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REALINK QUOTATION SERVICE – TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THESE SERVICES. You (“Subscriber”) acknowledges that this agreement shall take effect upon indicating acceptance of this agreement by signing or clicking on the acceptance button below.

1. AGREEMENT

1. Parties

   Realink Paging Limited (the “Company”) has agreed, at the request of the Subscriber to provide the certain stock quotation and other services (“Services”) to the Subscriber on and subject to the terms and conditions set out herein.

2. Definition

2.4 The Subscriber represents and warrants to the Company that :

3. SUBSCRIBER’S OBLIGATIONS
   
   
   1. The Subscriber shall pay to the Company a prepaid amount of the Fees and hiring fee (if any) immediately on signing this Agreement. All subsequent Fees, hiring fees (if any) shall be payable on or before [the subsequent Fees expiry date]. Any prepaid Fees and hiring fee received by the Company are absolutely not refundable, but may, at the discretion of the Company be transferred to another account of the Subscriber with the Company or be retained by the Company for a period as decided by the Company from time to time prior to forfeiture of the balance of the prepaid service.
      
   2. During the continuance of this Agreement the Subscriber shall pay all Fees (including, where applicable, hiring fees) charged by the Company in connection with the Services on the due date as fixed by the Company from time to time
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   3. The Subscriber hereby allows the Company to debit its credit or charge card with the amount of any Fees which are due from time to time until the Subscriber gives notice to the Company to terminate this agreement.
      
      
   4. The Subscriber consents to the Company's disclosure of the Subscriber's personal particulars, information or details to any company or authorities or entity whatsoever who or which provides the Services for any purposes or is engaged in the provision of any Services and the Subscriber further agrees that any such company or authorities or entity may utilise such personal particulars, information or details in the ordinary course of business carried on by him or it.
      
      The Subscriber authorises the Company to disclose any personal particulars, information or details of the Subscriber to any subsidiary of the Company, the holding company of the Company, any subsidiary of the holding company of the Company or any applicable supervisory or regulatory authority if required by law or regulation.
      
      
   5. The Subscriber shall only use the information disseminated from the Company for personal use and shall not disseminate any of the information received by him, whether for consideration or not, to any third party. The Subscriber shall indemnify or keep the Company indemnified from all costs, claims, liabilities, charges, demands, damages, losses and expenses of whatsoever nature suffered directly or indirectly by the Company as a result of or in connection with or arising out of any breach of this Clause by the Subscriber.
      
      
   6. The Subscriber hereby admits that the main responsibility of the Company is the transmission and conveyance of messages and the Company shall not be held liable for the contents of any message transmitted and or conveyed through the Company.
      
      
4. RECONNECTION
   1. In the event that the Services have been suspended: (i) for a period or periods exceeding, in aggregate, 6 months in any 12 months period; or (ii) on account of failure by the Subscriber to pay any money owing to the Company when due; or (iii) on account of any breach of any of the other terms and conditions of this Agreement, then the Subscriber shall, as a condition precedent to the resumption of the suspended Services, pay to the Company the full amounts of any fees or charges owing to the Company together with such reconnection fees as the Company may, from time to time, determine.
      
      
5. TRANSFER OF SERVICE
   1. Except with the express prior permission of the Company; the transfer of the Services provided to the Subscriber to a third party shall not be permitted. Where, in its discretion, the Company permits the transfer of the Services shall be in accordance with the Company's procedures for such transfer or change. The Company shall be entitled to charge an administrative Fees in an amount fixed by the Company from time to time.
      
      
6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY AND INDEMNITY
   
   
   1. The Company shall not be liable to the Subscriber by reason of any misrepresentation, careless/negligent misstatement, any duties at common law including tortious, contractual or whatsoever for any loss or damage arising out of or in connection with any act or omission of the Company relating to the provision of Services under this Agreement to the Subscriber.
      
      
   2. The Company does not warrant and represent the accuracy and correctness of the Contents of the information supplied by the Sources and the Company shall not be liable whether or not on contractual, tortious, and/or whatever basis to the Subscriber for any loss, damages, costs and expenses as a result of the Subscriber’s reliance of the information supplied by the Company's information suppliers.
      
