However, VCF does not guarantee the security, accuracy, effectiveness and other
potential risks of the products or services provided by any Third Party Service provider.
For any disputes and damages arising therefrom, you shall be solely responsible for the
relevant consequences and liabilities, and VCF shall not assume any responsibilities.
Article 5 User Privacy Protection
VCF respects and protect the Users’ privacy. VCF will protect your personal privacy
strictly in accordance with the requirements of relevant laws and regulations. Please read
our Privacy Policy carefully for more details about the protection of users’ personal data.
Article 6 Intellectual Property
6.1 Unless explicitly specified herein, the software, logos, trademarks, Service structures
and designs, pictures, videos, information, market data, files and other related materials
presented or used on the Services or provided by VCF shall be the proprietary property
of VCF or VCF’s licensors. No rights to such Services or portions thereof, regardless of
the form it appears, are conveyed by the Services or by the accessing thereof by any
User, shall constitute an assignment of right.
6.2 Subject to your compliance with these terms of the Agreement, you are granted a
limited, non-exclusive, non-sublicensable, non-assignable, non-transferable and
revocable license to your personally access to and use of the Services, including but not
limited to download or install VCF’s App on your mobile phone, install the client software
on personal computer or view the market data, all of which shall be for non-commercial
use. Without prior written approval of VCF and relevant right holders, such license doesnot include: (a) any resale or commercial use of the Services; (b) modifying, archiving,
copying, reproducing, distributing, publishing, transmitting, translating or otherwise
making any derivative uses of the Services or any portion thereof, unless expressly
permitted under applicable law or this Agreement; (c) reverse compiling the Service or
extracting the essential parts of the Service for other application; (d) use of any data
mining, robots or similar data gathering or extraction methods to intended to extract data
or information from the Services; (e) make use of the aforesaid information and content to
charge any improper fees from any other person; or (f) any use of the Services other than
for their intended purposes. Any unauthorized use of the Services is strictly prohibited
and VCF will terminate the license granted herein. Such unauthorized use may also
violate the applicable laws, including without limitation copyright and trademark laws.
You shall be solely responsible for any unauthorized use of the Services and assume all
the liabilities thus incurred.
Article 7 Risk Disclosure
7.1 The content and information provided by VCF is analyzed and interpreted based on
publicly available information collected from public sources or is posted or provided by
other Users, partners or other third parties. VCF will endeavor to ensure the accuracy and
reliability of the content and information provided, however, VCF cannot and does not
guarantee its absolute accuracy and reliability, and shall not be liable for any loss or
damage (whether tort or contractual or otherwise) arising out of any inaccuracies or
omissions. You acknowledge and agree that you have to cautiously judge the accuracy
of such content and information, which shall only be used for reference.
7.2 Where you access or use any service platform or pages to obtain relevant services or
carry out relevant operation with reference to the content or information provided by VCF,
you shall assume all the risks and losses by yourself, and VCF shall not bear any liabilities
of breach, infringement or any other civil responsibilities for the risks or losses that may
be incurred from your conducts.
7.3 Under no circumstances should you trust any information about borrowing money,
asking for a password or other property. You should be independent, sober and
objective about the aforementioned information and be cautious about fraud.
ARTICLE 8 DISCLAIMER
THE SERVICES IS PROVIDED ON AN “AS IS”, “AS AVAILABLE ” BASIS. VCF
EXPRESSLY DISCLAIM ANY AND ALL LIABILITIES OF THE SERVICES AND MAKE
NO WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, AS TO THE ACCURACY, ADEQUACY, COMPLETENESS, TIMELINESS,
AVALIBILITY, OR NON-INFRINGEMENT OF ANY INFORMATION, CONTENTS,
MATERIALS, PRODUCTS OR ANY OTHER SERVICES WHETHER THROUGH VCF’S
SERVICES OR IN RESPECT OF ANY OTHER THIRD PARTY SITE LINKED TO VCF’SSERVICES.
