N2N-AFE (Hong Kong) Limited
PCCW OTT (Hong Kong) Limited
HONG KONG STOCK MARKET NET Services Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. YOUR ACCESS AND/OR USE OF ANY HONG KONG STOCK MARKET NET SERVICES MEANS YOU HAVE READ, ACCEPTED AND AGREED TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
All defined terms used herein are in italics for your convenience and have the respective meanings set out below:
Access Provider - PCCW OTT (Hong Kong) Limited provides access to the Service and collect payment for the Service.
Access Provider Group – Access Provider and any company which controls, is under common control of or controlled by the Access Provider.
AFE – N2N-AFE (Hong Kong) Limited
AFE Group - AFE and its Subsidiaries from time to time.
Agreement - these terms and conditions as amended or supplemented by us from time to time.
Information – any content and information (in whatever form including images, still and moving, and sound recordings) contained in the Service.
Information Provider - a client of ours or other third party including any stock, futures or commodities exchange, whose information is contained in the Service.
"Login ID and Password" means such login ID and related password for access to the Service;
Service – any and all Hong Kong Stock Market NET services as may from time to time be available (including but not limited to Hong Kong Stock Market Net (Basic), Warrant Power and Performance Metric) which include the provision of Information and the Software (if any).
Service Fees - the fees charged by us from time to time for the supply of the Service.
Site - the location of your personal computer to which the Service is supplied.
Software - software or any part of it and related documentation belonging to the AFE which is contained in the Service and includes upgrades and enhancements.
Subsidiary - a company in which another company owns directly or indirectly more than 50% of the issued share capital or over which it exercises effective control.
We, Our or Us – collectively N2N-AFE (Hong Kong) Limited and the Access Provider
Headings used in the Agreement are for convenience and shall not affect the construction and/or interpretation of the Agreement.
1.1 Service: We will provide access to the Service to you. Access Provider will invoice you periodically for the Service Fees and you shall pay the Service Fees on or before payment due date.
1.2 Use: You may only use the Service in accordance with the Agreement.
1.3 Changes: We may amend any of the terms and conditions of this Agreement, such amended Agreement will be posted on the service website, and unless otherwise specified, will take effect 7 days after its posting.
1.4 Access Provider: Access Provider has no control over the Service and any Information available through the Services.
1.5 Your Acknowledgment: You acknowledge that i) the Information available from the Service is intended for reference and informational purposes only and not as an offer, solicitation or any advice relating to the acquisition or disposal of securities or other financial instruments; and ii) You will make, and are responsible for making, your own investment and/or trading decisions and will obtain your own independent advice where necessary.
1.6 Cookies: We may place a "cookie" on your computer; for example to provide personalised services and/or maintain your identity across multiple pages within or across one or more sessions. This information may include, but is not limited to, relevant login and authentication details as well as information relating to your activities and preferences across the Company’s web sites.
2. COMMENCEMENT AND DURATION
The Agreement will take effect immediately when you accept these Terms and Conditions and will continue until you terminate the Service in accordance with this Agreement.
3.1 You will be responsible for the payment of all on-line charges and for the communication facilities which enable you to access the Service.
3.2 We may by giving one month‘s prior written notice adjust or change the Service Fees for the Service.
3.3 You will pay the Service Fees by notifying the Access Provider of your credit card details and the Access Provider will debit your credit card account. Once you have submitted a duly completed application and paid the Service Fees, you will receive a password from the Access Provider which you may use for access to the Service. 3.4 We may, without incurring any liability, change the password issued to you and the Access Provider will inform you of such change.
3.5 If we fail to receive the Service Fees for the following service month by the payment due date, we have the right to terminate the Service by the end of such period for which the Service Fees have been paid. Once we exercise this right, you may not continue to use the Login ID even if you settle the Service Fees before the commencement of the following service month. If you wish to continue to use the Service in the following service month, a new Login ID will be assigned to you.
4. YOUR RESPONSIBILITIES
4.1 You will:
(a) keep your Login ID and Password confidential. If you learn or suspect that your password has been obtained by another person, you will immediately notify the Access Provider. We will then cancel the password and, subject to such conditions as we may deem appropriate, through the Access Provider may assign a new password to you.
