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 to 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 Servies 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 info@capstone72.com. 

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.