TERMS AND CONDITIONS

1.  These terms and conditions ("Terms") apply whenever you visit https://www.capstone72.com/ or any other related website https://www.capstone-72.com/ or online portal(s) as the case may be ("Website"), access the content thereof, enrol to any of the course, and/or engage in any services provided by Capstone 72 Academy Limited, Capstone 72 Properties Global Limited, and/or any of their affiliated and related company ("Company") (collectively referred to as "Services").

2. You should read these Terms carefully before using our Services. By accessing and/or using our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and the documents referred to therein where applicable and any amendments thereto to be made by the Company from time to time.

3. Accessing and using content on Our Website or Services
   3.1. You agree to comply with these Terms when accessing and using content of the Website or Services. You are responsible for all your use of the content.
   3.2. We reserve the right to amend the scope of your access, suspend or terminate your access to our Website and Services from time to time without prior notice.
   3.3. The content of the Website, our course and Services is solely for your personal and non-commercial use. With your enrollment to our course, we grant you a limited, non-exclusive, non-transferable, license to access the course content and view on a streaming-only basis our course content through the Website. Except for the foregoing limited license, no right, title or interest in relation to the course content shall be transferred to you. You agree not to distribute, publish, reprint, report, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, use or upload any portion of the content of the course for any commercial purposes or any other unauthorized purposes. The use of the content for any commercial purpose without our prior consent shall constitute a material breach of these Terms. We may revoke your license at any time in our sole discretion. Upon such revocation, you must promptly discard and destroy all content downloaded or otherwise obtained through the Website, as well as copies of any such materials.
   3.4. Except otherwise agreed by the Company, relevant Services are made available to you for a period of 12 months from the date of first payment of the relevant Services. Upon the expiry of the said 12-month period, regardless of whether or not the relevant Services have been fully or partially utilized, we would be deemed to have fully performed the relevant Services and obligations in relation thereto. Any unused Services will be forfeited, and you shall have no right to make any claim against the Company.
   3.5. You may be required to register with us and provide personal details on our enrollment form or enrollment agreement in order to access and use certain features of the Website (including any course that you have enrolled). You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Website's registration form or as provided in our enrollment form or enrollment agreement. Registration data and certain other information about you are governed by our privacy policy available on the Website.
   3.6. All the rights and interests pertaining to the limited license granted to you (if any) are personal to you. You may never use another's account, and you may not provide another person with the username and password to access your account. You should maintain control over all of the devices that have access to your account.
   3.7. If you fail to maintain control of a device, other users may access the course through your account and may be able to access certain of your account information. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Website. We will not be liable for any loss or damage arising from your failure to comply with these Terms or the terms of any agreement you have entered into with us in relation to our Services.

4. Ownership of content of our Website and course
   4.1. The Website, content, course material and all intellectual property rights therein are owned by us. Content shall include but not limited to any text, pictures, audio, video data and page design, layout and software. Intellectual property rights mean rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). You must not use our trademark unless prior written consent is obtained from us. We reserve all of our rights in any intellectual property in connection with our Services and we remain owners of them and free to use them as we see fit.
   4.2. Nothing in these Terms grants you any legal rights in this Website, the content contained herein and in our course other than as necessary to enable you to access and use the Website and our Services. You agree not to adjust, to try to circumvent or delete any notices contained on the Website (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within this website.

