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Terms and Conditions for Finet Services

The following terms and conditions apply to the provision of Services (as defined below) by Finet Holdings Limited to Members. 1. Definitions In this Schedule, the following expressions shall have the following meanings: "Content" includes with limitation of any contents, software, data, information, messages and all textual, audio, video, still image, graphical and other contents or materials that can be accessed by or through the Services; "Data/Personal Data" represents the name, address, billing details and all other related personal information of the Member; "Finet" refers to Finet Holdings Limited offering the Services to the Member who has been successfully registered; "Member" means the user/subscriber of the Services enrolled by registration on the URL www.shkp.com or by registration through other channels as designated and accepted by Finet from time to time; "Schedule" refers to all the general and special terms and conditions herein contained; "Services" refers to all kind of Finet Web Services offered by Finet to Member via various applications including the webpages, links and/ or sections that require registration; "Sources" refers to all Content suppliers including but not limit to the HKEx Information Services Limited, Finet and any other exchanges and specialist data providers whose Content is contained within the Services; "Username and Password" means any unique personal identifiers issued by Finet to the Member for gaining access to the Services. 2. Obligations of Finet 2.1 In consideration of the Member registering and/ or subscribing for using the Services, Finet shall grant to the Member a non-exclusive, non-transferable limited license for accessing the Services in accordance with the Schedule and subject to any and/ or all copyright notices or restrictions applicable to the Services and its Content and such license shall not permit local area network, wide area network and any other means of distribution of the Content and is for individual use only. 2.2 Finet shall authorize each Member one set of Username and Password for accessing the Services where it is applicable. 2.3 Finet reserves the right at all times to (i) reject the registration and/ or subscription of the Member; (ii) immediately suspend the Member's access to the Services without notice, where Finet is of the opinion that the Member has breached any of the terms contained in the Schedule or that such action is appropriate, desirable or necessary in the reasonable opinion of Finet; (iii) amend the terms and conditions of this Schedule without prior notice to the Member. 2.4 Finet may, at its absolute discretion and at any time, add, amend or remove, without prior notice to Member, the presentation, substance or functionality of any Content of the Services. 3. Obligations of Member 3.1 By registering and/ or subscribing for using the Services, Member agrees to be bound by, and to comply with, the Schedule and any other terms and conditions posted on any individual Finet websites or services that are related to the Services. 3.2 Member shall provide all the Data as reasonably requested by Finet when necessary for the provision of the Services once the Member has registered and/ or subscribed the Services with the assurance that the Data is true, accurate, current and complete. The Member is required to maintain and promptly update the Data to keep it true, accurate and complete by notifying Finet whenever necessary. 3.3 Member acknowledges that the Services and the Content are proprietary to the copyright of Finet and/or its group companies and/or Sources and are to be used solely by the Member, and the Content provided by the Services may not be copied, uploaded, manipulated, republished or redistributed to third parties in any form by any means without the prior written consent of Finet and, where necessary, the Sources. 3.4 Member shall not trespass, hack, break into, access, use or attempt to trespass, hack, break into, access or use any other parts of Finet servers, the Content and/or any data areas for which the Member has not been authorized by Finet. 3.5 Member shall not assign, transfer or sub-license all or any part of its rights or obligations under the Schedule. 3.6 Member shall not use or permit the use of the Content or any part thereof for any illegal purposes or any other purposes not allowed under the provisions of the Schedule. 3.7 Member shall not use the Content or any part thereof other than in the ordinary course of its own business (which shall not include any dissemination to third parties). 3.8 Member shall not use the Content or any part thereof to establish, maintain or provide or assist in establishing, maintaining or providing an off market or a trading floor or dealing service where trading in (i) securities listed on an exchange or of a type capable of being so listed or (ii) any other securities relating to securities described above is being undertaken otherwise than at or through such an exchange. 3.9 Member shall allow Finet or any person authorized by Finet in writing to, upon receiving Finet written request, inspect promptly thereafter the premises and records of the Member for any lawful purpose in connection with the Schedule including but not necessarily limited to the purpose of satisfying that the Member is not using the Content or any part thereof contrary to any provision under the Schedule. 