(b) not reproduce, distribute, publish, copy, download, transmit or otherwise exploit any Content which is protected by copyright or other intellectual property or similar
(c) not hack, break into, access, use or attempt to hack, break into, access or use any other parts of our servers, its Content and/or any data areas which you have not been authorized to access
5.1 We may, without notice to you, suspend the Service or your access to the Service if:
(a) you have breached any of the terms contained in this Agreement or that we in our reasonable opinion such action is appropriate, desirable or necessary;
(b) there is any technical failure, disruption beyond our reasonable control or caused by third party telecommunications suppliers or operators or by any reason of any restriction, order or limitation imposed by any court, regulatory body, stock exchange or government authority of Hong Kong or elsewhere
5.2 Service Fees will not be refunded to you for such times while the Service is suspended.
6.1 You can terminate any Service by submitting a duly completed HONG KONG STOCK MARKET NET termination form on or before 14th day of a month by fax to the Access Provider. Once the Access Provider receives your HONG KONG STOCK MARKET NET termination form, the Access Provider will send a confirmation email to you, normally within 4 working days if the HONG KONG STOCK MARKET NET termination form is duly completed, and the Service will be terminated by the end of that month. If you have not received our confirmation e-mail within 4 working days from your date of submission, please call Customer Service Hotline 1000 for enquiry. If the HONG KONG STOCK MARKET NET termination form reaches the Access Provider on or after 15th of any month, the Service will only be terminated at the end of the following month and you will have to continue to pay Services Fees for the following month. Please note Warrant Power and Performance Metric, are non-severable from Hong Kong Stock Market Net (Basic) services, in the event Hong Kong Stock Market Net (Basic) is terminated for whatever reason, Warrant Power and Performance Metric services will also be terminated at the same time. We will not refund to you any charges you paid in advance prior to the termination of the Service.
6.2 If you materially breach the Agreement, we may immediately suspend your access until the breach is remedied or terminate your access to the Service in whole or in part No refund of the Service Fees will be payable in either case. A material breach shall include, without limitation, any unauthorised use of the Service or Information or breach of clause 9.
6.3 If we cannot successfully process payment of Service Fees through the credit card you have chosen, the Service will be automatically terminated at the end of the month for which service fees have been paid.
6.4 We may modify or cancel the Service or a part of the Service, as the case may be, immediately by notice to you.
6.5 If we cancel the Service or a part of the Service, our only obligation to you will be to refund the part of the Service Fees paid in advance for the cancelled part of the Service.
7. EFFECT OF TERMINATION
7.1 Upon expiration of the Agreement or termination of all or any part of the Service, unless otherwise specifically agreed in writing between you and us, you must delete any Information contained in the terminated Service, and, if requested by us, certify the deletion in writing.
7.2 All disclaimers, indemnities and restrictions relating to the Service and your use of the Service and clauses 9and 10 shall continue to apply after termination of the Agreement.
7.3 Once the Service or your access to the Service is terminated, all information stored in respect of your Login ID will be deleted and cannot be restored. If the Service is terminated for whatever reasons, you cannot continue to use the the same Login ID and a new Login ID will be assigned to you if you re-apply for the Service.
8.1 Although AFE will use all reasonable endeavours to ensure the accuracy and reliability of the Service, neither AFE, Access Provider, nor any other member of the AFE Group, Access Provider Group, nor any Information Provider, nor any third party supplier will be liable for any loss or damage in connection with the provision of or failure to provide the Service, your use and/or inability to use the Service except as set out in clause 7.2.
8.2 Nothing in the Agreement shall be construed so as to exclude the liability of the AFE Group under this Agreement for death or personal injury caused by our negligence.
8.3 EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, WARRANTIES OR UNDERTAKINGS, WHETHER ORAL OR IN WRITING, IN LAW OR IN FACT, INCLUDING WARRANTIES AS TO SATISFACTORY QUALITY, REASONABLE CARE AND SKILL TITLE AND FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY ARE EXCLUDED. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY REPRESENTATION, WARRANTY OR RESPONSIBILITY IN RELATION TO THE OPERATION OR QUALITY OF THE SERVICE, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, THE INFORMATION.
8.4 Neither AFE, nor Access Provider, nor any member of the AFE Group or Access Provider Group, nor any Information Provider, nor any other third party supplier will be liable to you or to any third party for loss of revenue (whether direct of indirect), loss of profits or any indirect, special or consequential loss (whether or not of an economic nature) or damage arising out of the Agreement or the use or inability to use the Service.