5. Accuracy of information and others
   5.1. While we try to make sure that all content on our Website and in the materials produced by our end including the content of our course is accurate, up-to-date and free from bugs, no representation, warranty or guarantee, expressed or implied, is given by the Company as to the accuracy, or completeness of such information, or the appropriateness for its use in any particular circumstance. The markets are dynamic and subject to change, and the information we provide may become outdated or inaccurate over time. You should independently verify any information to ensure for yourself that the information provided to you is reliable, complete, and accurate before relying on it for investment purposes. We also cannot promise that our Website and information shared in our course will be fit or suitable for any purpose. You assume the risk on your own for any reliance that you may place on the information provided by the Company. The Company does not accept responsibility or liability for any errors, omissions, or for any loss, damages or any other consequences from the use of or reliance on any such information or any unauthorized information provided by its agents or any other persons. You undertake to waive any rights, remedies or claims which you may have in respect of any misrepresentation, inaccuracy or omission in any information supplied or given by the Company or its agent in connection with any transaction in connection with the Services.
   5.2. Content provided on the Website, in our course and other Services is provided for educational and your general information purpose only and is to inform you about us, our course, news, features, services and other websites and information that may be of interest as the case may be. These information are prepared on a good faith basis and/or based on third-party information available to the Company or its agents at the relevant time. It does not constitute any type of advice or standard and should not be relied on for any purposes. We do not provide personalized investment advice, and any investment decisions you make are solely based on your own judgment and at your own risk.
   5.3. Our course materials or our Website may contain links to third-party websites, articles, or other sources of information or information that may otherwise be provided to the Company. We are not responsible for the content, accuracy, or availability of such information. Any reliance on such information is at your own risk.
   5.4. Content of our course may be rolled out in phases at the discretion of the Company. We may also suspend or terminate operation of our course or Website or any part thereof at any time as we think appropriate. While we try to make sure that the course or Website is available for your use, we do not promise that the course or Website is available at all times nor do we promise uninterrupted access and use by you of the content of our course or Website. You agree not to initiate or pursue any claims, actions, or legal proceedings against the Company in relation to the aforesaid or assist, support or procure any person in such activities.

6. Risks of investing
   6.1. Investment involves inherent risks, including but not limited to market volatility, economic downturns, changes in governmental regulations, and the potential for loss of capital. Past performance is not indicative of future results, and no guarantee or representation is made regarding future investment performance or the success of any investment strategy.

7. No endorsement or recommendation and disclaimer
   7.1. The information provided by the Company does not constitute an endorsement, recommendation, or solicitation of any investment product, service, or strategy, or any surveying or professional advice. We do not endorse or recommend any specific investment opportunity, and we encourage you to conduct thorough research and seek professional advice before making any investment decisions.
   7.2. The property in relation to our Services is a property located outside Hong Kong. Pursuant to the exemption under Chapter 511B of the Laws of Hong Kong on dealing exclusively with properties outside Hong Kong, the Company is not licensed to deal with any property situated in Hong Kong.
   7.3. Before making any decision to invest (whether directly or indirectly), you should seek independent and professional advice of relevant legal, surveying and accounting professionals. All details and information provided to you are subject to the terms and conditions of those contained in the relevant agreement(s) executed or to be executed in respect of the transaction. The Company suggests you to engage an independent firm of lawyers for advice in relation to any transaction with the Company. Should you engage any firm referred by the Company, including but not limited to legal practitioners, financial institutions, tax advisories, mortgage intermediaries and renting management companies, etc., the Company shall not be held responsible or liable for any disputes between yourself and any of the engaged parties.
   7.4. You acknowledge that you have been afforded the opportunity to obtain independent legal advice and confirm by agreeing to these Terms, you have either done so or have waived the right to do so and agree that you are estopped from raising any claim on the basis that you have not obtained such advice. You acknowledge and confirm that you are fully responsible for any investment and purchase of property decision you made and the Company expressly disclaims all responsibilities and liabilities arising therefrom howsoever caused.
   7.5. The Company shall not be responsible for or assume any liability arising from any act performed by any third party whether such third party is engaged by the Company or by you directly.

8. Limitation on our liability
   8.1. The Company, its affiliates, directors, officers, employees, or agents shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or relating to your use of the information provided by us or your reliance on any investment decisions made based on such information.
   8.2. The limitations of liability in this section apply for the benefit of us, our affiliates and all of our respective officers, directors, employees, agents or any company who we transfer our rights and obligations to in accordance with these Terms.

9. Compliance with laws
   9.1. You are responsible for complying with all applicable laws and regulations governing your investments and we do not warrant or represent that your action in relation thereto comply with the laws or regulations of any jurisdiction.

