TERMS & CONDITIONS

Access Declaration – Any schedule we ask you to complete, which sets out the number of all Interactive Accesses and Slave Displays authorised or allowed to view Information via Your System.

N2N-AFE Group - N2N-AFE (Hong Kong) Limited, any Holding Company and any Subsidiary of N2N-AFE (Hong Kong) Limited and any Subsidiary of any Holding Company of N2N-AFE (Hong Kong) Limited.

Agreement - this Contract, any applicable Order Form and any other schedules or declarations referred to in these documents.

Agreed Level - the percentage change in the most recently published consumer price index (B) issued by the Hong Kong Census and Statistics Department compared with that index published 12 months earlier.

Charges - the Service Fees and any related charges specified in clause 3.1.

Contract - this document as amended or supplemented and agreed by both of us from time to time.

Contributed Data - Information contributed by a client of ours to one or more services provided by us.

Holding Company - means any company which owns directly or indirectly more than 50% of the issued share capital in and exercises effective control over another company.

Information - the information including Contributed Data (in whatever form including images, still and moving, and sound recordings) contained in the Services.

Information Provider - a client of ours or other third party including any stock, futures or commodities exchange whose Information is contained in the Services.

Interactive Access - the capacity of an individual authorised or allowed by you to access and control the display of Information by any means, including without limitation, a password, an identifier, a keyboard or any other control device.

Materials - hardware and/or Software and related documentation supplied by the N2N-AFE Group.

Order Form - our standard form (whether in written or electronic form) listing the Services ordered by you and accepted by us.

Recipient Location - any of your offices, other than the Site, or any of the offices of any Subsidiary of yours.

Reference Date - the date on which we make the first Service available to you under the Agreement.  If you are an existing client of ours at the date of the Contract you will not have or need a Reference Date.

Service/Services - the service(s) supplied by us under the Agreement, which include(s) the provision of Information and/or Materials and Support.

Service Fees - the fees charged by us for the supply of the Services as specified in the relevant  Order Form(s) and/or related schedules, including fees for specialist data Services.

Site - any location of yours to which the Services are supplied directly by us, as specified in any Order Form or as notified to us in accordance with Clause 1.3.

Slave Display - a view-only display without the ability to request and control access to Information.

Software - software or any part of it and related documentation, whether it is an ancillary part of a Service and enables such Service to be used, or whether the rental of such software itself constitutes the Service.  Software also includes upgrades and enhancements.

Subsidiary - a company in which another company owns directly or indirectly more than 50% of the issued share capital and over which it exercises effective control.

Support - the use of reasonable efforts by us or our nominee to maintain the Materials in good operating condition and/or to restore the Service by repairing, correcting or replacing the Materials and other support provided by us or our nominee.

Your System – any system used by you where we do not control the number of Interactive Accesses and Slave Displays of such data.

1.     SCOPE OF THE AGREEMENT

1.1   We will license to you the limited use of our AFE Stock Market Pro (SMP) and you shall pay us the Charges and use the internet product (SMP) in accordance with the Agreement.

1.2   We retain control over the form and content of the Services.  Although we may alter them from time to time, we will not change their fundamental nature.

1.3   You may change the location of the Service from the Site to another location by giving us at least 6 weeks prior written notice.

1.4   You will be responsible for obtaining and maintaining all consents and licences and making all filings necessary to receive or use the Services at the Site and any Recipient Location.

2.     COMMENCEMENT AND DURATION

2.1   The Agreement will take effect from the date you downloaded and use our AFE Stock Market Pro (SMP) and will continue for as long as you receive Services.

2.2   We reserves the right to terminate this Agreement or suspend the use of the AFE Stock Market Pro (SMP) by you, as and when we deem necessary at our sole discretion.

3.     CHARGES

3.1   You will pay the Service Fees and the following related charges (where applicable):

(a)    installation, relocation and removal charges;

(b)   charges for certain items of Support;

(c)    charges for communications facilities;

(d)   charges for Information, Software and/or other services provided by certain Information Providers and other third parties together with any administration costs incurred by us in relation thereto; and

(e)    all applicable taxes and duties (including withholding tax but excluding income taxes imposed on the income of the N2N-AFE Group) payable in respect of the Services, so that after payment of such taxes and duties the amount received by us is not less than the Service Fees.

3.2   We will endeavour to provide reasonable notice of any change to such related charges, but you agree that they may change without notice if a change is imposed on us by any third party.

3.3   The Service Fees for each Service are payable from the date that Service is first made available to you.  We will invoice you for the Charges.  You will pay the Charges in full within the time specified on the invoice. 

