Welcome to illio.
The information available on this Platform is general in nature and is provided for information purposes only. Information provided to you on this Platform does not and is not intended to constitute advice on, or a solicitation or offer of, or recommendation on, any investment or financial products of any nature, or constitute an invitation or inducement to engage in investment activity. You may wish to seek your own professional advice suitable to your particular circumstances prior to making any investment or if you are in doubt as to the information on this Platform.
By accessing or using the Platform, you confirm that:
(a) you are of legal age in your jurisdiction and not under 18 years old. If you are under 18 years old, you must not access or use the Platform;
(c) you acknowledge and agree that (i) no investment, tax or legal advice is being, or will be, provided on the Platform, and (ii) you shall be responsible for your own investment decisions based on your own independent research and analysis and seeking independent investment advice; and
(d) you are not accessing the Platform in any jurisdiction where it is prohibited under Applicable Laws or where we do not authorise usage.
It is your responsibility to check whether any restrictions under Applicable Laws apply to you in relation to the Platform. No information referred to on the Platform are directed at, or offered to, any one in a jurisdiction where: (i) advertising, offering or selling by us is not allowed by Applicable Laws, or (ii) illio would have to register or obtain a licence registration, authorization or other approval which we do not currently have. Distributing information in certain jurisdictions may be restricted by Applicable Law. As a result, you must be aware of, and comply with any such restrictions.
1.2. User Account Creation
To use certain features of the Platform, you (or such Authorised User) will need to create a user
account (each, a "User Account"):
(a) Individual User Account: you will need to provide your first and last names, an email address, a password, your date of birth and other information that we may require from time to time (for example, if you wish to receive postal invoices, we may request a billing address); or
(c) Mobile User Account: you will need to provide your first and last names, an email address, a password, your date of birth and other information that we may require from time to time (for example, if you wish to receive postal invoices, we may request a billing address).
You will also be required to create a username and password for the User Account in order to access the Platform. Please provide accurate and current information when creating your User Account.
illio may, at its sole discretion:
(a) limit the number of User Accounts that you may create or maintain;
(b) stipulate additional conditions and requirements for the opening or maintaining of User Accounts; and/or
(c) refuse to create a User Account for you. 1.3. Security
By using the User Account, you will be responsible for maintaining the security of your User Account, for all activities that occur under the User Account and any other actions in relation to the User Account (with or without your permission). illio is not responsible for any loss or activity that results from the unauthorised use of your User Account.
Neither Individual Users nor Mobile Users should share the access details of your User Account (including passwords) with any other person or allow any other person to access your User Account.
Corporate Users must take all necessary measures to ensure the access details of the User Account (including passwords) are accessible only to persons it has authorised to access the User Account and act on its behalf in connection with the User Account.
You must immediately notify the illio team in writing at email@example.com of any unauthorised use of your User Account or any other breaches of security.
1.4. Suspension and termination
illio will have the right to suspend access to your User Account, or to terminate your User Account, at any time and for any reason (including where you are in breach of any of the provisions in this Term of Use), subject to Applicable Laws.
Upon final termination of your User Account, illio will permanently delete information relating to your portfolio of investments ("Portfolio Data") and, in the event that you re-register in future, your past Portfolio Data can therefore not be restored.
1.5 Hosted Services
The Hosted Services are proprietary applications authored and/or collated by illio and hosted on illio’s choice of cloud provider combined with SaaS/PaaS utility functions which together form the platform. The major functions of the platform are: 1) the portfolio management system which provides insight and information about multi-asset portfolios and may be accessed via a compliant web browser over https and the mobile application and 2) the management portal which provides user, account and instrument management functions and which may only be accessed via a compliant web browser.
illio shall create an Account for you and shall provide to you login details for that Account on or promptly following the Effective Date.
In relation to the Authorised Users, you agree that:
You shall use all reasonable endeavours, including all reasonable security measures relating to Account access details, to ensure that no unauthorised person may gain access to the Hosted Services using an Account.
illio shall use reasonable endeavours to maintain the availability of the Hosted Services to the User at the gateway between the public internet and the network of the hosting services provider for the Hosted Services, but does not guarantee 100% availability.
illio shall give you at least 10 Business Days' prior written notice of the application of an Upgrade to the Platform.
illio shall provide the Maintenance Services with reasonable skill and care.
You must not use the Hosted Services in any way that causes, or may cause, damage to the Hosted Services or Platform or impairment of the availability or accessibility of the Hosted Services.
