These terms govern the access and use of the MDD Duxbury Calculator (the “Calculator”). The Calculator is an online subscription-based software, owned by Matson Driscoll & Damico Ltd, a Hong Kong incorporated private company (“MDD”). The Calculator and its results are calculated based on historical information to estimate:
a) The monetary amount a person would require to support themselves for a fixed period (the “Capital Sum”); or
b) The expenditure a person could enjoy for a fixed period based upon a known Capital Sum.
The Calculator is accessed via the website: https://mdd.com/duxbury/login. The material and layout of this website are protected by copyright. All rights are expressly reserved. Neither the whole nor any part of the contents or the layout of this website may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, including photocopying, recording or by electronic or digital transmission, without the prior written consent of MDD.
The user is defined as any person, corporate entity or partnership who registers through the Calculator website or subscribes for the services detailed on the Calculator’s website (the “User”).
By accessing or subscribing to the Calculator, the User agrees to the terms and conditions in this document and establishes a contractual relationship (the “Contract”) between MDD and the User.
License & Restrictions
Subject to the User’s compliance with these terms, MDD grants the User a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Calculator on the User’s device solely; and (ii) access and use any content, information and related materials that may be made available through the Calculator. Any rights not expressly granted herein are reserved by MDD.
The User may not (i) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Calculator except as expressly permitted by MDD; (ii) decompile, reverse engineer or disassemble the Calculator except as may be permitted by applicable law; (iii) link to, mirror or frame any portion of the Calculator; (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Calculator or unduly burdening or hindering the operation and/or functionality of any aspect of the Calculator; or (v) attempt to gain unauthorized access to or impair any aspect of the Calculator or its related systems or networks.
The Calculator and all rights therein are and shall remain MDD’s property. Neither these terms nor the User’s use of the Calculator convey or grant the User any rights: (i) in or related to the Calculator except for the limited license granted above; or (ii) to use or reference in any manner MDD’s company names, logos, product and service names, trademarks or services marks.
In order to use the Calculator, Users must register and maintain a services account, and make payment for the specific subscription period. Users are responsible for all activity that occurs under their accounts and Users agree to maintain the security and secrecy of their account username and password at all times.
Users may not authorize third parties to use their account and may not assign or otherwise transfer their account detail to any other person or entity.
Network Access and Devices
User’s are responsible for obtaining the data network access necessary to use the Calculator. Users mobile network’s data and messaging rates and fees may apply if Users access or use the Calculator from a wireless-enabled device and Users shall be responsible for such rates and fees. Users are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Calculator and any updates thereto. MDD does not guarantee that the Calculator, or any portion thereof, will function on any particular hardware or devices. In addition, the Calculator may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Prior to being allowed access and use of the Calculator, Users are required to purchase a subscription plan. The Calculator is available for subscription in the following plans:
a) A one day subscription (24 hours);
b) A weekly (168 hour subscription). Users who have subscribed for this option will also receive 1 hour of complimentary consultancy time with a MDD staff member of supervisor grade or above; or
c) An agreed fee made directly with MDD.
MDD reserves the right to establish, remove, or revise the subscription plan for the Calculator at any time in MDD’s sole discretion.
Disclaimers and Limitation of Liability
The Calculator, (including spreadsheets, documents or other materials downloaded or printed from the Calculator) are provided on an “as is” basis. The User’s use of the Calculator is at its own risk and MDD will not be liable for any loss or damage alleged to have been suffered as a result of the use of the Calculator.
The Calculator’s results are based upon estimations of variables including a User’s life expectancy, inflation rates and hypothetical investment returns on various investment products. Estimations of these variables are based on historical data and MDD will not be liable for any damage incurred or loss suffered by, or in connection with these estimations should they not be accurate for any reason including, but not limited to, changes in future conditions. The Calculator’s results are for indicative purposes only.
The Calculator provides Users with different scenarios to estimate the investment return on a hypothetical scenario. The investment products listed on the Calculator do not constitute any recommendation or advice to purchase these investment products and MDD will not be liable for any losses suffered by Users if they choose to invest in any of these products.
MDD’s aggregate limit of liability in respect of any disputes, controversies or differences arising out of or in connection with the Contract (“Disputes”) shall be the lesser of:
a) five times of the subscription plan purchased; or
b) the remaining aggregate limit of MDD’s professional indemnity insurance at the time the claim is notified to MDD.
Other sites linked from or to this site and references to any other organization, company or individual are not endorsed by, the responsibility of, or imply affiliation with, MDD (unless clearly and specifically stated otherwise).
Governing Law and Dispute Resolution Provision
The Contract, and any non-contractual obligations arising out of or in connection with the Contract, shall be governed by, and construed in accordance with, the laws of Hong Kong Special Administrative Region of the People’s Republic of China.
Any Dispute arising out of or in connection with the Contract shall first be referred to mediation at Hong Kong International Arbitration Centre (HKIAC) and in accordance with its then current Mediation Rules. If the mediation is abandoned by the mediator or is otherwise concluded without the dispute being resolved, then such dispute shall be referred to and finally resolved by arbitration before one neutral arbitrator, administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
Each party irrevocably waives any right it may have to object to a dispute being resolved in the manner specified above or to claim that any action has been brought in an inconvenient forum.
Security of Information
MDD takes the safeguarding of the User’s data very seriously and will protect it using accepted standards for security.
MDD has a site-wide SSL certificate, which allows secure connections from a web server to a web browser. An SSL certificate protects sensitive information such as usernames and passwords. All personal information in MDD’s possession is held securely. Only MDD’s authorised employees are permitted access the User’s information, strictly for business purposes.