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1. Status of Subscriber Agreement

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(a) the China Confidential research notes and website (together, “China Confidential”) and the content available on or through the China Confidential research notes and website;

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This version of the Subscriber Agreement was first published on 4th January 2011 and constitutes the entire agreement between FT and you as to the subject matter hereof and supersedes all previous agreements, communications, representations and arrangements, either written or oral. FT may change the terms of the Subscriber Agreement from time to time and will publish details of the changes in Section 10 below. You should regularly check Section 10 to see if any changes have been made. If you have a Subscription any revised terms of the Subscriber Agreement shall only apply to you with effect from the renewal of your then current Subscription and if you do not agree with any of the changes then you may cancel your Subscription within 7 days of the renewal date by emailing FT at cs.confidential@ft.com and we will provide you with a refund of any pre-paid renewal fee. If you are a registered user and you do not agree with any revised terms of the Subscriber Agreement, you should email us at cs.confidential@ft.comto unsubscribe. You may also email us at cs.confidential@ft.com if you have any questions about this Subscriber Agreement.

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2. Proprietary Rights and Permitted Use

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Your usage rights are limited as follows. You may on a non-exclusive basis:

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We reserve the right to monitor your use of any Service. You acknowledge that “China Confidential”, “Renminbi Compass”, “LatAm Confidential”, “Asean Confidential”, “FT” and “Financial Times” are trade marks and that you may not use them without written permission from FT.

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4. Our Responsibilities To You

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What we do not promise: CHINA CONFIDENTIAL, RENMINBI COMPASS, LATAM CONFIDENTIAL, ASEAN CONFIDENTIAL, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THIS MEANS THAT FT DOES NOT MAKE ANY PROMISES IN RESPECT OF LATAM CONFIDENTIAL, THE SERVICES AND THE CONTENT OR THE SERVICES AND FUNCTIONS AVAILABLE ON OR THROUGH CHINA CONFIDENTIAL, RENMINBI COMPASS, LATAM CONFIDENTIAL, ASEAN CONFIDENTIAL OR OF THE QUALITY, COMPLETENESS OR ACCURACY OF THE INFORMATION PUBLISHED OR LINKED TO FROM THE SERVICES. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, FT DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND DUTIES (EXCEPT ANY DUTIES OF GOOD FAITH) OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTIBILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. FT ALSO DOES NOT MAKE ANY PROMISES AS TO THE TIMELINESS, SECURITY, PERFORMANCE OR AVAILABILITY OF THE SERVICES AND DOES NOT PROVIDE ANY WARRANTY OR REPRESENTATION THAT THE SERVICES OR THE CONTENT IS FREE FROM INFECTION FROM VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

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The above disclaimers and restrictions on liability apply equally to your use of the Services and all Content and also apply to content or information you receive in any conference calls that your Subscription may entitle you to participate in.

OTHER INFORMATION

Without limiting the above, FT is not liable for matters beyond its reasonable control. FT does not control postal or courier services, telephones, third party communications networks (including your Internet Service Provider), the Internet, acts of God or the acts of third parties. You are responsible at your cost for obtaining all hardware and communications services needed to access the Services.

Notwithstanding anything else contained in the provisions of this Section 4, FT's liability will not be limited in the case of death or personal injury directly caused by FT's negligence.

5. Third Party Sites and Services

The Services contain links to other Internet websites or online and mobile services provided by independent third parties ("Third Party Sites"), either directly or through frames. Third Party Sites may be co-branded with FT and so include FT's trade mark. FT is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. If you purchase products or services from a Third Party Site your contract for such products or services will be with the third party and not with FT. Our Privacy Policy does not apply to Third Party Sites.

Copyright in any software that is made available for download from the Services belongs to FT or its suppliers. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with the software. FT is not responsible for any technical or other issues that may arise if you download third party software. Do not install or use any software unless you agree to such licence agreement.

The Content and Services may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Services complies with international and national law. FT will not be responsible for any error or inaccuracy in advertising or sponsorship material.

6. Subscription fees, payment and cancellations

FT may offer more than one level or type of Subscription at any time and make different content and services available to you depending on the level of Subscription you acquire. This will be made clear to you at the time you acquire your Subscription. FT reserves the right to change the content and services of China Confidential, Renminbi Compass, LatAm Confidential, Asean Confidential or any level of subscription at any time.