You shall not access, store, distribute or transmit any Viruses, or any material during the course of its use of the Platform that:
and illio reserves the right, without liability or prejudice to its other rights to you, to disable your access to any material that breaches the provisions of this clause.
For the avoidance of doubt, you have no right to access the software code (including object code, intermediate code and source code) of the Platform, either during or after the Subscription Term.
illio may suspend the provision of the Hosted Services if any amount due to be paid by you to illio under the SaaS Agreement is overdue, and illio has given to you at least 30 days' written notice, following the amount becoming overdue, of its intention to suspend the Hosted Services on this basis.
You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Hosted Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify illio.
The rights provided under the SaaS Agreement are granted to you only, and shall not be considered granted to any subsidiary or holding company of yours.
1.6 Support Services
illio shall provide the Support Services with reasonable skill and care.
You may contact illio for the purposes of requesting and, where applicable, receiving the Support Services.
illio shall respond as soon as reasonably practicable to all requests for Support Services made by you.
You can choose to become a subscriber to the Platform on an annual basis, or for such other periods that illio may offer from time to time. The applicable fees are set forth on the illio webpage www.illio.com.
Eligibility for any promotions or discounts is ascertained at the time you become a subscriber and cannot be changed during the term of your subscription. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts.
illio reserves the right to revise and update the applicable fees for subscriptions, and the different subscription packages available, at any time at its sole discretion. We may revise or update fees from time to time. However, any price changes to your subscription plan will apply to subsequent billing cycles following notice of the change(s) to you. Prior to the subsequent billing cycle, if you do not agree to the revised fees, you may cancel your subscription by contacting illio using the details set out in Clause 10. Otherwise, you will be deemed to have agreed to the revised fees, which will be automatically applied on the subsequent billing cycle.
2.2. Payment details
2.2.1Individual Users & Mobile Users
Subscription fees are payable on the illio website through a credit card payment system.
The currency in which your subscription is payable will be specified during the order process, and may vary depending on your jurisdiction of residence.
When you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. illio reserves the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties if there is suspicious activity.
In addition to the subscription fee you are charged, certain banks and credit card issuers will charge a foreign transaction fee on transactions which take place abroad or in a foreign currency. You are responsible for paying any such fees.
All amounts stated in or in relation to the subscription, unless the context requires otherwise, stated exclusive of any applicable value added taxes, which will be added to those amounts and payable by you to illio.
illio may elect to vary any element of the Charges by giving you not less than 30 days' written notice of the variation.
illio shall issue invoices for the Charges to you from time to time during the Subscription Term.
You must pay the Charges to illio within the period of 30 days following the issue of an invoice in accordance with this Clause 2.2.1 providing that the Charges must in all cases be paid before the commencement of the period to which they relate.
You must pay the Charges using such payment details as are notified by illio to you from time to time.
2.2.2 Corporate Users
Subscription fees are payable in accordance with your SaaS Agreement.
If you do not pay any amount properly due to illio under the SaaS Agreement, illio may:
if illio has not received payment within 30 days after the due date, and without prejudice to any other rights and remedies of illio, it may, without liability to you, disable your password, account and access to all or part of the Hosted Services and illio shall be under no obligation to provide any or all of the Hosted Services while the invoice(s) concerned remain unpaid.
If you wish to purchase additional User Subscriptions, you shall notify illio in writing. Illio shall evaluate such request for additional User Subscriptions and respond to you with approval or rejection of the request (such approval not to be unreasonably withheld). Where illio approves the request, illio shall activate the additional User Subscriptions within five (5) Business Days of its approval of your request.
If illio approves the your request to purchase additional User Subscriptions, you shall, within 30 days of the date of illio’s invoice, pay to illio the relevant fees for such additional User Subscriptions as set out in the SaaS Agreement and, if such additional User Subscriptions are purchased by you part way through the Initial Subscription Term or any Renewal Period (as applicable), such fees shall be pro-rated from the date of activation by illio for the remainder of the Initial Subscription Term or then current Renewal Period (as applicable).
All amounts and fees stated or referred to in the SaaS Agreement:
2.3. Automatic renewal of subscription
Your subscription will automatically renew unless you cancel at least ninety (90) days before the
end of the current billing period.
2.4. Cancellation and refund of subscription fees
Except as permitted in accordance with Clause 2.3 above, subscriptions are non-cancellable and non-refundable and there is no right to refunds or credits unless required by Applicable Laws. Although you may notify us of your intention to cancel your subscription at any time, such notice will only take effect at the end of your then current subscription period, and you will not receive a refund.
