| QUOTEPOWER INTERNET SERVICE AGREEMENT |
| 1. |
INTRODUCTION |
| 1.1 |
Parties |
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This Agreement is made between (1) QuotePower International Limited ("QPI") AND (2) User. |
| 1.2 |
Notice to User |
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By pressing the 'I Accept' button at the end of this Agreement below, User is deemed to have read, understood, and accepted the terms and conditions stated in this Agreement. User may print and keep a copy of this Agreement. |
| 1.3 |
Definitions |
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In this Agreement the following expressions shall have the following meanings: |
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"Agent" means SHK online Limited; |
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"Content" includes without limitation any content, software, data, information, messages and all textual, audio, video, still image, graphical and other contents or materials that can be accessed by or through Service; |
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"Login ID and Password" means any unique personal identifiers issued by QPI to User for gaining access to Service; |
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"Service" means the on-line service provided by QPI as part of QuotePower Internet Service which User wishes to access via the Internet and/or the World Wide Web and/or Interactive Voice Response System ; |
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"Sources" means all Content suppliers including but not limited to The Stock Exchange of Hong Kong Limited and other exchanges and specialist data providers whose Content is contained with Service; |
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"User" means any company, firm, partnership or individual as the recipient of Service. |
| 2. |
LICENSES AND MUTUAL OBLIGATIONS |
| 2.1 |
Obligations of QPI |
| 2.1.1 |
QPI shall grant to User a non-exclusive non-transferable limited license to access the Service in accordance with the terms and conditions of this Agreement and subject to any and all copyright notices or restrictions applicable to Service and its Content and such license shall not permit local area network or wide area network distribution of Content and is for individual use only. |
| 2.1.2 |
QPI shall authorize for each User one Login ID and Password for access by User to Service. User is not allowed to give this Login ID and Password to third parties. |
| 2.1.3 |
QPI reserves the right at all times to (i) immediately suspend User's access to Service without notice, where QPI is of the opinion that User has breached any of the terms contained in this Agreement or that such action is appropriate, desirable or necessary in the reasonable opinion of QPI; (ii) amend Fees or introduce new fees or amend any of the terms and conditions of this Agreement where such amendments shall be posted on-line at the website(s) designated by Agent which shall take effect 7 days after any such posting is made and such amendments shall not be notified to User individually. |
| 2.1.4 |
QPI may, at its absolute discretion and at any time, add, amend or remove, without prior notice to User, alter the presentation, substance, and functionality of any Content. |
| 3. |
Obligations of User |
| 3.1 |
User hereby acknowledges that Service and Content are proprietary to and/or the copyright of QPI and/or QPI's holding companies, subsidiary companies or associated companies and/or Sources and are for use solely by User, and Content provided by Service may not be copied, manipulated, republished or redistributed to third parties in any form by any means without the prior written consent of QPI and, where necessary, Sources. |
| 3.2 |
User shall forthwith notify QPI in writing of any misuse of, or infringement of, the copyright of any Content. |
| 3.3 |
User will not trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of QPI's servers, its Content and/or any data areas for which User has not been authorized by QPI. |
| 3.4 |
User shall not assign, transfer or sub-license all or any part of its rights or obligations under this Agreement. |
| 4. |
DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY |
| 4.1 |
Disclaimer of Warranty |
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User expressly acknowledges and agrees that the Service is provided to it on an "as is" basis and that its use of its Content is at its sole risk. Neither QPI nor Sources nor Agent nor the relevant website proprietors make any warranty of any kind whatsoever (save for those expressly stated in this agreement) relating to Service including any Content furnished through Service, express or implied, including without limitation, non-infringement of third party rights or merchantability or fitness for any particular purpose of use. QPI and Sources endeavour to ensure the accuracy and reliability of Content provided but QPI and Sources and Agent and the relevant website proprietors do not guarantee its accuracy or reliability and accept no liability (whether in tort or contract or otherwise) for any loss or damage arising from any inaccuracies or omissions. |
| 4.2 |
Limitations of Liability |
| 4.2.1 |
Neither QPI nor Sources nor Agent nor the relevant website proprietors shall be liable to User or anyone else for any direct, indirect, consequential or incidental loss, cost or damage, nor any special or punitive damage, or injury caused in whole or in part by QPI's or Sources' or Agent's or the relevant website proprietors' negligence in procuring, compiling, interpreting, editing, reporting or delivering any Content. In no event will QPI or Sources or Agent or the relevant website proprietors be liable to User for any direct, consequential, incidental, special or punitive damage, including any lost profits or lost savings, or for any third party claim of any nature whatsoever related to Service or its use. |
| 4.2.2 |
User will indemnify QPI and Sources and Agent and the relevant website proprietors, and their servants, and hold QPI and Sources and Agent and the relevant website proprietors, and their servants, harmless against all claims, liability, losses, damages and expenses, including, without limitation, legal fees and costs arising out of or incurred as the result of any claims made, or litigation brought, against QPI and Sources and Agent and the relevant website proprietors, and their servants, as a result of the use by User of Content or part thereof. |
| 5. |
TERM AND TERMINATION |
| 5.1 |
Term |
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This Agreement shall take effect upon pressing the 'I Accept' button at the end of this Agreement below and shall continue until the termination of this Agreement. Unless User terminates this Agreement following the proper procedure stated in 5.2 below, this Agreement shall continue to be effective. |
| 5.2 |
Termination and Effect |
| 5.2.1 |
QPI or Agent may terminate this Agreement forthwith at any time by notice to the User if the User breaches any term of this Agreement or if User's use of or actions in connection with Service are inappropriate in the reasonable opinion of QPI. |
| 5.2.2 |
User acknowledges that this Agreement will be terminated forthwith upon termination of the agreement between QPI and Agent and that User shall have no claim whatsoever against QPI for any interruption in provision of Service thus arising. |
| 5.2.3 |
Upon the termination of this Agreement, all licenses and other rights and privileges granted to User under the terms of this Agreement shall forthwith cease. |
| 6. |
GENERAL |
| 6.1 |
Invalidity |
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If any term or provision in this Agreement shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law, that term or provision or part shall to that extent be deemed not to form part of this Agreement and the enforceability of the remainder of this Agreement shall not be affected. |
| 6.2 |
Entire Agreement |
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This Agreement shall take effect upon pressing the 'I Accept' button at the end of this Agreement below. This Agreement forms the entire understanding between the parties hereto and all other statements, representations and warranties in relation to Service whether expressed or implied by statute, law or otherwise howsoever are hereby excluded. |
| 6.3 |
Personal Data |
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User hereby authorises QPI to release and supply Personal Data of User to the Stock Exchange of Hong Kong Ltd. and other exchanges and specialist data providers in connection with the provision of Service and Content to User pursuant to this Agreement. |
| 6.4 |
Governing Law and General Provisions |
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The validity construction and performance of this Agreement shall be governed by the laws of Hong Kong Special Administrative Region and both parties hereby submit to the non-exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region. |
| 7. |
I/We confirm that I/we have read and understood the above and confirm my/our agreement to the
terms and conditions. |
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