10. Payment
    10.1. The fees for our course or Services you engaged are charged, due and payable as per the terms as set out in the Service Agreement (as defined herein). You agree and acknowledge that any payment for the course you enrolled or other Services you engaged shall be paid in full to the Company. Your payment obligation is irrespective of whether you have started or taken part in any part of the course or Services. If the payment or any part thereof is not successful as informed by the Company, you shall pay the outstanding payable amount to the Company as soon as possible and in any event within 2 business days thereafter by way of bank transfer, Faster Payment System (FPS), Payme, cheque or otherwise instructed by the Company. In the event that the payment is not successfully made within the said 2 business days, the Company reserves the right to deny your access to the content of our course and/or any Services and terminate any Service Agreement (as defined herein) forthwith without prior notice, and to claim for any losses, damages, costs and expenses incurred as a result thereof.
    10.2. You agree and acknowledge that any such payment you made is irrevocable, non-refundable, and non-creditable under any circumstances, including but not limited to cancellation, termination, or withdrawal of the course or any Services. The Company shall not be held liable for any direct, indirect, special, incidental, or consequential damages arising out of or in connection with the non-refundable payment you made.
    10.3. To the extent the course or any Service is made available for any fee (with or without a payment plan), you may be required to provide the Company with information regarding your credit card or other payment instrument. You represent and warrant to the Company that all such information provided to the Company is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the Company the fee as agreed. In the event where a payment plan is in place, you agree to pay the amount that is specified in the payment plan (including any applicable fees or charges) in accordance with the terms of such plan and any Service Agreement (as defined herein). You hereby authorize the Company to bill your payment instrument in accordance with the terms of the applicable payment plan (if any) (for payment of the fee including any applicable fees or charges) and any Service Agreement (as defined herein), and you further agree to pay any charges so incurred. We reserve the right to change the fee for our course or Services and shall inform you of the same by any of the means of contact provided by you. Your continued use of our course or Services after the change of fee becomes effective constitutes your agreement to pay the changed amount. You agree to reimburse and indemnify the Company for any extra costs and expenses incurred as a result of your failure to provide accurate and valid information regarding your credit card or other payment instrument.
    10.4. With respect to the eligibility to refund under our Five Steps to Cash Flow Program, please refer to terms and conditions of the Five Steps to Cash Flow Program Money Back Guarantee Policy. The Company shall have the right to decline any refund in its sole discretion for any reason, including the failure on your part to satisfy the conditions to refund under the Company’s policy. The Company’s decision on all matters and disputes shall be final and conclusive.

11. Changes to these Terms
    11.1. We may update these Terms for legal or regulatory reasons, or to reflect changes in our services or business practices. We will post the changes on the Website. You should regularly check these Terms posted on the Website to see if any changes have been made. Any changes will become effective as soon as we post them on the Website.

12. Service Agreement prevails
    12.1. We may enter into agreement with you in relation to our provision of course or services ("Service Agreement"). In case there is a conflict between these Terms and the terms in such Service Agreement, the terms in such Service Agreement shall prevail and each of the parties to the agreement shall, to the extend permissible, continue to honour its obligations under these Terms.

13. Confidentiality
    13.1. You agree to keep all discussion, dealing and information including but not limited to information and content on the Website, in our course and course material and terms in our other Service Agreement, strictly confidential at all times.
    13.2. All information, client lists and data, copyrights, trademarks, and resources generated for or arising from our course and Services shall remain the exclusive property of the Company. You have no ownership of or interest in the same whatsoever and agree to take all necessary measures to protect and maintain the confidentiality and integrity of the same, including refraining from disclosing, copying, reproducing, distributing, or using any such property for third-party purposes without prior written consent of the Company.

14. Non-competition
    14.1. You shall not engage in any business activities that directly compete with the Company's business without the prior written consent of the Company.
    14.2. You acknowledge that you may have access to confidential and proprietary information, trade secrets, customer relationships, and other valuable business information of the Company and shall not use such information for your own benefit or disclose it to any third party, except as expressly authorized by the Company.
    14.3. You shall not solicit, directly or indirectly, any customer, client, or business relationship of the Company for your own benefit or for the benefit of any competing business. This includes, but is not limited to, attempting to divert or take away any customers or clients of the Company, whether by direct contact, advertising, or other means.
    14.4. You acknowledge that the restrictions set forth herein are reasonable and necessary to protect the legitimate business interests of the Company. You further acknowledge that a breach of any provisions hereof may cause irreparable harm to the Company, and in the event of such breach, the Company shall be entitled to seek injunctive relief, in addition to any other remedies available at law or in equity.