3. USE OF THE PLATFORM
3.1. By using the Platform, you confirm that you will not use the Platform for any of the
(a) Unlawful Activity – any activity that: (i) involves proceeds from any illegal or unlawful activity; (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could possibly violate, any civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or
association by which illio or the User are bound in any jurisdiction applicable to the access and use of the Platform ("Applicable Laws").
(b) Unauthorised Use – any activity that: (i) interferes with, disrupts, negatively affects or inhibits other Users from accessing or fully enjoying the Platform; (ii) introduces to the Platform any malware, virus, trojan horse, worms, logic bombs or any other programme that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (iii) attempts to gain unauthorised access, whether through password mining or otherwise, to other User Accounts, computing systems or networks connected to the Trading Platform; (iv) undermines the security or integrity of the computing systems or networks on which the Platform is hosted; (v) attempts to modify, copy, reproduce, reverse engineer or decompile the Platform or the computer programs used to deliver the Platform; (vi) uses the User Account information of another person to access or use the Platform; or (vii) transfers access or rights to your User Account to a third party.
(c) Abusive Acts – any act that: (i) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person; (ii) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any other person; or (iii) harvests or otherwise collects information from the Platform, including about other Users.
(d) Fraud – any act that: (i) attempts to defraud illio or any other person; or (ii) provides false, inaccurate or misleading information to illio.
3.2. You understand and agree that the information and any other content contained in or provided to you on this Platform is general in nature and is provided for information purposes only. Information provided to you on this Platform does not take into account your specific investment objectives, financial situation, tax situation or particular needs, and (a) does not and is not intended to constitute advice on, or a solicitation or offer of, or recommendation on, any investment or financial products of any nature, and (b) does not and is not intended to constitute an invitation or inducement to engage in investment activity. Nothing on this Platform shall be construed as giving any recommendation or advice on any securities or investments or as inducing any person to buy or sell securities or investments. You may wish to seek your own professional advice (including financial, legal and tax advice) suitable to your particular circumstances prior to making any investment or if you are in doubt as to the information on this Platform. The information contained on this Platform is not directed at or intended for distribution or publication to, or use by any person who is a resident of or located in any jurisdiction in which the direction, distribution or publication or use of such information would be contrary to Applicable Laws or which would subject illio (or any other person referred to on this Platform) to any registration or licensing requirements in respect of that jurisdiction. illio is not licensed, registered, authorised or otherwise regulated in any jurisdiction by any regulatory authority.
4. AVAILABILITY OF SERVICES AND SECURITY
4.1. illio shall use commercially reasonable efforts to ensure that the Platform is available to you. However, access to the Platform may be disrupted from time to time due to necessary maintenance, technical issues, network and system capacity constraints or other events outside of illio's control. illio will use commercially reasonable efforts to avoid downtime of the Platform, but assumes no liability if the Platform or any part thereof is unavailable at any time or for any period.
4.2. You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data.
4.3. You acknowledge and agree that illio shall not have any liability or be responsible in any way for: (a) your use of the internet to connect to the Platform or any technical problems, system failures or security breaches; (b) the hardware that you use to access the Platform (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the Platform that is stored on your own hardware; or (c) any fees you may incur in order to connect to the internet for the purpose of using or accessing the Platform.
4.4. You must immediately notify the illio team in the event that you become aware of any part of the Platform malfunctioning or if you otherwise experience any material malfunction or other connectivity problem that adversely affects your access to or use of the Platform.
5. INTELLECTUAL PROPERTY AND USE LICENCE
5.1. illio's ownership of the Platform
All of the patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (collectively, "Intellectual Property Rights") in the Platform and the material published on and through it are owned by illio, its licensors and other providers of such material and are protected by applicable intellectual property laws and treaties around the world. You may not engage in any activity on or through the Platform that infringes or otherwise makes unauthorised use of another party’s Intellectual Property Rights.
5.2. User's licence to use Platform
You are not granted any right to use, and may not use, any of illio's Intellectual Property Rights
(a) you are granted a limited, personal, non-transferable, non-assignable, non-sublicensable and revocable license to access and use the Platform (or any part of it or its contents) for your own personal use and may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the Platform (or any part of it or its content) in any way for non- personal, public or commercial use without prior written consent from illio;
(b) you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Platform; and
(c) you may not use any data mining, robots or similar data-gathering or extraction methods.
illio reserves the right to monitor your use of the Platform and to alter or revoke your license or your access to the Platform at any time and for any reason. Any monitoring by illio will be restricted to technical purposes only (e.g. Platform maintenance), but illio will not, subject to Clause 7.4, access your Portfolio Data or grant such access to another other person, other than where you have provided consent to such access or in the event of urgent technical necessity.