      
   3. All information suppliers, including but not limited to The Stock Exchange of Hong Kong Limited, endeavor to ensure the accuracy and reliability of the information 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 and omission.
      
      
   4. If any claim is made against the Company that the Company infringes the copyright or other intellectual property rights of any other person, the Subscriber shall indemnify the Company against all loss, damages, costs and expenses awarded against or incurred by the Company in connection with the claim arising out of or by reason of any breach of or non-compliance with any of the terms of this Agreement by the Subscriber.
      
      
   5. Without prejudice to any other rights and remedies which the Company may possess, the Subscriber shall be liable for and shall indemnify the Company, its holding company, other subsidiaries of the holding company, licensees, agents, employees on a full indemnity basis on demand for and against all proceedings, costs, claims, damages and expenses of whatsoever nature howsoever suffered or incurred by the Company, its holding company, other subsidiaries of the holding company, licensees, agents, employees arising out of or by reason of any breach or non-compliance with any of the terms and conditions of this Agreement by the Subscriber.
      
      
7. TERMINATION
   1. Either the Company or the Subscriber may, at any time, terminate the Services upon giving prior notice to the other which notices shall be given not less than one month before the next billing date of the Fees. Where the Subscriber wishes to terminate the Services, it must give notice to the Company as stipulated by this clause, failing which the Subscriber shall continue to be liable for any further charges incurred in relation to the Services.
      
      
   2. The Company may, at any time and from time to time, at its discretion, and without notice to the Subscriber, suspends all or some of the Services in the following circumstances:
      
      
      1. if the Subscriber, or any other person, uses the Services for any illegal or improper purpose or the Company suspects that the Services are being used for any illegal or improper purpose;
         
         
      2. if the Subscriber, or any other person, uses the information provided by Services for re-dissemination. if the Subscriber fails to pay any money owing by it to the Company, whether under this Agreement or otherwise, when due
         
         
      3. if the Subscriber fails to pay any money owing by it to the Company, whether under this Agreement or otherwise, when due
         
         
      4. if the Subscriber is in breach of any of the provisions of this Agreement; or
         
         
      5. if the Company, in its absolute discretion, determines it to be unavoidable, necessary or desirable in connection with any difficulties in providing the Services or in carrying out maintenance, repair, improvement or other work in respect of the Services or any part thereof.
      
      
   3. The Company may terminate the Subscription Agreement forthwith at any time by notice to Subscriber if Subscriber breaches any term of the Subscription Agreement or if Subscriber's use of or actions in connection with the Services are inappropriate in the reasonable opinion of the Company.
      
      
   4. On termination of the Services, all money owed by the Subscriber to the Company shall immediately become due without the need for any demand on the part of the Company. Any prepaid Fees shall be applied in settlement of any moneys owing by the Subscriber to the Company (including any contingent obligations). The balance (if any) shall then be repaid by the Company to the Subscriber only if the Services are cancelled by the Company.
      
      
8. MISCELLANEOUS

1. The Company shall be entitled to alter, vary, add to or modify any of the terms and conditions hereof without prior notice to the Subscriber.
   
   
2. Any notices to be given by the Company to the Subscriber shall be given in writing sent by personal delivery, facsimile transmission, electronic mail or by post, to the Subscriber at the address last notified to the Company in writing or as otherwise agreed in writing between the Subscriber and the Company. Such notices shall be deemed effective in the case of personal delivery on the date of actual delivery; in the case of facsimile transmission and electronic mail, on the date of transmission; and in the case of postal mail, on the date set forth on the postal mark.
   
   
3. Any notices to be given by the Subscriber to the Company shall be given in writing sent by postal mail and shall be deemed to have been received by the Company when actually received by the Company.
   
   
4. The failure by the Company to insist on the strict compliance with any of these terms and conditions shall not operate as a waiver of any of its rights hereunder.
   
   
5. This Agreement shall be governed by the laws of Hong Kong Special Administrative Region and the parties submit to the non-exclusive jurisdiction of the courts of Hong Kong Special Administrative Region. The Subscriber shall comply with all statutory or government requirements with regard to the use of the User Terminal Equipment.