Terms and Conditions of Use

The Website (as defined below) is jointly provided by CMU OmniClear Limited (“CMU OmniClear”) and the Hong Kong Monetary Authority (“HKMA”) in connection with the Central Moneymarkets Unit (“CMU”).  The HKMA is the owner and system operator of the CMU, and CMU OmniClear assists the HKMA in the operation of the CMU.

The access, use of and linking to the Website or an API is subject to the Terms (including the Privacy Policy), please therefore read the Terms carefully. In these Terms and Conditions of Use,

• “API” means an application programming interface provided on the Website;
• “Information” includes any and all information, data, contents, materials and software programmes (and in whatever form) available on or through, subsisting in or used in, the Website from time to time;
• “Loss” means direct or indirect loss, destruction or damage (including without limitation incidental or consequential loss, destruction or damage, or loss of data, income or profit), expenses, costs (including legal costs) or liabilities;
• “Terms” refer to, collectively, these Terms and Conditions of Use and any additional terms and conditions available on certain pages, sections or parts of the Website (including the Privacy Policy), as the same may be amended from time to time; and
• “Website” means collectively, this website (www.CMUOmniClear.com), its pages, sections and parts, in desktop computer, tablet and mobile phone versions.

In these Terms and Conditions of Use, unless the context otherwise requires, the singular includes the plural and vice versa.

In consideration of the CMU OmniClear and the HKMA providing access to the Information, by accessing or using or linking to the Website or accessing or using an API or its contents, you are deemed to have unconditionally accepted the Terms. Note that apart from these Terms and Conditions of Use, the access, use of and link to certain pages, sections or parts of the Website is subject to additional terms and conditions available thereon, and by accessing, using or linking to such pages, sections or parts of the Website, you are deemed to have unconditionally accepted such additional terms and conditions. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, PLEASE EXIT AND DO NOT USE OR LINK TO THE WEBSITE OR THE RELEVANT PAGE OR SECTION OR PART OF THE WEBSITE OR ACCESS OR USE AN API (AS THE CASE MAY BE).

If you access or use the Website or an API, or link to the Website, on behalf of an entity, you represent and warrant that you have authority to unconditionally accept the Terms on behalf of that entity and to bind that entity to the Terms (and the reference to “you” in the Terms shall refer to that entity).

You shall not interfere with or disrupt the operation of the Website, the APIs or the servers or networks providing the Website or the APIs, or tamper with the Information. You shall not transmit, inject or introduce to the Website or the APIs any virus, worm, Trojan horse or any other code or software that is harmful, of a malicious nature, or may or is intended to damage the operation of, monitor the use of, or permit unauthorised access to, the Website, the APIs or any hardware, software, or equipment of the CMU OmniClear and/or the HKMA.

CMU OmniClear and the HKMA own the Website and its entire contents, features and functionality, which are protected by copyright and other forms of intellectual property/proprietary rights. Unless otherwise stated, CMU OmniClear, the HKMA and/or its affiliates are the owners of any and all intellectual property rights associated with the Information and the APIs.

The Information is provided on an “AS IS” basis and for reference only, and an API is provided on an “AS IS” and “AS AVAILABLE” basis only. The Information may contain information and materials provided by third parties. No statement, representation or warranty of any kind is given by CMU OmniClear or the HKMA, whether express or implied, including as to the accuracy, correctness, completeness, title, non-infringement, reliability, security, timeliness and appropriateness of the Information or an API for the use in any particular circumstances, or that the Website, the server(s) and any API are and will be uninterrupted or free of viruses and/or other harmful elements, or the continued availability of the Website, any Information or API.

Nothing on the Website (including any Information, whether provided through the APIs or otherwise) constitutes legal, financial or other professional advice. You should conduct your own enquiries to verify the Information before using it and seek professional advice as you consider necessary.

The Information, including any price and indicative terms, is for reference only and should not be regarded as an offer, invitation, solicitation or recommendation to acquire, dispose of, subscribe or otherwise deal in any bond, loan, security or investment product in any jurisdiction. You should obtain separate and independent legal, financial and/or other professional advice before entering into any agreement or making any commitment to acquire, dispose of, subscribe or otherwise deal in any bond, loan, security or investment product mentioned and/or described in the Website when necessary.

Neither CMU OmniClear nor the HKMA shall be liable for any errors, omissions, misstatements or misrepresentations (express or implied) concerning any Information or any aspect of the Website or an API. Neither CMU OmniClear nor the HKMA shall have or accept any liability, obligation or responsibility whatsoever for any Loss howsoever arising from or in respect of any use or misuse of or reliance on the Website, the Information and/or APIs, any interruption or inability to access or use the Website, the Information and/or APIs, or any transmission from you to CMU OmniClear and/or the HKMA or vice versa over the Internet, whether in contract, tort, breach of statutory duty or otherwise. Access to and use of the Website, the APIs and the Information are entirely at your own risk.