4.     TERMINATION

4.1   We may terminate the Agreement and the use of our AFE Stock Market Pro (SMP) in whole or in part should we are of the view that you are in breach of any of its material obligations under the Agreement and fails to remedy such breach (if capable of remedy) as and when been informed.

4.2   In addition to the above, if you materially breach the Agreement, we may immediately suspend the use of our AFE Stock Market Pro (SMP) in whole or in part without penalty until the breach is remedied.

4.3   Upon expiration or termination of the Agreement in whole or in part, unless otherwise specifically agreed between you and us, you must delete any Software and Information contained in the terminated AFE Stock Market Pro (SMP) and, if requested by us, certify the deletion in writing.

4.4   The following will continue to apply after termination of the Agreement:

(a)    all disclaimers, indemnities and restrictions relating to the AFE Stock Market Pro (SMP) ;

(b)   our rights of access to the Site or Recipient Locations to remove the Materials and to confirm deletion of any Software and Information; and

(c)    the confidentiality undertaking in clause 8.

5.     CUSTOMER’S RIGHTS/OBLIGATIONS

5.1   You may manipulate Information by performing calculations and/or combining Information with other data.  You recognise that the manipulation of Information does not reduce its value.  You will ensure that the relevant Service Fee is paid for each Interactive Access or Slave Display of manipulated Information.

5.2   (a)   You may redistribute Information only in limited extracts which are attributed to us. Such extracts must be redistributed:

(i)   in printed research materials; and/or

(ii)  in expectation of receiving buy or sell orders whether verbally, in writing or by electronic means, provided that such redistribution is not continuous, does not constitute updating in real-time and is made on either an infrequent or irregular basis.  In this clause 5.2(b)(ii), “infrequent” means no more than once per week; “irregular” means a number of redistribution instances over a period not exceeding one month required to respond to one specific client request;

        (c)   Any re-distribution of Information beyond what is permitted in clause 5.2(b) is subject to our prior approval, and any conditions which we may attach to it.  If you have any doubt as to whether your current or proposed practice falls within the limited right of redistribution in clause 5.2(b), you should contact us.  We will inform you whether or not it requires our prior approval.

5.3   You may store Information contained in a Service at the Site or, during the period you are taking that Service unless you are otherwise notified by us.  Appropriate additional Charges may apply for any Interactive Access or Slave Display of such stored Information.

5.4   You will delete all stored Information obtained from a Service upon cancellation or termination of that Service or the Agreement and, upon our request, clarify such deletion to us in writing.

5.5    If we supply you with any Service which you would require password or physical authentication device (including without limitation, smart card and digital certificate) to access that Service:

        (a)   each password will be kept confidential by you and by any individual authorised by you to use the Services;

        (b)   if you learn or suspect that any password has been revealed to a person not authorised by you to use the Service or any unauthorised person has access to the Service, you will immediately notify us.  We will then cancel the password and, subject to certain conditions, we will assign a new password to you.

        (c)   each physical authentication device will be kept safely by you and where necessary under lock and key or other security measures so that it is not available to unauthorised persons.

        (d)   if you learn or suspect that any physical authentication device is lost or stolen, you will immediately notify us.  We will then cancel the physical authentication device and subject to certain conditions, we will issue a new physical authentication device to you.

        (e)   you will ensure that each individual authorised to access such Service will comply with the terms of the Agreement and any reasonable instructions which we may issue from time to time with respect to the use of Information;

5.6   You shall not use or permit the use of any part of the Information for any illegal purpose.

5.7   You shall not use any part of the Information other than in the ordinary course of your own business (which shall not include dissemination to third parties).

5.8   You shall not use any part of the Information to establish, maintain or provide or to assist in establishing, maintaining or providing an off market.

5.9   If any Information Provider suspects that you are using any part of the Information contrary to clauses 5.6, 5.7 or 5.8 detailed above we may be required by the Information Provider to cease to supply the Information without further notice.  In such circumstances you will be responsible for all disconnection charges and all re-connection charges should the Information Provider subsequently approve reconnection.  Should the Information Provider instruct us to disconnect the Service then all prepaid Charges will be forfeited

5.10 You acknowledge that Information Providers may have rights in Information which they supply.  You agree to comply with any restrictions or conditions imposed on the use, access, storage or redistribution of Information (including Contributed Data and manipulated and/or stored Information) by the relevant Information Provider, as notified to you by us or by such Information Provider.  You may be required to enter into a separate agreement with us or such Information Provider.  It is important to take account of this clause 5.10 when reading the whole Agreement, including without limitation, clauses 5.1 to 5.9.

6.     INTELLECTUAL PROPERTY

6.1   You will not acquire any intellectual property or similar rights in the AFE Stock Market Pro (SMP) , Information or Materials and you agree to comply with notices bringing such rights to your attention and all laws relating to such rights.

