PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
By using the Site, you confirm that you accept the Terms and agree to comply with them.
If you do not agree to the Terms, you must not use the Site.
Information About Us
www.topcapgroup.com is a site operated by Top Capital Group Limited (together with its group of companies, “TCG” or “we“). Top Capital Group Limited is registered in Hong Kong under company number 2447534 and have our registered office at 26th Floor, Jubilee Centre, 42-46 Gloucester Road, Wan Chai, Hong Kong.
We and our representatives only work in relation to real estate located outside Hong Kong. Neither TCG, nor its representatives, is (or is required to be) licensed under the Estate Agents Ordinance (Cap. 511 of the Laws of Hong Kong) to deal with Hong Kong real estate. Neither TCG, nor its representatives, engages in regulated activities in Hong Kong such as dealing or advising on securities or providing asset management services. Therefore, neither TCG nor its representatives are (or are required to be) licensed under the Securities and Futures Ordinance (Cap. 571 of the Laws of Hong Kong).
Neither TCG, nor its representatives, engages in activities such as dealing or advising on securities or providing asset management services. Therefore, neither TCG nor its representatives are (or are required to be) licensed under the Securities and Futures Act (Cap. 289 of the laws of Singapore).
You acknowledge and agree that:
- we reserve the right to amend or update the Terms at any time. We, therefore, recommend that whenever you access the Site you check this page for any changes to the Terms, as such changes will be binding on you without notice to you and you shall be deemed to accept any amendments to the Terms by your use of the Site;
- the use of the Site is subject to technical defects or interruptions that may occur from time to time, and that TCG does not guarantee that the Site will always be available, that your use of the Site will be uninterrupted or that the Site is free from any computer viruses or programs that may affect your electronic systems;
- TCG shall not be liable for any loss, corruption or damage to your data or computer system arising out of or in connection with the use of the Site, nor shall it be responsible for the content of websites linked on the Site. Such links should not be interpreted as endorsement by TCG of those linked websites and TCG shall not be liable for any loss or damage that may arise from your use of them;
- TCG may amend, suspend or terminate (temporarily or permanently) the Site or the services provided under it, from time to time without notice to you and TCG shall not be liable to you for any loss or damage arising out of the amendment, suspension or termination of the Site;
- any of the content on the Site may be out of date at any given time and TCG is not under any obligation to update it;
- TCG does not guarantee that the Site or any content on it is or will be free from errors or omissions; and
- the use of the Site and the services provided on it is entirely at your own risk.
You can block cookies by activating the relevant setting on your browser, however if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the Site.
General Terms and Conditions
A list of TCG’s range of property-related services is available on request.
TCG hereby represents to you, and you acknowledge and agree, that:
- TCG and its representatives work exclusively in relation to properties outside Hong Kong and are not required to be, nor are, licensed under the Estate Agents Ordinance (Cap. 511 of the Laws of Hong Kong) to deal with properties situated in Hong Kong;
- TCG is a property developer and is therefore not required to be, nor are, licensed under licensed under the Estate Agents Act 2010 of Singapore;
- save as provided in TCG’s Client Services Agreement, and in any terms and conditions annexed to the Unit Application Form as signed by you, all contracts are entered into between you and the relevant company and/or institution and not between you and TCG;
- TCG and its representatives have at no time made to you any warranties, promises or forecasts as to any expected return on investment or rental yields, and neither TCG nor its representatives have the authority to make such warranties, promises or forecasts;
- TCG and its representatives have not made, and shall at no time make, an invitation to enter into, or offered to enter into, an agreement to acquire, dispose of, subscribe for or underwrite “securities” or a “regulated investment agreement” (as such terms are defined under the Securities and Futures Ordinance (Cap. 571 of the Laws of Hong Kong) (the “SFO”) or under the Securities and Futures Act (Cap. 289 of the Laws of Singapore) (the “SFA”), whichever is applicable), nor made an invitation to acquire an interest in, or participate in, or offer to acquire an interest in, or participate in, a “collective investment scheme”, except where the applicable exclusions or exemptions under the SFO or SFA (as the case may be) are applicable;
- TCG and its representatives are not carrying on (and shall not carry on), nor holding themselves out as carrying on, a business in a “regulated activity” (as such term is defined in the SFO or SFA, as the case may be);
- TCG and its representatives cannot and will not provide advice on taxation or the legal consequences of any arrangements with you and an TCG representative has advised you that you should obtain independent legal and taxation advice;
- TCG shall be entitled to negotiate with, receive and be compensated with payments and commissions from property companies, financial institutions and/or other parties connected with the provision by TCG of any services to you, and TCG shall on reasonable request by you, provide you with details of such transactions; and
- you expressly agree that the use of the Site and the information contained herein is solely at your own risk.