CMU OmniClear and the HKMA reserve the right, but do not undertake, to revise, modify or update the Website and/or the Information and/or release updated versions of an API from time to time, which may be done without any notice. CMU OmniClear and the HKMA also reserve the right to revise, omit, edit, suspend or terminate the provision of the Information to any person, or to block access from a particular Internet Protocol (IP) address to the Website or the APIs, at any time in its absolute discretion without giving any reason or prior notice whatsoever.

CMU OmniClear and the HKMA may discontinue the provision of any Information or API without any notice.

Save as otherwise specifically allowed by the Terms, you may only, for non-commercial purposes, display, download, reproduce, and print in its original format the Information on the Website or link to the Website on condition that:

• such use, display, download, reproduction, print and/or distribution of the Information and linking to the Website shall be subject to the Terms and your compliance with all applicable laws and regulations;

• the Information must be reproduced accurately without any modification;

• you shall give proper attribution to CMU OmniClear and the HKMA and the Website by identifying clearly the source of the Information, and acknowledge CMU OmniClear's, the HKMA' s and/or its affiliates' ownership of the intellectual property rights in the Information and in all its copies (in whatever form or medium);

• you shall indemnify CMU OmniClear and the HKMA against all allegations or claims of infringement of the rights of any person and all Loss incurred by CMU OmniClear and/or the HKMA, which in any case arise directly or indirectly in relation to your use, display, download, reproduction, print and/or distribution of the Information and/or linking to the Website; and

• at the request of CMU OmniClear or the HKMA, you shall forthwith destroy any copy of the Information (in whatever form or medium) in your possession or control and/or remove any link to the Website.

The prior written consent of CMU OmniClear and the HKMA is required for linking to the Website or the use of the Information for any purpose or in any way which is not permitted under paragraph 14 above. Any enquiry or request for consent should be sent via email at  cmuwebmaster@hkma.gov.hk.

The permission given under paragraph 14 above does not extend to any material on linked websites or any content on the Website the intellectual property/proprietary rights of which belongs to a third party. Authorisation or permission to use such materials and/or contents would need to be obtained from the intellectual property/proprietary right holders concerned.

You shall not use CMU OmniClear' s or the HKMA' s or the CMU' s name, trademarks or logos in a way from which a connection or affiliation with CMU OmniClear and/or the HKMA and/or the CMU can reasonably be inferred or implied, or use the Information or link to the Website in a manner that gives any impression that you or the host website is sponsored or endorsed by CMU OmniClear and/or the HKMA, without the prior written consent from CMU OmniClear and/or the HKMA.

The Website may contain links to third party websites, which are provided for convenience only. CMU OmniClear and the HKMA do not sponsor or endorse such third parties or their websites, and CMU OmniClear and the HKMA and the Website shall not be deemed to be part of, or associated or affiliated in whatever manner with, any such third parties or their websites (or any aspect thereof). Neither CMU OmniClear nor the HKMA is responsible for, nor gives any representation or warranty of any kind (whether express or implied) with respect to, such third parties or their websites, or the contents or any other aspect of such third party websites. Neither CMU OmniClear nor the HKMA shall be liable for any Loss howsoever arising from or in respect of any access to, use or misuse of or reliance on those websites, or any interruption or inability to access or use those websites. Use of the links and access to and use of the linked websites are entirely at your own risk, and you are responsible for complying with any terms and conditions of use of such websites.

Certain Information may be accessed through an API, and all such Information made available through the API is subject to the Terms. You may use the APIs to develop, whether for commercial or non-commercial purposes, a software, application, website, system or service to search, display, analyse, retrieve, view and otherwise obtain such Information, on the same conditions as set out in subparagraphs 14(a) to 14(e) above and the following conditions:

• such use of the APIs shall be subject to the Terms and your compliance with all applicable laws and regulations;

• you shall require end-users of your software, applications, websites, systems or services to comply with (and not knowingly enable them to violate) the Terms and applicable law and regulations;

• at the request of CMU OmniClear and/or the HKMA, you shall forthwith stop any use of the APIs.

You agree that CMU OmniClear and/or the HKMA may monitor use of the APIs for various purposes, including but not limited to service improvement, verification of compliance with the Terms, and security-related purposes. You will not interfere with this monitoring.

Without prejudice to paragraph 14 above, you shall indemnify CMU OmniClear and the HKMA against all Loss in relation to any claim made by a third party against CMU OmniClear and/or the HKMA arising directly or indirectly from a third party' s use of any of your software, applications, websites, systems or services that use the APIs.

Neither CMU OmniClear nor the HKMA accepts liability, obligation or responsibility for any Information once it has been released via APIs.

The Terms are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People' s Republic of China (“Hong Kong”) and you agree to submit to the exclusive jurisdiction of the Hong Kong courts.

You agree that nothing in the Terms confers or purports to confer on any third party any benefit or any right to enforce any of the Terms pursuant to the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong).

The Terms may be amended from time to time by CMU OmniClear and the HKMA without any notice. Accessing or using or linking to the Website or using an API or its contents after any such amendments constitutes acceptance of such amendments. Please check the Terms regularly for any amendments which may be made.

The English version of the Terms shall prevail in the event of a conflict with other language versions.