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/ as the case may be (“Website”), access to the content thereof, enrol to any of the courses, 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.
   
   
3. Accessing and using content on Our Website
   3.1) You agree to comply with these Terms when using content of the Website. 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 from time to time without prior notice.
    

4. Ownership of content of our Website and courses
   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). 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.
   
   4.3) You must not use our trademark unless prior written consent is obtained from us. You are permitted to use the content of the Website and content in our course material only for personal purposes or otherwise as permitted by laws. You shall not reprint, repost or otherwise reproduce publish without our prior consent. The use of the content for any commercial purpose without our prior consent shall constitute a material breach of these Terms.

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 courses is accurate, up-to-date and free from bugs, we cannot guarantee the accuracy, completeness, or reliability of any information provided. 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 before relying on it for investment purposes. We also cannot promise that our Website and information shared in our courses 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.
   
   5.2)  Content provided on the Website, in our courses and other Services is provided for your general information purpose only and is to inform you about us and our courses and news, features, services and other websites that may be of interest as the case may be. 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 Website may contain links to third-party websites, articles, or other sources of information or the same may be otherwise provided by the Company. We are not responsible for the content, accuracy, or availability of such third-party sources. Any reliance on third-party content is at your own risk.
   
   5.4) Contents of each of our courses may be rolled out in phases at the discretion of the Company. We may also suspend or terminate operation of our Website or any part thereof at any time as we think appropriate. While we try to make sure that the Website is available for your use, we do not promise that the Website is available at all times nor do we promise the uninterrupted use by you of the 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. 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) 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 he made and the Company expressly disclaims all responsibilities and liabilities arising therefrom howsoever caused.

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) You agree and acknowledge that any payment for the Service you engaged shall be paid to the Company. 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 contents of our courses 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 Services, subject to the terms and conditions otherwise expressly agreed by the Company such as those under the Five Steps to Cash Flow Program Money Back Guarantee Policy. 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.

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 provide notice of any significant changes below. You should regularly check this section 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 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 courses and course material and terms in our other Service Agreement, in strict confidential at all times.

     13.2) All information, client lists and data, copyrights, trademarks, and resources generated for or arising from our courses shall remain the exclusive property of the Company. You have no ownership of 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 to 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.

17. Termination
    17.1) Without prejudice to other remedies available to the Company, the Company may terminate any Service Agreement upon written notice if you commit a material breach of any provision of the said agreement.
    

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.
    

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, how and why we collect, store, use and share such information, your rights in relation to your personal 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 contents of our courses 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) 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 this novation shall be subject to the exclusive jurisdiction of the courts of Hong Kong.