In this Agreement, the following expressions shall have the following meanings:
"Commencing date" means the date of activation of the Services after the registered member uses or accesses the Services in accordance with the Agreement.
"Content" includes without limitation any content, software, data, information, messages and all textual, audio, video, still image, graphical and other content or material that can be accessed by or through the Services;
"Member ID and Password" means any unique personal identifiers authorised by DB Power Online Limited to the registered member for gaining access to the Service;
"Services" means any service designated as such by DB Power Online Limited which the registered member wishes to access via the Internet and/or the World Wide Web;
"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 the Service; and
"Registered Member" means any company, firm, partnership or individual represented on the Subscription Form as the recipient of Services who has registered to use the Service by signing the Subscription Form.
2. Responsibilities & Rights of DB Power Online Ltd
- DB Power Online Ltd. DB Power Online Limited shall authorise a Member ID and Password to the registrant which permits the registrant to access the Services.
- The Services shall be provided from the Commencing Date and shall continue until it is terminated by Clause 6.2.
- Without prior notice or consent of the Registered Member, DB Power Online Limited reserves the right at all times to
- expand, reduce and /or modify any of the Services, or any Content without notice;
- deactivate DB Power Online Limited at any time without notice to carry out system maintenance, upgrading, testing and/or repairs;
- limit or suspend the Registered Member's access to the Services without notice, where DB Power Online Limited is of the opinion that the Registered Member has breached any of the terms contained in this Agreement or that such action is appropriate, desirable or necessary in the opinion of DB Power Online Limited.
3. Registered Member's Responsibilities
- The Registered Member acknowledges that this Agreement shall take effect upon Registered Member indicating its acceptance of this Agreement by signing or clicking on the "Accept" button.
- The Registered Member hereby acknowledges that the Service and the Content are proprietary to and/or the copyright of DB Power Online Limited and/or DB Power Online Limited's holding companies, subsidiary companies or associated companies and/or Sources and are for use solely by the Registered Member, and the Content provided by the Service may not be copied, manipulated, republished or redistributed to third parties in any form by any means without the prior written consent of DB Power Online Limited and, where necessary, the Sources.
- The Registered Member shall not trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of DB Power Online Limited's servers, its Content and/or any data areas for which the Registered Member has not been authorised by DB Power Online Limited.。
- The Registered Member shall not assign, transfer or sub-license all or any part of its rights or obligations under this Agreement. The Member ID and Password issued by DB Power Online Limited to the Registered Member is for individual access to the Services only. DB Power Online Limited may change the Member ID and the Password issued to the Registered Member from time to time without any specific reason and DB Power Online Limited shall notify the Registered Member to such change by written notice or e-mail. The Registered Member shall be deemed to have sole and full responsibility for any access to and use of the Services via the Registered Member's password. In the event of loss, theft or unauthorised use of the Password, the Registered Member shall forthwith notify DB Power Online Limited. The Registered Member shall remain liable for use of the Services by any third party until DB Power Online Limited has received written notice of such event from the Registered Member requesting suspension of the Services.
- The Registered Member acknowledges that the Content of the Services is for reference only and is not to be construed as an offer or solicitation for the sale or purchase of securities and/or commodity contracts. DB Power Online Limited and the Sources shall not be responsible for any errors or omissions in postings or for any results obtained from the use of the information provided and shall not be liable for any loss caused by the Registered Member's reliance on such information.
- The Registered Member hereby agrees to indemnify DB Power Online Limited and the Sources, their servants and agents, and hold DB Power Online Limited and the Sources, their servants and agents, 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 DB Power Online Limited and the Sources, their servants and agents, as a result of the use by Registered Member of the Content or part thereof.
4. Warranties & Liability
- DB Power Online Limited disclaims any representation, warranty or responsibility in relation to the operation or quality of the Services, that the Services shall be uninterrupted or error free, the results to be obtained from use of the Services, any Content, goods or services which may be offered by Content Providers and, to the extent permitted by law, DB Power Online Limited expressly disclaims any warranties whether express or implied as to the title, fitness for a particular purpose, merchantability or standard of quality of the Services or any Content, goods or services available by or through the Services.
- In the absence of our negligence or deliberate act, DB Power Online Limited expressly disclaims any liability for:
- any damage to or loss of data suffered by the Registered Member arising from the Registered Member's use of the Services;
- any claim based in contract, tort, or otherwise for any loss of revenue (whether direct or indirect), loss of profits or any consequential loss whether of an economic nature or not which the Registered Member suffers as a result of the Registered Member's use of the Services;
- any claim relating to goods or services supplied, provided, sold or made available by or through the Services; and
- any disruption or suspension of the Services or any part thereof which is attributable to an event or circumstance beyond DB Power Online Limited's control.
- DB Power Online Limited provides the Services to Registered Member on an "as is" basis. DB Power Online Limited and the Sources neither warrant nor guarantee the accuracy, reliability, completeness and timeliness of information provided through DB Power Online Limited. In no event shall DB Power Online Limited or the Sources be liable to Registered Member for any direct, consequential, incidental, special or punitive damages, including any lost profits or lost savings, or for any third party claim of any nature whatsoever related to the Service or its use.
- DB Power Online Limited disclaims any liability for any or losses of or damages to failure to perform responsibilities or provide the Services in this Agreement attributable to an event or circumstance beyond DB Power Online Limited's control (including but not limited to any disruption or suspension of the Services), or any amendments or legislation of the applicable laws, conventions and regulations, or fires, rainstorms, typhoons, thunders, earthquakes, riots, wars or any other natural disasters.
- The Registered Member hereby agrees to indemnify and to keep DB Power Online Limited fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by DB Power Online Limited arising from or which is directly or indirectly related to:
- the Registered Member's use of the Services and any other person's use of the Services where such person was able to access the Services by using the Member ID and Password; and
- any breach or non-observance of any term of this Agreement by the Registered Member or any other person where such person was able to access the Services by using the Member ID and Passwor
5. Termination and Effect
- Without prejudice to Clause 2.3, DB Power Online Limited may terminate this Agreement forthwith at any time without notice to the Registered Member if the Registered Member breaches any term of this Agreement or if the Registered Member's use of or actions in connection with the Services are inappropriate in the sole opinion of DB Power Online Limited.
- Upon the effective date of termination of this Agreement, all licences and other rights and privileges granted to the Registered Member under the terms of this Agreement shall forthwith cease.
- Any termination of this Agreement shall not affect any accrued rights or liability of either party nor shall it affect the coming into force or the continuance in force of any terms and conditions hereof which is expressly or by implication intended to come into or continue in force or after such termination. It is agreed that, including but not limited to, Clauses 1, 5 and 7 shall survive the termination of this Agreement.
7. General Terms
- If any provision of this Agreement becomes or is declared illegal, unenforceable or invalid for any reason, such provision shall be deemed to be deleted from this Agreement.
- No failure or delay on the part of either party to exercise any right or remedy under this Agreement shall be construed or operate as a waiver thereof nor shall any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy as the case may be.
- This Agreement shall be governed by the laws of Hong Kong Special Administration Region and the parties hereby submit to the non-exclusive jurisdiction of the Hong Kong courts. In this Agreement if the context permits or requires, words importing the singular meaning shall include plural and vice-versa; words importing the masculine gender shall include the feminine and neuter genders and vice-versa; and words importing person shall include body corporate, partnership or statutory body.
The Registered Member has read the DB Power Membership Services Agreement and agrees to be bound by its Terms and Conditions.