HK Stock Quote

Internet Securities Trading Service Agreement

1.	Definition and Construction
	1.1	In this Agreement, the following terms shall bear the following meanings:
		-	"Account" means the securities trading account (no: ___________________________ ) with BOCOM designated by the Client for the purpose of the Service;
		-	"GEM Listing Rules" means The Rules Governing the Listing of Securities on the Growth Enterprise Market of The Stock Exchange of Hong Kong Limited as amended from time to time;
		-	"Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China;
		-	"Listing Rules" means The Rules Governing the Listing of Securities on The Stock Exchange of Hong Kong Limited as amended from time to time;
		-	"Password" means the personal identification number, which may be changed by the Client at any time, for identifying the Client for the purpose of the Service;
		-	"SEHK" means The Stock Exchange of Hong Kong Limited, and includes its successors; and
		-	"Service" means the "Internet Securities Trading Services" provided by BOCOM.
	1.2	Headings are for ease of reference only. "BOCOM's computer system" refers only to the computer equipment and software which are operated under BOCOM's sole control. Words importing the singular include the plural and vice versa. Words importing a gender include all other genders. "Including" is not a word of limitation.

2.	Service
	2.1	The Service is a facility operated through the Internet which enables registered customers of BOCOM to give instructions to, and communicate with, BOCOM on-line for the purpose of securities trading, and BOCOM may from time to time vary the functions and operations of the Service or the daily cut-off times, or suspend or withdraw the Service, without notice or responsibility to the Client.
	2.2	Before the Client can access the Service, the Client must apply to BOCOM and comply with such procedures and requirements as from time to time prescribed by BOCOM and obtain a Password from BOCOM.
	2.3	Messages sent through the Service shall be treated as if they had been made in writing and signed by the sender. The parties waive any rights to contest the validity or enforceability of a contract effected through the Service on the ground that it was effected electronically.
	2.4	BOCOM may regard the Client's instructions as received by BOCOM's computer system (showing an order reference number) as being what the Client intended to send. BOCOM may regard the Client's instruction (which duplicates another instruction) as a separate instruction, unless BOCOM actually knew that it was a duplicate.
	2.5	As between the parties, a contract effected through the Service is concluded in Hong Kong and, as regards any part of an order for the purchase/sale of securities placed by the Client, at the time when the column "Exe. Qty" on the page "Order Status" on the Service's website shows that part of the order has been executed. BOCOM will confirm to the Client by telephone once an order placed through the Service is completely executed pursuant to the Client's instructions. If such confirmation is not received by the Client, the Client must check on the page "Order Status" on the Service's website with the use of the relevant order reference number referred to in Clause 2.5.
	2.6	In general, an instruction once given and accepted cannot be altered or cancelled. However, an instruction to sell or buy securities may be altered or cancelled before execution.
	2.7	BOCOM's computer data records of transactions and messages in respect of the Service are, save to the extent of manifest error, conclusive and binding on the Client. The Client agrees that they shall be admissible in the courts as evidence of the existence of the transactions and messages, and of the facts contained therein, to the extent permitted by applicable law. Transactions and messages as shown on the Client's computer are for the Client's reference only.
	2.8	The Client is regarded as having received a communication when it is dispatched by BOCOM's computer system or posted on the Service's website. The dispatch and receipt of communications through the Service are regarded to take place in Hong Kong.
	2.9	The Client will not use the Service for any purpose other than to access an available service. The Client shall ensure that the content of a message sent by or on it behalf through the Service is not inconsistent with applicable law.
	2.10	If the Client's instruction has not been accepted by the Service for any reason (for example, insufficient account balance, or after cut-off time), the Client must try again. The Service will not reprocess the Client's instruction automatically.
	2.11	The Client will obtain and maintain at the Client's own cost suitable computer equipment, software and connection to the Internet to access the Service. The Client is responsible for all telephone, Internet service and other charges incurred in using the Service. BOCOM will not be responsible for any inability to access the Service, or any incorrect representation of the Service on the Client's screen, arising from the Client's equipment, software or connection.
	2.12	BOCOM may download certain information including the Client's identification data to the Client's computer or access device, if allowed under BOCOM's privacy Policy Statement.
	2.13	The Client agrees to comply with the operational instructions from time to time in force for the Service.

