AASTOCKS Subscription Package Agreement
Terms and Conditions
Declaration: The Subscriber has read the AASTOCKS Subscription Package Agreement and agreed to be bound by its Terms and Conditions.
In this Agreement the following expressions shall have the following meanings:
"Commencing date" means the date of activation of the Services after the date of payment of the Fees to AASTOCKS.com LIMITED and the Subscriber 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;
"Fees" means any subscription fee which is payable by the Subscriber associated with the Subscriber's use and/or access to the Service together with such other third party charges, access fees and other fees and charges as may be charged by AASTOCKS.com LIMITED, and whether or not as agent, for the Subscriber's use and/or access to the Service (and any other person's use and/or access to the Service where such person was able to access the Service by using the Member ID and Password) and/or the on-line delivery of Content;
"Member ID and Password" means any unique personal identifiers authorised by AASTOCKS.com LIMITED to the Subscriber for gaining access to the Service;
"Services" means any Premium services designated as such by AASTOCKS.com LIMITED which the Subscriber 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
"Subscriber" means any company, firm, partnership or individual represented on the Subscription Form as the recipient of Services who has subscribed to use the Service by signing the Subscription Form.
2. AASTOCKS.com LIMITED's Responsibilities and Rights
2.1 AASTOCKS.com LIMITED shall authorise a Member ID and Password to the Subscriber which permits the Subscriber to access the Services.
2.2 The Services shall be provided from the Commencing Date and shall continue until it is terminated by Clause 6.1 or 6.2.
2.3 Without prior notice or consent of the Subscriber, AASTOCKS.com LIMITED reserves the right at all times to
(i) expand, reduce and /or modify any of the Services, or any Content without notice;
(ii) deactivate AASTOCKS.com LIMITED at any time without notice to carry out system maintenance, upgrading, testing and/or repairs;
(iii) limit or suspend the Subscriber's access to the Services without notice, where AASTOCKS.com LIMITED is of the opinion that the Subscriber has breached any of the terms contained in this Agreement or that such action is appropriate, desirable or necessary in the opinion of AASTOCKS.com LIMITED.
2.4 AASTOCKS.com LIMITED may amend the Fees or introduce new fees or amend any of the terms and conditions of this Agreement which amendments shall be notified to the Subscriber by posting them on-line or by e-mails and which shall take effect 7 days after any such posting or notice is made.
3. Subscriber's Responsibilities
3.1 The Subscriber acknowledges that this Agreement shall take effect upon Subscriber indicating its acceptance of this Agreement by signing or clicking on the “Accept” button below.
3.2 The Subscriber agrees that the Subscriber shall pay all Fees due and payable to AASTOCKS.com LIMITED in accordance with the terms of this Agreement and the payment of the Fees in advance is non-refundable.
3.3 The Subscriber hereby acknowledges that the Service and the Content are proprietary to and/or the copyright of AASTOCKS.com LIMITED and/or AASTOCKS.com LIMITED's holding companies, subsidiary companies or associated companies and/or Sources and are for use solely by the Subscriber, 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 AASTOCKS.com LIMITED and, where necessary, the Sources.
3.4 The Subscriber shall not trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of AASTOCKS.com LIMITED's servers, its Content and/or any data areas for which the Subscriber has not been authorised by AASTOCKS.com LIMITED.
3.5 The Subscriber 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 AASTOCKS.com LIMITED to the Subscriber is for individual access to the Services only. AASTOCKS.com LIMITED may change the Member ID and the Password issued to the Subscriber from time to time without any specific reason and AASTOCKS.com LIMITED shall notify the Subscriber to such change by written notice or e-mail. The Subscriber shall be deemed to have sole and full responsibility for any access to and use of the Services via the Subscriber's password. In the event of loss, theft or unauthorised use of the Password, the Subscriber shall forthwith notify AASTOCKS.com LIMITED. The Subscriber shall remain liable for use of the Services by any third party until AASTOCKS.com LIMITED has received written notice of such event from the Subscriber requesting suspension of the Services.
3.6 The Subscriber 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. AASTOCKS.com 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 Subscriber's reliance on such information.
3.7 The Subscriber hereby agrees to indemnify AASTOCKS.com LIMITED and the Sources, their servants and agents, and hold AASTOCKS.com 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 AASTOCKS.com LIMITED and the Sources, their servants and agents, as a result of the use by Subscriber of the Content or part thereof.