In respect of all material, information and documents supplied by TCG to you at any time (including all plans and specifications) (the “Material”), you acknowledge and agree that neither TCG, nor any of its representatives, officers, employees or advisers accepts or will accept any responsibility for any interpretation, opinion or conclusion that you may form as a result of examining the Material.
All plans and specifications provided to you are provided as a guide only and are subject to variations, modifications and amendments as required by relevant authorities and/or architects.
You acknowledge that:
- investment in property is relatively illiquid and more difficult to realise than equities or bonds. Property values may be adversely affected by illiquidity in the property market. The value of investment in property involves risks and the value of property and associated rental yields may go down as well as up, being generally affected by overall conditions in the economy, such as growth in GDP, employment trends, changes in inflation and interest rates. The property market is volatile and property prices may fluctuate (down as well as up) widely;
- both the value of property and associated rental yields may be affected by other factors specific to the property market, such as competition from other property owners, the perceptions of prospective tenants of the attractiveness, convenience and safety of properties, the inability to collect rents because of the insolvency of tenants or otherwise, the periodic need to renovate, repair and re-lease space and the costs thereof, the costs of maintenance and insurance, and increased operating costs. Similarly, rent reviews may not result in rental yields from any property being received at the expected rental value; and
- the rental market may also be affected by uncertainty relating to political issues, such as the current uncertainty surrounding the decision of the United Kingdom to leave the European Union.
Whilst TCG may undertake various background checks on property companies or financial institutions that it introduces to you, it is your responsibility to instruct your own advisers with respect to the legal, tax, regulatory, financial and accounting consequences of a particular property-related transaction, before proceeding with that transaction.
Limitation of Liability
Nothing in these Terms shall exclude or limit the liability of TCG for death or personal injury caused by its negligence or for fraud or in respect of any other liability arising out of or in connection with the Terms which cannot be excluded or restricted by applicable law in the relevant jurisdiction in which the TCG entity operates (such law being, “Applicable Law“).
To the extent permitted by Applicable Law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.
Save as expressly set out herein and to the extent permitted by Applicable Law, TCG shall not be liable to you for any loss, liability or expense arising out of or in connection with any acts or omissions of TCG, or any of its directors, officers, employees, contractors and agents, which are done negligently, or deliberately with intent to cause loss, liability or expense, or recklessly and with actual knowledge that such loss, liability or expense would probably result.
Save as expressly set out herein and to the extent permitted by Applicable Law, TCG shall not be liable to you for any loss or damage (whether in contact, tort (including negligence), breach of statutory duty or otherwise) arising out of or in connection with (i) your use of (or inability to use) the Site; or (ii) your use of or reliance on any content displayed on the Site, even if that loss or damage was reasonably foreseeable or TCG was aware of the possibility of that loss or damage arising.
Without limiting any other terms set out herein, TCG shall have no liability to you in respect of any actual or expected:
- loss of profits, sales, business or revenue;
- loss of production;
- loss of data;
- loss of reputation, goodwill or business opportunities; or
- loss of anticipated savings or benefits,
in each case whether direct or indirect, to the extent permitted by Applicable Law.
To the extent permitted by Applicable Law, TCG shall have no liability to you in respect of any indirect, special or consequential loss or damage.
To the extent permitted by Applicable Law, any claim for breach of contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in connection with the Site must be brought within two years of the act or omission alleged to have caused the loss, liability or expense in question.
The above provisions shall be the only remedies for monetary damages available to you or any third party against TCG arising out of or in connection with the Site and your use thereof.
To the extent permitted by Applicable Law, if an agent of TCG provides information to you no representation, warranty, condition or other term express or implied is made by TCG as to the content, quality or veracity of such information.
We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation to content posted on the Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged and clearly referenced.
You must not use any part of the content on the Site for commercial purposes without obtaining a license to do so from us or our licensors.
If you print off, copy or download any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our direction, return or destroy any copies of the materials you have made.
The right to admission to an TCG event or seminar advertised on the Site (an “TCG Event“) is reserved by the event manager. The event manager may take health and safety, environmental, security and other concerns into account at their reasonable discretion, and may from time to time carry out security searches. No refunds will be offered to customers who are refused entry or ejected from an event or seminar on account of late arrival, declining to be searched, being abusive, threatening, drunken or other antisocial behavior (including smoking in no smoking areas), carrying offensive weapons or illegal substances, or making unauthorised audio, video or photographic recordings.
Mobile telephones must be switched off.
