This Agreement is made between (1) ET Net Limited ("ET Net") AND (2) User whose name is set out below.
1.2 Notice to User
By clicking on 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.
In this Agreement the following expressions shall have the following meanings:
"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;
"Fees" means any subscription fee which is payable (where applicable) by User associated with User's use and/or access to Service together with such other third party charges, access fees and other fees and charges as may be charged by ET Net from time to time, and whether or not as agent, for User's use and/or access to Service (and any other person's use and/or access to Service where such person was able to access Service by using Login ID and Password) and/or the on-line delivery of Content;
"Login ID and Password" means any unique personal identifiers issued by ET Net to User for gaining access to Service;
"Service" means the on-line service provided by ET Net as part of ET Net’s Internet Service which User wishes to access via the Internet and/or the World Wide Web and/or Interactive Voice Response System;
"EBSHK" means Sun Hung Kai Investment Services Limited, SHK Online (Securities) Limited, Everbright Sun Hung Kai Company Limited, any other subsidiary or holding company of Everbright Sun Hung Kai Company Limited, or any one of them as the case may be;
"Sources" means all Content suppliers including but not limited to HKEX Information Services Limited, its holding companies and/or any subsidiaries of such holding companies and other exchanges and specialist data providers whose Content is contained in the Service provided;
"User" means any company, firm, partnership or individual whose name is set out below as the recipient of Service.
2. LICENSES AND MUTUAL OBLIGATIONS
2.1 Obligations of ET Net
2.1.1 ET Net 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 ET Net shall authorise 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 ET Net reserves the right at all times to (i) immediately suspend User's access to Service without notice, where ET Net 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 ET Net; (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 EBSHK 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 ET Net 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.
2.1.5 Services that are designated to China users are offered only to residents in China (Hong Kong S.A.R. and Macau are not included) and User can only access Service from within China, ET Net reserves the right to immediately suspend User's access to Service if our system detects that User tries to access Service from outside of China.
3. Obligations of User
3.1 User agrees to pay all Fees due in accordance with the terms of this Agreement including all fees imposed by Sources which supply data to User. User understands that the fees charged by such Sources may change from time to time and agrees to pay the effective amount incurred during the subscription period.
3.2 User shall inform ET Net within 10 days of any change in name, address or billing information provided by User to ET Net to use Service.
3.3 User hereby acknowledges that Service and Content are proprietary to and/or the copyright of ET Net and/or ET Net'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 ET Net and, where necessary, Sources.
3.4 User shall forthwith notify ET Net in writing of any misuse of, or infringement of, the copyright of any Content.
3.5 User will not trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of ET Net's servers, its Content and/or any data areas for which User has not been authorised by ET Net.
3.6 User shall not assign, transfer or sub-license all or any part of its rights or obligations under this Agreement.
3.7 For services that are designated for China users, User is required to provide a valid address proof to ET Net prior to using the Service to show that User resides in China (Hong Kong S.A.R. and Macau are not included).
4. DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY
4.1 Disclaimer of Warranty
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 ET Net, the Sources, EBSHK or the relevant website proprietors make any warranty of any kind whatsoever (save for those expressly stated in this Agreement as being made by that party) relating to the Service including any Content furnished through the Service, express or implied, including without limitation, non-infringement of third party rights or merchantability or fitness for any particular purpose of use. While ET Net endeavours to ensure, and will endeavour to ensure that the Sources , and the respective holding companies of ET Net and the Sources and/or any subsidiaries of such holding companies, and/or their respective third party information providers endeavour to ensure the accuracy and reliability of the information provided, none of the foregoing parties, EBSHK or the relevant website proprietors guarantee its accuracy and reliability and accept no liability (whether in tort or contract or otherwise) for any loss or damage arising from any inaccuracies or omissions. The quotes, charts, commentaries and buy/sell ratings on this website should be used as references only at User’s own discretion. ET Net Limited is not soliciting any subscriber or site visitor to execute any trade. Any trades executed following the commentaries and buy/sell ratings on this website are taken at User’s own risk for your own account.
4.2 Limitations of Liability
4.2.1 Neither ET Net nor Sources nor EBSHK 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 ET Net's or Sources' or EBSHK's or the relevant website proprietors' negligence in procuring, compiling, interpreting, editing, reporting or delivering any Content. In no event will ET Net or Sources or EBSHK 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 (both of which may be either a direct or consequential loss), or for any third party claim of any nature whatsoever related to the Service or its use.
4.2.2 User will indemnify ET Net and Sources and EBSHK and the relevant website proprietors, and their servants, and hold ET Net and Sources and EBSHK and the relevant website proprietors, and their servants, harmless against all claims, liability, losses, damages and expenses, including, without limitation, legal fees and costs (on a full indemnity basis) arising out of or incurred as the result of any claims made, or litigation brought, against ET Net and Sources and EBSHK 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
This Agreement shall takes effect upon User clicking on the “I accept” button at the end of the 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 automatically renew at the end of each subscription period and shall take effect during this new subscription period.
5.2 Termination and Effect
5.2.1 ET Net or EBSHK 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 ET Net.
5.2.2 User acknowledges that this Agreement will be terminated forthwith upon termination of the agreement between ET Net and EBSHK and that User shall have no claim whatsoever against ET Net or EBSHK for any interruption in provision of Service thus arising.
5.2.3 Upon the termination of this Agreement (i) all licenses and other rights and privileges granted to User under the terms of this Agreement shall forthwith cease; and (ii) User will not be entitled to a refund of any Fees which have been paid in advance on the termination of this Agreement.
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
This Agreement shall take effect upon submission of a signed copy of this Agreement and this Agreement shall replace all previous agreements. 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
User hereby authorises ET Net to collect, 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. This is necessary for ET Net to supply the Service to User under this Agreement.
6.4 Governing Law and General Provisions
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.
6.5 Contracts (Rights Of Third Parties) Ordinance
Except in relation to EBSHK and as otherwise expressly provided for in clauses 4 and 5, a person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) to enforce any term of this Agreement. Notwithstanding any term of this Agreement, the rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this Agreement are not subject to the consent of any other person.
This Agreement is made in the English language only. If there is any conflict in meaning between the English language version of this Agreement and the Chinese language translation of this Agreement, the English language version prevails.