When you subscribe, you must provide FT with complete and accurate payment information and agree to pay at the rates in effect on the date you subscribe. You can request an invoice (which you shall pay in accordance with its credit terms) at the point of sale or pay by credit or debit card. By submitting card payment details to us, you warrant that you are entitled to purchase a Subscription using those card details. If we do not receive timely payment or payment authorization or any authorization is subsequently cancelled or refused, we may immediately terminate or suspend your access to the Services.

The subscription price is the price quoted to you by our sales team on the telephone and which we will confirm by email to you. If there is a discrepancy between the price quoted on the telephone and the price confirmed by email then we reserve the right to cancel your Subscription at any time pending agreeing a revised price with you and re-confirming it by email. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your Subscription. We only sell annual Subscriptions which automatically expire at the end of the annual Subscription period unless you renew the Subscription We may make a free trial available to you in which case we reserve the right without notice and at any time to terminate any free trial.

If you acquire a premium subscription then you will be entitled to additional premium content and services which may include access to survey data and invitations to participate in conference calls with senior China Confidential, Renminbi Compass, LatAm Confidential or Asean Confidential staff, as applicable. Please note that the terms of section 2 and section 4 of this Subscriber Agreement apply equally to any information you access through such premium subscription.

Although you may cancel the Subscription at any time by contacting cs.confidential@ft.com, all Subscription fees are non-refundable except:

  • as expressly provided in Section 1 of this Subscriber Agreement; or
  • if we completely withdraw the relevant Service or we make the relevant Service a completely and permanently free service (in which case we will provide you with a refund on a pro rata basis relating to the unexpired period of your Subscription)

FT will charge you in British Pounds Sterling, US$ or Euros, depending on your country of residence. You may also have to pay any applicable taxes. Please click here for further tax information.

FT reserves the right to change the Content and Services or any part of China Confidential, Renminbi Compass, LatAm Confidential or Asean Confidential.

If you are a registered user, you can view limited parts of the Content in China Confidential, Renminbi Compass, LatAm Confidential and Asean Confidential that FT decides to make available to you.

FT reserves the right to suspend or terminate your Subscription or your registered user account if you breach the terms of the Subscriber Agreement, with or without notice, and without further obligation to you. You shall not longer be entitled to use the Services when your Subscription or registered user account is terminated or suspended or when it expires.

Your statutory rights are not affected by these contractual cancellation rights.

7. Choice of Law and Jurisdiction

If you are resident anywhere in the world other than the United States, this Subscriber Agreement shall be governed by, and construed in accordance with, English law and to the extent possible in the applicable jurisdiction, you and we irrevocably agree that the courts of England shall (subject to the third paragraph of this Section 7) have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with this Subscriber Agreement.

If you are resident in the United States, this Subscriber Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, United States of America, without regard to any conflict or choice of law principles and you and we irrevocably agree that the appropriate federal or state court in New York shall (subject to the paragraph below) have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with this Subscriber Agreement.

For the exclusive benefit of FT and to the extent possible in the applicable jurisdiction, FT shall retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where you have also agreed to this Subscriber Agreement on behalf of a company or organization, the country of the place of business in which you agreed to this Subscriber Agreement or (if different) the country of the principal place of business of that organization.

8. General

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.

9. Corporate Information

China Confidential, Renminbi Compass, LatAm Confidential and Asean Confidential Subscriptions and Content are provided by The Financial Times Limited whose registered office address is Number One, Southwark Bridge, London SE1 9HL; company number is 227590; VAT number is 278 5371 21; and Data Protection Registration Number is Z7087146. Please send any queries (including complaints) about the Service to cs.confidential@ft.com or to the above postal address marked “China Confidential”, “Renminbi Compass”, “LatAm Confidential” or “Asean Confidential”, as applicable.

10. Changes to Subscriber Agreement

This version of the Subscriber Terms is the first published version and was published on 4th January 2011.

CC-LOGO-LARGE

CHINA CONFIDENTIAL

An integrated research service from the Financial Times that provides premium, exclusive analysis and predictions on China investment themes.

Using a dedicated FT team of specialists in China and the UK, it taps Chinese sources from the grassroots to the political elite to forecast key trends and issues. It conducts proprietary research to supply its own insights into industry trends and consumer sentiment. By filtering the work of the best Chinese analysts and academics, it keeps you current on key debates as they unfold inside mainland China. Its broad aim is to help the professional investor navigate through the Chinese investment landscape.

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