Video and camera equipment are not permitted.
Governing Law and Jurisdiction
The Terms shall be governed by and construed in accordance with the laws of Hong Kong. You and TCG irrevocably submit to the exclusive jurisdiction of the Courts in Hong Kong and waive any objection to any legal action or proceedings in such Courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum or on any other grounds whatsoever.
You acknowledge and agree that: (i) the information contained on the Site and such other material issued in connection therewith (the “Content”) are provided for information purposes only and will not be regarded as advice on securities or collective investment schemes or other financial or investment advice or advice of any other kind; (ii) the Content is not intended for the purpose of advice, dealing or trading in securities or collective investment schemes or any other kind of investment; (iii) the Content may include certain information taken from property surveys, stock exchanges and other sources from around the world; (iv) the Content is provided on an “as is” basis and by way of a summary and we do not guarantee the accuracy, completeness, or timeliness of the Content; (v) the Content may be subject to the terms and conditions of other agreements to which we are a party; (vi) none of the information contained in the Content constitutes a solicitation, offer, opinion, or recommendation by us to buy or sell any security, or provision of legal, tax, regulatory, accounting, or investment advice or services regarding the profitability or suitability of any security or investment; (vii) you must not rely on the Content in making any investment decision relating thereto and you are urged to seek professional, independent and specific advice on any such investment decision; [(viii) the property market is volatile and illiquid and property prices and rental yields may fluctuate widely or be affected by a broad range of risk factors and you read and understand the information in the section headed ‘Risk Disclosure’;] (ix) all plans and specifications in the Content are intended as a guide only and are subject to such variations, modifications and amendments as may be required by the relevant authorities or the relevant developer’s consultants or architects; (x) all renderings and illustrations in the Content are artists’ impressions only and all measurements are approximate, subject to final survey and confirmation; (xi) the Content is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to any law, statutes, regulations, instruments or requirements of any government or other competent regulatory authority or body; and (xii) the Content has not been authorised or approved by the Securities and Futures Commission of Hong Kong or any other competent regulatory authority or body whether in Hong Kong or elsewhere.
You should not rely on information contained in the Site as a basis for entering into any transaction without seeking professional advice. Whilst we believe the facts of the Contents are correct, these cannot be guaranteed. Accordingly, you assume all responsibility and risk for reliance upon and the use of the Content and, we, our agents, directors, officers, employees, representatives, successors, and assigns expressly disclaim any and all responsibility for any direct, indirect or consequential loss or damage of any kind whatsoever arising directly or indirectly from: (i) the use of the Content; (ii) reliance on any information contained in the Content; (iii) any error, omission or inaccuracy in any information contained in the Content including, without limitation, financial data, forecasts, analysis and trends; or (iv) any action or non-performance resulting from the foregoing. This exclusion clause shall take effect to the fullest extent permitted by applicable laws.
We and our representatives only work in relation to real estate located outside Hong Kong. Therefore we and our representatives are not licensed under the Estate Agents Ordinance (Cap. 511 of the Laws of Hong Kong) to deal with Hong Kong real estate (nor are we required to be so licensed). Neither TCG nor its representatives engages in regulated activities in Hong Kong such as dealing or advising on securities or providing asset management services. Therefore, neither TCG nor its representatives are licensed under the Securities and Futures Ordinance (Cap. 571 of the Laws of Hong Kong) (nor are we required to be so licensed).
Any statement contained in the Content is made on a general basis and we have not given any consideration to nor have we made any investigation of any investment objective, financial situation or particular need of any user or reader, any specific person or group of persons.
You must make your own assessment of the relevance, accuracy and adequacy of the information contained in the Content and conduct independent investigations as may be necessary or appropriate for the purpose of such assessment including the merits and investment risks involved. You are urged to consult an appropriate professional advisor for legal, tax, regulatory, accounting, or investment advice specific to your situation, as to whether any governmental or other consents are required or if any formalities should be observed for the purposes of making such investments as are mentioned in the Content. If you are unsure about the meaning of any of the information contained in the Content, please consult your financial or other professional advisor.
Third Party References
References to third party publications are provided for your information only. Whilst such third party information is believed to be reliable for the purpose used herein, the content of any such publications is issued by third parties. As such, we are not responsible for the accuracy, completeness or timeliness of information contained in those publications, nor shall we be held liable for any loss or damage arising from or related to their use howsoever arising.
Rights of TCG
Notwithstanding any other term of the Terms and without prejudice to any other rights or remedies that TCG has, if you are in breach of the Terms, TCG reserves its right to claim damages (including but not limited to damages for reputational loss).