3.	Password
	3.1	The Client agrees to keep the Password secret to itself and its authorized representative(s). The Client must log-off immediately after each use of the Service. The Client shall contact BOCOM immediately by telephone at the hotline from time to time specified by BOCOM for such purpose if it thinks or suspects that the Password has been lost or stolen or that any unauthorized person knows it. The Client shall, as requested, confirm its report to BOCOM in writing within 24 hours.
	3.2	BOCOM may regard an instruction given through the Service by any person with the use of the Password as conclusively binding on the Client. This will be so notwithstanding that the person may not have been authorized by the Client, any change of authorized signatories of the Client or any other specific requirements (including signing arrangement) in the Client's mandate governing the Account and none of BOCOM's directors, officers, employees or agents shall have any liability to the Client, with respect to the handling of such instruction.

4.	Information available through the Service
	4.1	The Service (including any financial, market or other information and data posted on the Service's website) is proprietary to BOCOM or the originator of the relevant information or data if such information or data is supplied by a person other than BOCOM.
	4.2	The Client shall not, and shall not attempt to, tamper with, modify, decompile, reverse-engineer or otherwise alter in any way, or gain unauthorized access to, any part of the Service or any software comprised in the Service. The Client shall fully indemnify BOCOM in respect of any direct or indirect loss or damage of whatsoever nature that BOCOM may suffer or incur as a result of breach of this Clause.
	4.3	The Client agrees that, should it experience any problems in accessing the Service, it will use the alternative method made available by BOCOM (e.g., by telephone on the specified number) to communicate with BOCOM.
	4.4	Any information available on the Service's website is provided for the Client's reference only. BOCOM is not responsible for its accuracy, completeness or timeliness, or for any decision made with the information. Hyperlinks to other sites are provided for the Client's convenience only. They are not BOCOM's recommendation or endorsement of the other sites. BOCOM is not responsible for the contents of the other sites, and has not verified them.
	4.5	Without prejudice to Clause 4.4, the securities prices posted on the Service's website are provided by SEHK. Whilst SEHK endeavours to ensure the accuracy and reliability of the information provided, SEHK and BOCOM do not guarantee the accuracy or reliability of such information and shall not be responsible for any loss or damage suffered by the Client as a result of inaccuracy or incompleteness of any such information.
	4.6	The Client is only authorized to use the information or data made available on the Service's website for its own personal and non-commercial purpose, and the Client is not authorized to use or permit to use of any such information or data with a view to commercial gain or for any illegal purpose. The Client shall not delete copyright or other intellectual property rights notices from printouts or any other form of reproduction of any such information data.

5.	Fees and Charges
	5.1	The Service is made available to the Client free of charge. However, BOCOM reserves the right to impose subscription fees for the Service at any time in future.
	5.2	BOCOM may deduct all fees and charges (including, stamp duty and levy, custodian, brokerage, service or other fees and charges) in connection with all transactions effected through the Service from the Account.

6.	Instruction
	6.1	BOCOM shall so far as it considers reasonably practicable sell and/or purchase securities in accordance with the instructions given by the Client from time to time as actually received by it through the Service, provided always that BOCOM shall have an absolute discretion to accept or reject any such instruction without giving any reason.
	6.2	Without prejudice to Clause 6.1, BOCOM shall have full discretion not to execute any such instruction if:
		(a)	there are insufficient cleared funds or securities in the Account for settlement of the relevant instruction; or
		(b)	the funds required for the relevant instruction when aggregated with the funds required for the execution of all other outstanding instructions given for the Account exceed any daily trading limit as conclusively determined by BOCOM from time to time.

7.	Limit for BOCOM's liability
	7.1	A reasonable level of commercially available security and encryption measures have been provided for the Service. However, unless caused by BOCOM's willful misconduct, BOCOM is not liable for:
		(a)	any instruction which is not actually received by BOCOM, whether by reason of malfunction in computer or communications facilities or otherwise;
		(b)	any delay or interruption in accessing the Service, or the timely execution of instructions which are not given to BOCOM in time;
		(c)	any inability to access the Service;
		(d)	any unauthorized interception, corruption or loss of messages sent through the Internet, or any unauthorized access to the Service;
		(e)	any error in the Service; or
		(f)	any computer virus or similar problems arising in connection with the Service.
	7.2	BOCOM is in any event not liable for any indirect, special, incidental or consequential damages arising from the use of or inability to use the Service.
	7.3	If BOCOM is found to be liable for any damages, BOCOM's liability shall be limited to the amount of the relevant transaction or, if less, the Client's direct damages.
	7.4	These limits of BOCOM's liability operate to the extent permitted by applicable law.