6.2   You will not remove or conceal any copyright or other proprietary notice incorporated in the AFE Stock Market Pro (SMP) .

7.     LIABILITY

7.1   We will use all reasonable endeavours to ensure the accuracy and reliability of the AFE Stock Market Pro (SMP) .  However, neither we nor any other member of the N2N-AFE Group, nor any Information Provider, nor any third party supplier will be liable for any loss or damage arising from errors in the Information or for any actions taken in relation thereon.

7.2   EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, WARRANTIES OR UNDERTAKINGS, WHETHER ORAL OR IN WRITING, IN LAW OR IN FACT, INCLUDING WARRANTIES AS TO SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED.

7.3   Neither we nor any member of the N2N-AFE Group nor any Information Provider, nor any other third party supplier will be liable to you or to any third party for any indirect, special or consequential loss or damage arising out of the Agreement or the Services.

7.4   You will indemnify us for any loss or damage caused to the Materials up to the replacement value of such Materials, except to the extent such loss, damage or cost is caused by our negligence or wilful misconduct.

7.5   You will indemnify us against any loss, damage or cost in connection with any claim or action which may be brought by any third party against us relating to any use of or access to the Information contributed by you to the AFE Stock Market Pro (SMP) .

7.7   You will indemnify us for any loss or damage or cost in connection with a claim or action resulting from:

a)     any failure to supply Access Declarations,

b)     any inaccurate Access Declarations,

c)     you permitting access or redistributing Information inside or outside the Site (including, without limitation, over the public Internet and/or your intranets) beyond the rights which we have specifically granted to you under this Agreement.

7.8   To the extent permitted by law and except for clause 7.2(a), under no circumstances will our aggregate liability to you or to any third party under the Agreement for damages, direct or otherwise exceed 1 month’s Service Fees, regardless of the cause or form of action.

7.9   You agree that this clause 7 is enforceable by and to the benefit of member of the N2N-AFE Group, Information Providers and other third party suppliers.

7.10 Nothing in this clause 7 shall restrict or exclude the liability of us, or any Information Provider in respect of death or personal injury resulting from negligence.

8.     CONFIDENTIALITY

8.1   Each of us acknowledges that information of a confidential nature relating to the business of the other may be disclosed to it or otherwise come to its attention. Each of us undertakes to hold such information in confidence and not, without the consent of the other, disclose it to any third party nor to use it for any purpose other than in connection with or related to the provision of our AFE Stock Market Pro (SMP) .

8.2   This obligation of confidentiality will not apply to information that is generally available to the public through no act or omission of the receiving party, or becomes known to the receiving party through a third party with no obligation of confidentiality, or is required to be disclosed by law, court order or request by any government or regulatory authority.

8.3   This undertaking will be binding for as long as such information retains commercial value.

8.4   No public announcement, press release, communication or circular (other than to the extent required by law or regulation) concerning the Agreement will be made or sent by either of us without the prior consent of the other.  This consent will not be unreasonably withheld.

9.     GENERAL

9.1   (a)    All notices under the Contract will be sent electronically by e-mail.

9.2   Neither of us may assign or novate any right or obligation of the Agreement or any part of it without the prior written consent of the other.  This consent may not be unreasonably withheld. However, you agree that we may assign any of our rights or obligations to a member of the N2N-AFE Group.

9.3   The Agreement is governed by the laws of Hong Kong.  Both of us submit to the non-exclusive jurisdiction of the Hong Kong Courts.

9.4   If any part of the Agreement that is not fundamental is found to be illegal or unenforceable, this will not affect the validity and enforceability of the remainder of the Agreement.

9.5   If either of us delays or fails to exercise any right or remedy under the Agreement, that party will not have waived that right or remedy.

9.6   Neither of us will be held liable for any loss or failure to perform an obligation due to circumstances beyond its reasonable control.

9.7   You agree that we, certain Information Providers and our agents will be entitled to have access to the Site and Recipient Locations at any time during business hours to verify your compliance with the Agreement. 

10.   ENTIRE AGREEMENT

10.1 The Agreement replaces any previous agreement between us in respect of the AFE Stock Market Pro (SMP) and applies to any AFE Stock Market Pro (SMP) already supplied by us to you.

10.2 The Agreement contains our and your entire understanding regarding the use of our AFE Stock Market Pro (SMP).  In entering into the Agreement, you have not relied on any warranty or representation (except in the case of fraud) made by us other than those mentioned in the Agreement.