Your license shall terminate upon the expiry or termination of your User Account.
6. THIRD PARTY SERVICES AND CONTENT
In using the Platform, you may view content provided by third-parties, including links to web pages and services of such parties ("Third Party Content"). Unless expressly stated otherwise, illio does not control, endorse or adopt any Third Party Content and has no responsibility for Third Party Content including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction.
Your dealings or correspondence with such third parties are solely between you and the third party. illio is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and you understand that your use of Third Party Content, and your interactions with third parties, is at your own risk.
If you access the Platform through or using any services or software provided by third parties, you acknowledge and agree that illio is not responsible or liable for any loss or damage of any kind incurred as a result of your use of such third party services or software.
7. LIMITATIONS OF LIABILITY, DISCLAIMER, INDEMNITY 7.1. Limitation of Liability
(b) Subject to the foregoing, to the maximum extent permitted by Applicable Law:
(i) in no event shall illio, its affiliates and its and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, "Associated Parties") be liable for any:
(B) loss of profit, business opportunity, anticipated savings, revenue or goodwill,
To the maximum extent permitted under applicable law, the platform and any product, hosted services, service or other item provided by illio or on behalf of illio by a third party provider (“illio platform”) are provided on an "as is" and "as available" basis and illio expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title or infringement or non-infringement or warranties arising from course of performance, course of dealing or usage in trade and no warranties are made as to results to be obtained from use of the same.
Without limiting the foregoing, illio nor any of its third party providers does not represent or warrant that the illio platform is accurate, complete, reliable, uninterrupted, timely, current or error-free, or free of viruses or other harmful components. Use of the same and reliance thereon is at your sole risk. Neither illio or its third party providers will in any way be liable to you or any user or any other entity or person for their inability to use the illio platform, or for any inaccuracies, errors, omissions, delays, computer virus or other infirmity or corruption, damages, claims, liabilities or losses, regardless of cause, in or arising from the use of the illio platform.
In no event will illio or its third party providers be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with illio platform even if illio or its third party providers or their representatives are advised of the possibility of such damages, losses or expenses. Further, illio or its third party providers shall not be liable in any manner for redistributor's products or services.
To the maximum extent permitted by Applicable Law, you agree to indemnify and hold harmless immediately upon demand illio and the Associated Parties from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense including reasonable attorneys' fees, in any way arising out of, in relation to or in connection with directly or indirectly:
(a) your use of, or your Customer’s use of, or conduct in, or Customer’s conduct in, connection with, the Platform;
(c) feedback or submissions you provide; or
(d) your violation of any Applicable Law or the rights of any other person or entity.
You will provide illio and the Associated Parties with any assistance that illio and the Associated Parties reasonably requests in defending any such action or proceeding.
illio will keep your Portfolio Data confidential on the terms herein and exercise at least the same degree of care with respect to the Portfolio Data that illio exercises to protect its own confidential information of a similar nature, and in any event, no less than reasonable care.
You grant illio the right to use and disclose the Portfolio Data to the extent necessary (i) for the purposes of storage and purely technical processing at illio's direction, subject to industry- standard security measures (e.g. storage on a secure cloud); (ii) where illio is required to do so pursuant to Applicable Laws; and (iii) in the event of a sale of the illio business as a whole. illio may disclose Portfolio Data to Associated Parties who have a "need to know" such information and only to the extent necessary to provide the services on the Platform.
(a) modify the Hosted Services in such a way that they no longer infringe the relevant Intellectual Property Rights; or
10. COMPLAINTS, GOVERNING LAW AND DISPUTE RESOLUTION
10.1. If you have any questions, feedback or complaints, please contact the illio team at the following email address: firstname.lastname@example.org. Alternatively, you can contact the illio team by completing a contact form (available at this webpage: www.illio.com) or through a chat function on the illio website.
11.1. Data Privacy
No waiver of any provision hereof shall be valid unless in writing and signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
11.5. Relationship of the parties
11.6. Third party rights V1 18.06.2021
11.7. Force Majeure Event
A "Force Majeure Event" means any event beyond illio's reasonable control, including flood, extraordinary weather conditions or earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or third party system.
Where a Force Majeure Event takes place and you no longer wish to be a subscriber, you may cancel your subscription and receive a full refund.