WITHOUT THE GENERALITY OF FOREGOING, VCF DOES NOT REPRESENT OR
WARRANT THAT THE SERVICES PROVIDED WILL MEET YOUR REQUIREMENTS,
THAT ACCESS WILL BE UNINTERRUPTED, THAT THERE WILL BE NO DELAYS,
FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION,
THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES
WILL BE TRANSMITTED OR THAT NO DAMAGE WILL OCCUR TO YOUR
COMPUTER SYSTEM. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE
PROTECTION AND BACK UP OF DATA AND/OR EQUIPMENT AND FOR
UNDERTAKING REASONABLE AND APPROPRIATE PRECAUTIONS TO SCAN FOR
COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROPERTIES.
ARTICLE 9 LIMITATION OF LIABILITY
IN NO EVENT SHALL VCF BE LIABLE FOR ANY DAMAGES, LOSSES OR
LIABILITIES INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL DAMAGES, LOSSES OR LIABILITIES, INCLUDING,
BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA,
WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH
YOUR USE OF THE SERVICES OR YOUR RELIANCE ON OR USE OR INABILITY TO
USE THE INFORMATION, MATERIALS, PRODUCTS THROUGH THE SERVICES
PROVIDED BY VCF, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF YOU
ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
Article 10 Applicable Laws and Jurisdiction
10.1 The execution, effectiveness, performance, termination and dispute settlement of
the Agreement shall be governed by the laws of the Kingdom of Saudi Arabia.
10.2 Any dispute arising in the execution, effectiveness, performance and termination of
the Agreement, VCF expects to settle through friendly consultation with you; in case that
the consultation fails or the consultation result is not satisfactory to you, either you or
VCF shall have the right to file a lawsuit to the courts located in Riyadh, Kingdom of
Saudi Arabia.
Article 11 Termination
11.1 The Agreement shall be terminated in the event that,:
(1) You close your Account, discontinue your use of the Services and provide VCF with anotice of termination.
(2) You refuse to accept the modified or amended terms of the Agreement, or uninstall
the Services actively or no longer use the Product and relevant services as shown by any
other ways;
(3) You violate the Agreement; VCF shall be entitled to terminate this Agreement
immediately without notice and terminate your right to use the Service or any portion
thereof, and to block or prevent your future access to and use the Services without
assuming any liabilities of breach;
(4) Force Majeure occurs and results in impossibility to perform the Agreement or
continue to provide the Services; Either you or VCF shall have the right to terminate the
Agreement and Services without assuming any liabilities of breach. “Force Majeure” shall
mean forces beyond reasonable control of any party, including, without limitation, fire,
flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of
transportation or communications and supply shortages.
11.2 In case of termination of the Agreement, regardless of the reasons, your
qualification of User shall become invalid upon the date of such termination and your
right to use this Service immediately ceases. You acknowledge and agree that you shall
immediately deactivate or uninstall the App and all related information and files on your
device and/or bar any further access to such files or this Service, and VCF shall not be
liable to you or any third party for any claims or damages arising out of any termination or
in connection with such termination.
Article 12 Miscellaneous
12.1 Assignment. You may not assign any of your rights or obligations under this
Agreement without prior written consent from VCF. VCF may assign any or all of its rights
under this Agreement, in whole or in part, without obtaining your consent or approval.
12.2 Waiver. Our failure or delay in exercising any right, power or privilege under this
Agreement shall not be construed as a waiver thereof.
12.3 Severability. If any term of this Agreement is deemed unlawful, void, or
unenforceable for any reason, such term shall not affect the validity or enforceability of
any other terms of this Agreement, all of which shall remain in full force and effect.
12.4 Survival. Article 6 (Intellectual Property), 8 (Disclaimer), 9 (Limitation of Liability), 10
(Applicable Laws and Jurisdiction),11 (Termination) will survive any termination of this
Agreement or use of Services.