私隱政策聲明

此私隱政策聲明（“聲明”）應用於聯盛亞富資訊科技有限公司（“聯盛亞富”或“我們”）的客戶。

如果閣下決定下載並使用我們的AFE 股市寶（SMP），那麼閣下將會確切地被當作為已接受本隱私政策中所包含的條款和條件（在適用的範圍內）並且同意遵守AFE 股市寶（SMP）包含的條款及細則。

請注意，本聲明事前毋須另行通知即可不時修訂，閣下應定期查閱最新版本。本聲明的英文及中文版本如有不符或互相牴觸，一概以英文版本為準。

我們矢志妥善處理個人資料以保障客戶的私隱。我們將確保我們及各聯營公司及代理就收集、使用、保留、披露、傳輸、保安及存取個人資料所採用的各項政策和實務守則，均符合《個人資料(私隱)條例》(香港法例第486章)(下稱「該條例」)，以及由香港個人資料私隱專員公署所發出的相關實務守則及指引之規定。本聲明中「個人資料」乃依照該條例的定義詮釋。

除另行說明，否則閣下瀏覽我們的網站時我們只會收集閣下到訪的記錄及網路協定位址（IP Address），而不會收集閣下任何個人資料。我們的網站任何部份所設的Cookies（如有）不會用於收集個人資料。Cookies是可保存於網頁使用者電腦內的小型電腦檔案，功能是獲取配置資料及分析網頁使用者的瀏覽習慣。使用者儲存Cookies後，再次瀏覽網站便不必重新註冊。網站常會用Cookies追蹤使用者喜好的網站主題，閣下可修改相關的互聯網選項或電腦系統的瀏覽喜好設定，拒絕儲存Cookies，然而閣下可能因此無法使用或啟動我們的網站提供的某些功能。我們的網站可能會攔截不接受Cookies的使用者。

我們可能收集、保留及使用閣下的個人資料以作如下用途：

• 核實閣下的身份；

• 處理閣下選購我們服務及成為會員的申請；

• 根據第486章《個人資料(私隱)條例》定義的核對程式

• 提供閣下所需的服務及會員計劃；

• 規管和管理該等服務及會員計劃，包括服務合約的續期、收費、帳單及收取欠款；

• 進行研究或分析，以改善我們的產品及/或服務及會員計劃，以及用於調查，推銷和推廣用途；

• 維護和開發移動通訊的業務系統和基礎設施，包括測試及更新該等系統；及/或

• 協助預防、偵查或調查犯罪或潛在犯罪活動，或按照法律規定提供相關協助。

經閣下的同意後，我們或會使用閣下的姓名、會員代號、性別、身份證/護照號碼、出生日期、地區、行業、職位、教育程度、每月個人收入、喜好等相關的資料及有關閣下已選購產品及/或服務的資料，以便向閣下提供我們的產品及/或服務（包括財經資訊、新聞及教育），以及由我們的商業夥伴不時提供的產品及/或服務，其業務類別包括流動通訊、珠寶、社交活動、酒店、旅遊、銀行服務、運動、音樂、娛樂消閒、遊戲、交通、家居生活、服飾、煙酒、飲食、金融、保險、博彩、書籍、教育、健康與保健、美容產品、時尚潮品、電子產品、社交網絡、科技、電子商務、流動應用程式、手機付款、雲端服務、零售、家居裝飾、媒體、物流、拍賣、房地產、禮賓服務、慈善服務、汽車、政府及高端消費產品。

如閣下不欲收取任何本公司最新資訊（包括直接銷售）和推廣優惠等，請以書面通知電郵至contact@afe-solutions.com。

有關付款安全

聯款通是領先的，安全可靠的國際支付服務供應商的銀行和網上商戶自2000年以來客戶的付款細節正在使用256位的擴展驗證證書（安全地傳輸到收單銀行，卡和支付公司進行實時交易授權EV）SSL加密交易。聯款通支持CVV / CVC檢查，以及Visa和MasterCard即3-D安全認證：VISA驗證，萬事達卡安全為客戶和商戶加入安全保護。

本服務內所有的資料及訊息僅作參考用途,並不構成任何投資或交易建議。N2N-AFE (Hong Kong) Limited 、N2N-AFE Group、其資料或訊息供應商、其第三方供應商、香港交易所資訊服務有限公司 及 其他交易所竭力確保其提供之資料及訊息準確可靠, 但 (i) 不保證所提供之資料或訊息之準確性、適時性、可靠性或完整性 (ii) 不承擔因該等資料或訊息的錯誤或延誤所引致的責任 及 (iii) 不會就使用本服務內所有的資料或訊息而引致之任何損失或損害承擔任何責任(不論是侵權行為責任或合約責任 或其他責任)。 除合約條款註明之外, 使用者同意不得對外傳送本服務內所包含的資料或訊息。