11.8 Mobile App
"Account" means an account enabling a person to access and use the Hosted Services;
"Authorised Users" means those employees, agents and independent contractors of you/the User or such third parties affiliated to you/the User who are authorised and/or provided access by you/the User to use, view or access to the Platform and the Documentation;
"Business Day" a day other than a Saturday, Sunday or public holiday in Hong Kong when banks in Hong Kong are open for business;
"Customer Confidential Information" means:
"Customer Data" means all data, works and materials: uploaded to or stored on the Platform by the User transmitted by the Platform at the instigation of the User; supplied by the User to illio for uploading to, transmission by or storage on the Platform; or generated by the Platform as a result of the use of the Hosted Services by the User (but excluding analytics data relating to the use of the Platform and server log files);
"Customer Personal Data" means any Personal Data that is processed by illio on behalf of the User in relation to this Agreement, but excluding data with respect to which illio is a data controller;
"Data Protection Laws" means all legislation and regulatory requirements in force from time to time relating to the use of personal data and the privacy of electronic communications, including, without limitation (i) any data protection legislation from time to time in force in the UK including the Data Protection Act 2018 or any successor
legislation, as well as (ii) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to data protection and privacy (for so long as and to the extent that the law of the European Union has legal effect in the UK) and (iii) (where applicable and not covered in (i) or (ii) above) any data protection legislation from time to time in force in Hong Kong including the Personal Data (Privacy) Ordinance (PDPO) as amended in 2012 or any successor legislation;
"Documentation" means any documentation for the Hosted Services produced by illio and delivered or made available by illio to the User;
"Electronic Signature" means Adobe EchoSign, Verisign, Docu-Sign or any other form of electronic signature illio may agree to accept.
"Hosted Services Defect" means a defect, error or bug in the Platform having a material adverse effect on the appearance, operation, functionality or performance of the Hosted Services, but excluding any defect, error or bug caused by or arising as a result of:
"Hosted Services Specification" means the specification for the Platform and Hosted Services set out in the SaaS Agreement and in the Documentation;
“Initial Subscription Term” means 12 months immediately following the end of the Trial Period, if any;
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
"Maintenance Services" means the general maintenance of the Platform and Hosted Services, and the application of Updates and Upgrades;
"Mobile App" means the mobile application known as illio that is made available by illio to the User through a Supported Web Browser and more specifically from any of the “Google Play Store”, “Apple App Store” or such other third party portal from which the Mobile App is accessible;
"Permitted Materials" means any such reports published or downloadable from the Platform;
"Permitted Services" means any such services provided by the User exclusively to its clients in relation to the Platform in the ordinary course of business without liability to illio;
"Personal Data" has the meaning given to it in the Data Protection Laws applicable in the United Kingdom and (where applicable) Hong Kong from time to time;
"Platform" means the internet platform managed by illio and used by illio to provide the Hosted Services, including the application and database software for the Hosted Services, the system and server software used to provide the Hosted Services, and the computer hardware on which that application, database, system and server software is installed;
"Portfolio” means a collection of financial or other instruments, whether held individually or within a collective investment scheme and may or may not be managed by, but not limited to, an appointed representative such as a financial advisor or investment manager.
"SaaS Agreement" means the SaaS agreement between illio and the applicable Corporate User and including any Schedules, and any amendments to that agreement as may be agreed in writing between the parties from time to time;
"Schedule" means any schedule attached to the main body of any applicable SaaS Agreement;
"Subscription Term" has the meaning given in the SaaS Agreement (being the Trial Period and the Initial Subscription Term together with any subsequent Renewal Periods);
"Subscription Fees" means the subscription fees payable by the User to illio for the User Subscriptions, as set out (i) for Individual Users, on the illio webpage www.illio.com and
(ii) for Corporate Users, in the applicable SaaS Agreement; and (iii) for Mobile Users, in the Mobile App;
"Support Services" means support in relation to the use of, and the identification and resolution of errors in, the Hosted Services, but shall not include the provision of training services;
"Supported Web Browser" means the current release from time to time of Microsoft Edge, Mozilla Firefox, Google Chrome or Apple Safari, or any other web browser that the Provider agrees in writing shall be supported;
"Trial Period" means a period of one month, or such other period as agreed between the parties;
"Upgrade" means a major version upgrade of any Platform software; and
"Virus" means any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re- arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
"Vulnerability" means a weakness in the computational logic (for example, code) found in software and hardware components that when exploited, results in a negative impact to the confidentiality, integrity, or availability, and the term Vulnerabilities shall be construed accordingly.