15. Not to defame
    15.1. You agree not to disparage, defame, vilify or make any disparaging or depreciating remarks about the Company or any of its affiliated and related companies, all directors, employees, agents, representatives and affiliates thereof on any platform or media or otherwise or to any third party including any agency, reporting agency or organization, or assist, support or procure any person in such activities.

16. Not to engage for own purposes
    16.1. Within the term of any Service Agreement and two years after its expiration, you shall not engage or contact any persons or agencies introduced by the Company for your own business purposes unless with express written consent by the Company. You, your spouse or any of your nominee, undisclosed principal or agent shall not enter into any agreement with another third party with respect to a transaction which has been presented by the Company for your consideration anytime during the term of the Service Agreement.

17. Termination
    17.1. Without prejudice to other remedies available to the Company, your enrollment to our course or Services may be terminated, upon the Company's discretion, in the event of your failure to comply with the Company's rules and policies, or failure to comply with these Terms, the terms of any Service Agreement or other terms and conditions set out in the Website. The Company may terminate your access to the course of Services at any time for such non-compliance. In addition, if you fail to pay any amount due, the Company reserves the right to deny your access to the content of our course and/or any services and terminate any Service Agreement or any other agreement entered into with you forthwith without prior notice. The Company reserves all right to claim against you for any losses, damages, costs and expenses incurred as a result of your non-compliance or failure to make payment. The Company further reserves the right to revise these Terms and its rules and policies, and any such revisions will be posted on the Website.

18. Survival of obligations
    18.1. Notwithstanding the expiration or termination of any Service Agreement, any obligations or rights accrued prior to such expiration or termination shall survive and continue to be binding on you. Your obligations under the Service Agreement which by their nature are intended to continue beyond the termination or expiration of the Service Agreement shall survive the termination of the Service Agreement. For the avoidance of doubt, termination of the Service Agreement shall not affect your payment obligations that exist or arise from the termination.

19. Personal information
    19.1. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, the purposes for which the personal information collected is used, why we collect, store, use and share such information and how to contact us in the event that you have a query or complaint about the use of your personal information.
    19.2. By using the Website and/or our Services, you acknowledge that you have reviewed our Privacy Policy as available on the relevant Website and given express consent to our use and collection of your personal data and information, including copies of your Hong Kong Identity Card and address proof, and agree with our terms and conditions in relation thereto.
    19.3. If you fail to accurately provide your personal information as requested by the Company, the Company reserves the right to deny your access to the content of our course and/or other Services and terminate any Service Agreement forthwith without prior notice, and to claim for any losses, damages, costs and expenses incurred as a result thereof.
    19.4. We will do all that we reasonably can to ensure that all of the information you give us is secure. However, in the absence of negligence on our part, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
    19.5. On subscription, we will collect your email address which shall not be a generic or shared email account, and you must be entitled to use that e-mail address.
    19.6. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your email account or other personal information, you should notify us immediately by e-mailing us at [email protected].
    19.7. You hereby agree and acknowledge that we have the rights to disclose or share your personal information to our affiliated companies and professional parties such as legal consultant, tax advisor who are also under an obligation of confidentiality on a need-to-know basis in order to facilitate provision of services.

20. Severability
    20.1. The invalidity of any part of the Terms or that of the terms of the Service Agreement will not and shall not be deemed to affect the validity of any other provisions. If any provision of the Terms or of those of the Service Agreement is held to be invalid, you agree that the remaining provisions shall be deemed to be in full force and effect.

21. General
    21.1. We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; epidemic or pandemic; breakdown of systems or network access; or flood, fire, explosion or accident.
    21.2. You may not license or transfer any of your rights under these Terms. We may transfer any of our rights or obligations under these Terms to any company or person.
    21.3. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) to enforce any right under these Terms.
    21.4. Failure by the Company to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these Terms are for convenience only and will have no legal meaning or effect.

22. Governing law and jurisdiction
    22.1. The Terms and the provisions of the Service Agreement shall be governed by and construed in accordance with the laws of Hong Kong. Any disputes arising out of or in connection with these Terms or the Service Agreement shall be subject to the exclusive jurisdiction of the courts of Hong Kong.