scoutAsia User Terms & Conditions
This page sets out the terms and conditions on which you may use scoutAsia and the content and services available on it (which we call “scoutAsia Content”). We only make these terms and conditions available in the English language.
Please note in particular Section 5 below, which contains provisions that limit or exclude our financial responsibility to you.
In these terms we use the term “scoutAsia” to refer to our website at https://app.scout.asia and our other mobile and online digital apps and services.
References in these terms and conditions to “we”, “us” or “our” refer to the company operating scoutAsia. See Section 8 below for our corporate information.
These terms and conditions replace all previous terms and conditions for scoutAsia. We may update these terms and conditions within reasonable limits for legal or regulatory reasons, or to reflect changes in our services or business practices. We will provide notice of any significant changes in Section 9 below. You should regularly check Section 9 to see if any changes have been made. Any changes will become effective as soon as we post them on scoutAsia.
Where you are accessing scoutAsia under a corporate subscription, the terms of the corporate subscription agreement take precedence over these terms where there is any conflict or inconsistency.
2. Access and Use
Access to most scoutAsia Content is only available under corporate subscriptions. See https://app.scout.asia for details of the subscription packages available.
All scoutAsia Content belongs to us or to our licensors who own all intellectual property rights (including copyright and database rights) in the scoutAsia Content and any selection or arrangement of the scoutAsia Content. “scoutAsia” is a trademark and you may not use them or any other trademarks, trade names, logos or other branding of scoutAsia (whether registered or not) without our written permission.
You can do the following:
- view scoutAsia Content, in the ordinary course of your organisation’s business and for internal purposes only, on any device that is compatible with scoutAsia (this might be your PC, laptop, smartphone or other mobile device);
- download limited quantities of scoutAsia Content using any tools provided for this purpose on scoutAsia and store it for your personal use; and
- view and use scoutAsia Content as otherwise permitted under your organisation’s corporate subscription.
You are not permitted to use scoutAsia or scoutAsia Content to create a Substitute. We define a Substitute as a product or service that may reduce the need for users or other third parties to pay for scoutAsia Content directly, or which creates revenue from the scoutAsia Content to the detriment of our own ability to generate revenues from that content.
On completing a contact or trial request and then at registration, you must provide us with accurate, complete information. We are entitled to rely on any information you provide to us.
Each registration is for a single user only. On registration, you will choose a preferred display name and password (“ID”). The email address that you provide on registration must correspond to a named email account and not a generic or shared email account. You are not allowed to share your ID or give access to scoutAsia Content through your ID to anyone else. We do not allow multiple users on a network or within an organisation to use the same ID. We may cancel or suspend your access to scoutAsia if you share your ID without further obligation to you. You may not create additional registration or subscription accounts for the benefit of others or with the aim of avoiding our use of IDs to control access to and use of scoutAsia.
You are responsible for all use of scoutAsia by using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify us immediately by e-mailing us at [email protected]. We recommend that you do not select an obvious user password (such as your name) and that you change it regularly.
If you provide us with an email address that will result in any messages we may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or college) then you promise that you are entitled to receive those messages. You also agree that we may stop sending messages to you without notifying you.
You may choose to use scoutAsia’s “Keep me logged in” log in feature that enables you to be logged in automatically to scoutAsia whenever you visit scoutAsia without having to manually log in each time. We recommend that you do not enable this feature on any computer that is or may be used by anyone other than you in order to prevent unauthorised access by third parties to both your subscription details and features of scoutAsia personal to you.
4. Third Party Sites and Services
scoutAsia may contain links to other Internet websites or online and mobile services provided by independent third parties (what we call “Third Party Sites”), either directly or through embedding. Third Party Sites may be co-branded with scoutAsia and so include our trademarks.
Copyright in any software that is made available for download from scoutAsia belongs to us or our suppliers. Your use of the software is governed by the terms of any license agreement that may accompany or be included with the software. Do not install or use any of this software unless you agree to such licence agreement. We are not responsible for any technical or other issues that may happen if you download third party software.
5. Our Liability to You
A summary of what this section means: this section is important and you should read it carefully. It makes clear to what extent, if any, we accept responsibility (liability) to you for your use of scoutAsia or the scoutAsia Content or in respect of any third party products or services that we refer to or link to on scoutAsia.
We accept no financial responsibility to individual users arising from use of scoutAsia or the scoutAsia Content. If you access scoutAsia as a registered user (without any corporate subscription in place) then we accept no financial responsibility to you. If you access scoutAsia under your organisation’s corporate subscription, then our sole financial responsibility is to your organisation, as set out in your organisation’s corporate subscription.
In no circumstances do we accept responsibility for your use of Third Party Sites or for any other products or services provided by third parties.
Although this means that we accept very little in the way of financial responsibility for your use of scoutAsia and the scoutAsia Content, we think this is fair on the basis that you can view certain content and services free-of-charge, and that (if you access scoutAsia under a corporate subscription) we already have financial responsibility to your organisation as set out in that corporate subscription.
The scoutAsia Content (including any information we publish regarding Third Party Products) is only for your general information and research purposes and is not intended to address your particular requirements. In particular, the scoutAsia Content, including any content provided by third parties and distributed by us, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by us. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision, such as from a qualified financial adviser.
Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) scoutAsia are at your own responsibility and entered into at your own risk. Any information that you receive via scoutAsia, whether or not it is classified as “real-time”, may have stopped being current by the time it reaches you. Any market and financial data including share price information, may be rounded up/down and therefore may not be entirely accurate.
scoutAsia and the scoutAsia Content are provided on an “as is” and “as available” basis. This means that scoutAsia does not make any promises to individual users in respect of scoutAsia or the services and functions available on or through scoutAsia or of the quality, completeness or accuracy of the information published on or linked to from scoutAsia.
The above disclaimers apply equally to your use of scoutAsia and all scoutAsia Content. Without limiting the above, we are not liable for matters beyond its reasonable control. We do not control third party communications networks (including your internet service provider), the internet, acts of god or the acts of third parties.
To the full extent permitted by law you acknowledge and agree that our third party content and data suppliers have no liability whatsoever to you in respect of any of their data supplied to you as part of the scoutAsia Content.
Our liability will not be limited in the case of death or personal injury directly caused by Our negligence in those countries where it is unlawful for us to seek to exclude such liability.
6. Choice of Law and Jurisdiction
These terms and conditions are subject to the laws of Japan, without reference to principles of conflict of laws. Both you and we shall submit to the exclusive jurisdiction of the Tokyo District court in the first instance over any and all disputes arising from or in connection with these terms and conditions.
You may not license or transfer any of your rights under these terms and conditions. We may transfer any of our rights or obligations under these terms and conditions to any company within the Nikkei group of companies but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honour your rights under them.
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 will 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.
These terms and conditions constitute the entire agreement between you and us relating to your use of scoutAsia and the scoutAsia Content. They supersede all previous communications, representations and arrangements, either written or oral.
8. Corporate Information
The product scoutAsia is published by Nikkei Inc., a company incorporated under the laws of Japan and having its registered office at 1-3-7 Otemachi, Chiyoda-Ku, Tokyo 100-8066, Japan
9. Change to Terms
These terms and conditions were published on 29 January 2018 and revised on 1st November 2020 and 1st January 2022.