8.5 To the extent required by law and except for clause 8.2, you agree that under no circumstances will AFE or Access Provider’s liability (whether jointly or severally) in respect of any claim or claims arising under the Agreement exceed one year subscription fees , regardless of the cause or form of action.
8.6 You agree to indemnify each of AFE, Access Provider, and any member of the AFE Group or Access Provider Group for any loss, damage or cost in connection with any claim, action or proceedings brought against AFE , Access Provider, any member of the AFE Group or Access Provider as a result of (a) your use of the Service and (b) any breach of this Agreement.
8.7 You agree that this clause 8is enforceable by and to the benefit of members of the AFE Group or Access Provider Group, Information Providers and other third party suppliers.
8.8 You warrant that you are resident in Hong Kong.
9. DATA PROTECTION
9.1 Any information provided by you or obtained by us regarding you or your use of the Service may be used by us for marketing purposes. Under the Personal Data (Privacy) Ordinance (Cap 486) you are entitled to request access to and to require correction of any of your personal data held by us and can make such a request by writing to the Data Protection Officer, PCCW Limited, GPO Box 9872 , Hong Kong or email@example.com
9.2 We, or other members of the AFE Group or Access Provider Group, may send information and offers of products and services to you from time to time, unless you have indicated to us in writing to the address referred to in clause 9.1 above that you do not wish to receive such material.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 All intellectual property rights in the Service, including without limitation, copyright and database right in the Information, shall remain our property or that of the Information Providers, and no copy of, or extract from, the Service, may be made or taken without our prior written consent. Neither the Information nor any extract from the Service may be stored, transmitted or reproduced, whether in machine readable form or otherwise without our prior written consent.
10.2 You will not remove, conceal or amend any copyright, trade mark or other proprietary notice incorporated in the Service. You will not acquire any intellectual property or similar rights in the Service or Information and you agree to comply with notices bringing such rights to your attention and all laws relating to such rights.
10.3 You acknowledge that Information Providers may have rights in the Information which they supply. You agree to comply with any restrictions or conditions imposed on the use and access of Information by the relevant Information Provider, as notified to you by us or by such Information Provider.
10.4 You agree that certain Information Providers will be entitled to have access to your records at any time during business hours to verify your compliance with the Agreement.
10.5 AFE retains control over the form and content of the Service.
10.6 AFE grants you a non-exclusive, non-transferable licence to use the Software at the Site. You will not sub-licence, assign, copy, modify, distribute, transfer, decompile or reverse engineer the Software except as allowed by AFE in writing.
11.1 (a) All notices under the Agreement will be sent by email, registered mail or by fax or delivered in person:
(i) from us to you at the address notified by you as the address for delivery of your password;
(ii) from you to us at the following email address: firstname.lastname@example.org .
(b) Notices will be deemed to be received if posted 3 business days after being sent or on proof of delivery, if earlier.
11.2 You may not assign any right or obligation under the Agreement or any part of it. You agree that we may assign any or all of Our rights and/or obligations under the Agreement to a member of the AFE Group or Access Provider Group without your consent.
11.3 The Agreement is governed by the laws of Hong Kong. Both of us submit to the non-exclusive jurisdiction of the Hong Kong Courts.
11.4 If any part of the Agreement that is not fundamental is found to be illegal or unenforceable, this will not affect the validity and enforceability of the remainder of the Agreement.
11.5 If either of Us delays or fails to exercise any right or remedy under the Agreement, that party will not have waived that right or remedy.
11.6 Neither of us will be held liable for any loss or failure to perform an obligation due to circumstances beyond our respective reasonable control. Should such circumstances continue for more than 3 months, either of us may cancel the Service immediately on written notice.
11.7 You will not use the Service in breach of any applicable laws, regulations or market conventions and will be responsible for obtaining and maintaining all consents and licences and making all filings necessary to receive or use the Service.
11.8 You agree that damages may not be an adequate remedy in the event of a breach of the Agreement by you and therefore that we should be entitled to the remedies of an injunction or other equitable relief for any threatened or actual breach of the Agreement.
12. ENTIRE AGREEMENT
12.1 The Agreement contains our and your entire understanding regarding the Service. In entering into the Agreement, you have not relied on any warranty or representation made by us other than those set out in the Agreement (except that this shall not exclude any liability for fraudulent misrepresentation).
12.2 In order to take account of new policies, we may amend the Agreement from time to time by giving you one month’s notice and any such new terms and conditions will be displayed at the access screen.