4. Warranty and Liabilities 4.1 Disclaimer of Warranty Member expressly acknowledges and agrees that the Services are provided on an "as is" basis and that the use of the Content and Services is at the sole risk borne by the Member. Neither Finet nor the Sources make any warranty of any kind whatsoever (save for those expressly stated in the Schedule) relating to the Services including any Content furnished through the Services, expressed or implied, including without limitation, non-infringement of third party rights or merchantability or fitness for any particular purpose or use. Finet and the Sources endeavor to ensure the accuracy and reliability of the Content provided but 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 Liabilities 4.2.1 Finet shall not be liable to the Member or anyone else for any direct, indirect, consequential or incidental loss, costs or damages, nor any special or punitive damages, or injury caused in whole or in part by Finet's negligence in procuring, compiling, interpreting, editing, reporting or delivering any Content. In no event will Finet be liable to the 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 Services or its use. 4.2.2 Member will indemnify Finet and Finet's respective servants and agents, and hold Finet and Finet's respective servants and agents, harmless against all claims, liabilities, losses, damages and expenses, including, without limitation, legal fees and costs arising out of or incurred as a result of any claims made, or litigation brought, against Finet and Finet's respective servants and agents, as a result of the use by the Member of the Content or part thereof. 5. Term and Termination 5.1 Term 5.1.1 The Schedule shall be deemed to be effective upon the approval of Finet for the subscription registration of the Member who has subscribed the Services and shall continue until the termination of it. 5.2 Terminations and Effect 5.2.1 Member acknowledges that Services will be automatically extended for a subsequent referral period at the date of end of the term on the time basis in accordance with Clause 3.10 (ii) of the Schedule, unless the Member gives notice of termination upon expiry date as reminded by Finet and pays the full Fees according to the payment method(s) set out by Finet. Immediately upon full payment or of a time lead later as provided Finet, the Services shall be renewed, and repeatedly from time to time, accordingly to the same procedure stated. 5.2.2 Finet may terminate the Services forthwith at any time without any prior written notice to the Member if (i) the Member breaches any terms of the Schedule or if the Member's use of or actions in connection with the Services are inappropriate in the reasonable opinions of Finet; (ii) Finet enters into any form of insolvency administration, including liquidation, bankruptcy, receivership, voluntary winding-up or otherwise or shall otherwise be deemed by virtue of any applicable law to be unable to pay its debts, or has ceased to carry on business. 5.2.3 Upon the effective date of termination of the Services, (i) all licenses and other rights and privileges granted to the Member under the terms of the Schedule shall forthwith cease; (ii) it is agreed that Clauses 3, 4, and 7 shall survive the termination of the Services. 6. Privacy and Personal Data Collection Statements 6.1 If Member has once given Finet Member's Personal Data, Member may receive from Finet or from Finet affiliated companies from time to time telephone calls, email and direct mailings containing promotional materials. If Member does not want to receive them, please write to Finet Data Protection Officer. 6.2 Member expressly agrees that Member's Personal Data provided by Member to Finet may be used and retained by Finet for the following purposes and for other purposes as shall be agreed between Member and Finet or required by law from time to time (i) provisioning of the Services; (ii) marketing of products and/or services by Finet, Finet agents or Finet subsidiaries, in relation to the Services; (iii) processing of any benefits to Member arising out of or in connection with the Services; (iv) analyzing, verifying and/or checking of Member's credit, payment and/or status in relation to the provision of the Services; (v) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Member; (vi) enabling the daily operation of Member's account and/or the collection of amounts outstanding in Member's account in relation to the Services; and (vii) enabling Finet to comply with Finet's obligations to interconnect or other industry practices. Member further agrees that Finet may disclose and transfer to Finet agents, contractors, any third party service providers, any third party collection agencies, any credit reference agencies, any security agencies, any credit providers, banks, financial institutions, our professional advisers and any other persons under a duty of confidentiality to Finet and any of Finet's actual or proposed assignees or transferees of Finet's rights with respect to Member to use, disclose, hold, process, retain or transfer such Personal Data for the purposes mentioned above. 7. Governing Law and General Provisions 7.1 The validity construction and performance of the provisions of this terms and conditions shall be governed by the laws of the Hong Kong Special Administrative Region and both Finet and the Member submit to the non-exclusive jurisdiction of the Courts of the Hong Kong Special Administrative Region. 7.2 The provisions of this terms and conditions may, at Finet sole discretion, be changed from time to time without giving the Member prior notice by such means as Finet may decide. 7.3 In the event of discrepancy between the Chinese text and the English text of this terms and conditions, the English version shall prevail.