4. Fees and Payment
4.1 The Subscriber acknowledges and agrees that he shall pay AASTOCKS.com LIMITED the Fees in the manner selected by the Subscriber on the Subscription Form and at the respective rates as set out in the Subscription Form as and when they become due and payable under this Agreement. Each Subscription Period starts from the activation day of the first Subscription Period after the Subscriber signs up (the renewal date). The Fees are due one day before each renewal date.
4.2 In case of credit card payment, the Subscriber hereby authorises AASTOCKS.com LIMITED to debit its credit card with the amount of any Fees which are due from time to time. The Subscriber acknowledges and agrees to be bound by the credit card cardholder agreement with the bank (cardholder agreement) and the followings:
(i) The Subscriber hereby agrees AASTOCKS.com LIMITED's Bank: the Hong Kong and Shanghai Banking Corporation Limited, to debit its credit card with the amount of any Fees which are due from time to time until it is cancelled by at least 5 working days' written notice prior to the upcoming renewal date.
(ii) If the payment exceeds the credit limit for the time being assigned to the card account, or the Subscriber fails to pay before the due date, or the cardholder agreement is cancelled or terminated with whatever cause, the subscription shall be cancelled and the Subscriber no longer has access to the Services.
(iii) The Subscriber agrees to be bound by this Agreement to access to the Services and the terms and conditions of the cardholder agreement and where any conflicts arises between the provisions of the terms and conditions of cardholder agreement and this Agreement, the provisions of this Agreement shall prevail. Time of payment of Fees is of the essence. If the Subscriber fails to pay the amount due before the due date, without prejudice to any other rights in this Agreement, AASTOCKS.com LIMITED reserves the right to charge interest per month on the outstanding amount from the due date until payment has been made in full.
5. Warranties & Liability
5.1 AASTOCKS.com 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, AASTOCKS.com 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.
5.2 In the absence of our negligence or deliberate act, AASTOCKS.com LIMITED expressly disclaims any liability for
(i) any damage to or loss of data suffered by the Subscriber arising from the Subscriber's use of the Services;
(ii) 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 Subscriber suffers as a result of the Subscriber's use of the Services;
(iii) any claim relating to goods or services supplied, provided, sold or made available by or through the Services; and
(iv) any disruption or suspension of the Services or any part thereof which is attributable to an event or circumstance beyond AASTOCKS.com LIMITED's control.
5.3 AASTOCKS.com LIMITED provides the Services to Subscriber on an “as is” basis. AASTOCKS.com LIMITED and the Sources neither warrant nor guarantee the accuracy, reliability, completeness and timeliness of information provided through AASTOCKS.com LIMITED. In no event shall AASTOCKS.com LIMITED or the Sources be liable to Subscriber 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.
5.4 The Subscriber agrees that AASTOCKS.com LIMITED's liability under this Agreement shall in any event not exceed the total Fees paid by Subscriber to AASTOCKS.com LIMITED for the immediately preceding twelve months prior to any incident giving rise to a claim.
5.5 AASTOCKS.com 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 AASTOCKS.com 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.
5.5 The Subscriber hereby agrees to indemnify and to keep AASTOCKS.com LIMITED fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by AASTOCKS.com LIMITED arising from or which is directly or indirectly related to
(i) the Subscriber'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
(ii) any breach or non-observance of any term of this Agreement by the Subscriber or any other person where such person was able to access the Services by using the Member ID and Password.
6. Termination and Effect
6.1 The Subscriber may terminate this Agreement at any time on the giving of 7 working days' prior notice to AASTOCKS.com LIMITIED.
6.2 Without prejudice to Clause 2.3, AASTOCKS.com LIMITED may terminate this Agreement forthwith at any time by notice to the Subscriber if the Subscriber breaches any term of this Agreement or if the Subscriber's use of or actions in connection with the Services are inappropriate in the sole opinion of AASTOCKS.com LIMITED.
6.3 Upon the effective date of termination of this Agreement, all licences and other rights and privileges granted to the Subscriber under the terms of this Agreement shall forthwith cease and the Subscriber shall not be entitled to a refund of any Fees on the termination of this Agreement.
6.4 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.
7.1 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.
7.2 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.
7.3 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 Subscriber has read the Subscription Package Agreement and agrees to be bound by its Terms and Conditions.