8.	General
	8.1	The Client represents and warrants to BOCOM that it is not a connected person (as defined in the Listing Rules and/or GEM Listing Rules(as the case may be)) of the company(ies) the securities of which it shall from time to time place orders with BOCOM for sale or purchase (whether through the Service or otherwise) unless it specifically notifies BOCOM to the contrary prior to the placing of such orders.
	8.2	The Client acknowledges that BOCOM has no intention to give any investment advice to the Client through the Service. The Client declares that it shall, before making any investment decision, obtain verification from such independent sources as it deems fit against all information, data, suggestion or advice of whatever nature provided by BOCOM through the Service, and shall make its own judgement and decision based on such independent verification. BOCOM shall not be under any liability whatsoever in respect of any information or data or suggestion or advice given through the Service.
	8.3	This agreement may be terminate by the Client at any time by giving to BOCOM not less than one week's prior written notice. However, this will not terminate the Account of the Client with BOCOM and affect any transaction executed by BOCOM on the Client's behalf prior to BOCOM's actual receipt of the Client's notice of termination. BOCOM may terminate or suspend the Client's use of the Service at any time, without giving any reason. BOCOM's notice of termination or suspension dispatched through the Service or made available on an attempted access with the Password shall have immediate effect. Termination of the use of the Service shall not affect any accrued rights. Clause 2.8 shall survive termination.
	8.4	Without prejudice to Clause 8.3, BOCOM may block access to the use of the Service without prior notice to the Client if:
		(a)	BOCOM elects at its discretion to suspend the Service on a temporary or permanent basis, or
		(b)	BOCOM elects at its discretion to suspend the Client's use of the Service at any time and for such period as BOCOM deems fit due to internal reasons, or
		(c)	The Client commits any breach of the terms and conditions of this Agreement.
	8.5	BOCOM may amend the terms and conditions of this Agreement at any time by posting a notice on the Service's website. Continued use of the Service after the posting of such notice shall constitute acceptance of the revised terms and conditions by the Client. The Client is nonetheless entitled to terminate this Agreement in accordance with Clause 8.3.
	8.6	BOCOM may at any time assign or transfer any or all of its rights or obligations under this Agreement to any third party. BOCOM is authorized to disclose to any actual or potential assignee or transferee such in formation about the Client (including personal data) and the Account or such other information as BOCOM shall consider appropriate for the purpose of the proposed assignment or transfer. The Client may not assign or transfer any of its rights and obligations under this Agreement.
	8.7	The Client agrees to the provisions of the Internet Privacy Policy Statement as amended from time to time by BOCOM in relation to the use of its personal data collected through the Service.
	8.8	The Service's website is hosted by BOCOM and is connected to the Internet via an independent service provider, which is not BOCOM's agent for any purpose. BOCOM does not assume any responsibility in respect of the provider.
	8.9	Where the Client comprises more than one person, the liabilities of all such persons under this Agreement are joint and several. Any notice hereunder to any one such person shall be deemed effective notice to all such persons.
	8.10	The terms and conditions of this Agreement are in addition to all other terms and conditions governing the Account. In case of inconsistency, the terms and conditions of this Agreement shall prevail as far as the Service is concerned.
	8.11	This Agreement, and all transactions effected through the Service, are governed by the law of Hong Kong. The parties submit to the non-exclusive jurisdiction of the Hong Kong courts.
	8.12	Both the English version and the Chinese version of this Agreement are of equal effect.

9.	Risk disclosure statement
	The Client acknowledges and agrees that the Service is, due to the open nature of the Internet and other reasons, an inherently unreliable medium of communication and that such unreliability is beyond BOCOM's control. As a result, there may be delays, technical errors, incorrect transmission, failure or incompleteness in the transmission and receipt of instructions and other information or data which may result in delay or error in the execution of instructions. There may also be a time lag in data transmission, and the Client's orders may not necessarily be executed at the price indicated on the Internet. The Client further acknowledges and agrees that there are risks of interception, interruption or transmission blackout. All risks shall be borne by the Client.