AIStockshk Member Subscription Agreement
Terms & Conditions
Declaration: The Subscriber has read the AIStockshk.com Membership 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 by Active Intelligence 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 Active Intelligence Holdings 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 Active Intelligence Holdings Limited to the Subscriber for gaining access to the Service;
“Services” means any portfolio information services designated as such by Active Intelligence Holdings 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 Yahoo Finance and other 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. Active Intelligence Holdings Limited’s Responsibilities & Rights
2.1 Active Intelligence Holdings 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, Active Intelligence Holdings 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 Active Intelligence Holdings 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 Active Intelligence Holdings 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 Active Intelligence Holdings Limited.
2.4 Active Intelligence Holdings 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 hereby acknowledges that the Service and the Content are proprietary to and/or the copyright of Active Intelligence Holdings Limited and/or Active Intelligence Holdings 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 Active Intelligence Holdings Limited and, where necessary, the Sources.
3.3 The Subscriber shall not trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of Active Intelligence Holdings Limited’s servers, its Content and/or any data areas for which the Subscriber has not been authorised by Active Intelligence Holdings Limited.
3.4 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 Active Intelligence Holdings Limited to the Subscriber is for individual access to the Services only. Active Intelligence Holdings Limited may change the Member ID and the Password issued to the Subscriber from time to time without any specific reason and Active Intelligence Holdings 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 Active Intelligence Holdings Limited. The Subscriber shall remain liable for use of the Services by any third party until Active Intelligence Holdings Limited has received written notice of such event from the Subscriber requesting suspension of the Services.
3.5 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. ACTIVE INTELLIGENCE HOLDINGS LIMITED, the Sources and The Stock Exchange of Hong Kong Limited endeavor to ensure the accuracy and reliability of the information provided, but do not guarantee its accuracy and reliability and accept no liability (whether in tort or contract or otherwise) for any loss or damage arising from any inaccuracies or omissions. Active Intelligence Holdings 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.
3.6 The Subscriber hereby agrees to indemnify Active Intelligence Holdings Limited and the Sources, their servants and agents, and hold Active Intelligence Holdings 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 Active Intelligence Holdings Limited and the Sources, their servants and agents, as a result of the use by Subscriber of the Content or part thereof.
4. Warranties & Liability
4.1 Active Intelligence Holdings 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, Active Intelligence Holdings 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.
4.2 In the absence of our negligence or deliberate act, Active Intelligence Holdings 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 Active Intelligence Holdings Limited’s control.
4.3 Active Intelligence Holdings Limited provides the Services to Subscriber on an “as is” basis. Active Intelligence Holdings Limited and the Sources neither warrant nor guarantee the accuracy, reliability, completeness and timeliness of information provided through Active Intelligence Holdings Limited. In no event shall Active Intelligence Holdings 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.
4.4 The Subscriber agrees that Active Intelligence Holdings Limited’s liability under this Agreement shall in any event not exceed the total Fees paid by Subscriber to Active Intelligence Holdings Limited for the immediately preceding twelve months prior to any incident giving rise to a claim.
4.5 Active Intelligence Holdings 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 Active Intelligence Holdings 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.
4.6 The Subscriber hereby agrees to indemnify and to keep Active Intelligence Holdings Limited fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by Active Intelligence Holdings 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.
5. Termination and Effect
5.1 Without prejudice to Clause 2.3, Active Intelligence Holdings 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 Active Intelligence Holdings Limited.
5.2 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.
5.3 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, 4 and 6 shall survive the termination of this Agreement.
6.1 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.
6.2 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.
6.3 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.
6.4 Subscriber agrees that the stock picks or any stock information presented in the aistockshk.com is for Subscriber’s reference only. It does not constitute an offer, recommendation or advice. The historical performance of the portfolio may not reflect its future performance. Subscriber should consult professional advisor to understand the risk before making investment decision.
We are committed to safeguard the privacy of individuals with respect to your personal data. We assure that our policies and practices, and those adopted by our affiliated companies and agents in relation to the collection, use, retention, disclosure, transfer, security and access of your personal data comply with the requirements under the Personal Data (Privacy) Ordinance (Chapter 486) (the “Ordinance”) under the laws of Hong Kong, as well as the relevant code of practice and guidance issued by the Office of the Privacy Commissioner for Personal Data, Hong Kong. The meaning of the term “personal data” adopted in this Statement is defined in the Ordinance.
When you visit our websites, we will record your visit and IP Address only and will not collect any personal data from you unless otherwise stated. Cookies used (if any) in any part of our websites will not be deployed for collecting personal data. For your information, Cookies are small computer files that can be stored in web surfers’ computers for the purposes of obtaining configuration information and analyzing web surfers’ viewing habits. They can save you from registering again when re-visiting a website and are commonly used to track your preferences in relation to the subject matter of the website. You may refuse to accept Cookies by modifying the relevant Internet options or browsing preferences of your computer system, but to do so you may not be able to utilize or activate certain available functions in our websites. Our websites may bar users who do not accept Cookies.
We may collect, retain and use your personal data for the following purposes:
‧ to verify your identity;
‧ to process your application to subscribe for our services and loyalty programs
‧ matching procedures, as defined under the Personal Data (Privacy) Ordinance (Cap. 486);
‧ to provide the services and loyalty programs you requested;
‧ to administer and manage those services and loyalty programs, including renewing of service contract, charging, billing and collecting debts;
‧ to perform research or analysis in order for us to improve our products and/or services, loyalty programs and for survey, marketing and promotional purposes;
‧ to maintain and develop our business systems and infrastructure, including testing and upgrading of these systems; and/or
‧ to assist in the prevention, detection or investigation of crime or possible criminal activities or as required by law.
Subject to obtaining your expressed consent, we may also use your information, such as your name, member ID, gender, identification/passport number, date of birth, location, occupation, title, education level, monthly salary, interest information and choices about the products and/or services you have purchased, to provide you with marketing materials relating to our products and/or services (including financial information, news and education) as well as products and/or services offered by our business partners engaged in the profession of telecommunications, jewelry & watches, device accessories, mobile applications and software, lifestyle networking events, hotels, travelling, banking, wine and tobacco, sports, music, entertainment, gaming, transportation, household, food & beverages, commerce, finance, insurance, betting, education, health and wellness, beauty products, fashion & accessories , electronics, social networking, technology, e-commerce, mobile payment, cloud services, retail, home and decor, media, logistics, auction, real estate, catering, charity, vehicles, governmental services or high-end consumer products
If you do not wish to receive more latest updates and promotional materials from aistockshk.com, please send a written un-subscription request to us at firstname.lastname@example.org. Your un-subscription will come into effect within 10 business days upon receipt.
The Subscriber has read the Subscription Package Agreement and agrees to be bound by its Terms and Conditions.