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HK Stock Quote
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Internet Futures Trading Service Agreement
To: BOCOM International Securities Limited
3/F, Far East Consortium Building
121 Des Voeux Road, Central
Hong Kong
(hereinafter referred to as "BOCOM")
(a SFC Licensed Corporation with The Securities and Futures Commission, CE No. APJ121)
I/We,________________(the "Client") agree to use the Service as a medium to communicate with BOCOM and to transmit or receive information, data and documents between BOCOM and the Client subject to the terms and conditions of this Agreement.
| 1. | Definitions | ||
| 1.1 | The terms and conditions in this Agreement are additional and supplemental to the terms and conditions in the Futures Client Agreement. Unless redefined herein or the context requires otherwise, all expressions defined in the Futures Client Agreement shall, where applicable, have the same meanings when used herein. | ||
| 1.2 | In this Agreement, the following expressions, unless the context requires otherwise, shall have the following meanings: - | ||
| "Account" means the Client's futures trading account (no: ___________________) opened with BOCOM in relation to which BOCOM has agreed to provide the Service; | |||
| "Agreement" means this Internet Futures Trading Service Agreement and all other documents completed or executed and to be completed and executed by the Client in relation thereto, as the same may be amended or supplemented from time to time; | |||
| "Authorized Person" means the persons or any of them appointed by the Client as agent of the Client to (including but not limited to) issue instructions on behalf of the Client in relation to the Account and/or Transactions and initially the persons specified as such in Appendix 3 of the Futures Client Agreement and such other person as appointed by the Client in substitution therefor or in addition thereto from time to time (the Client shall in writing notify BOCOM of such appointment, which shall only be effective after the actual receipt of such notification and approved by BOCOM); | |||
| "Client's System" means all hardware and software system used by the Client in gaining access to the Service (including, without limitation, any computer, modem, mobile phone and any program installed therein); | |||
| "Futures Client Agreement" means the agreement made between the Client and BOCOM and constituted by the Specimen Signature Card, the Futures Client Agreement and the Appendices whereby the Client has agreed to open and maintain, in the name of the Client, the Account with BOCOM for futures trading in accordance with and subject to the terms and conditions thereof; | |||
| "information" means all kinds of information including but not limited to messages, news, quotes, report, computer programs, software, images, illustrations, presentation, opinion, configuration, text and other materials; | |||
| "Instruction" means any instruction given by the Client to BOCOM through the Service (a) for Transactions; and (b) to check the portfolio and fund position in the Account; | |||
| "Service" means the "Internet Futures Trading Service" provided by BOCOM; | |||
| "Parties" means the Client and BOCOM; | |||
| "Password" means the personal password of the Client used in conjunction with the User ID to gain access to the Service and/or other services provided by BOCOM; | |||
| "User ID" means the personal identification of the Client used in conjunction with the Password to gain access to the Service and/or other services provided by BOCOM; and | |||
| "Website" means any and all websites operated by BOCOM. | |||
| 1.3 | In this Agreement: | ||
| (a) | "include(s)" and "including" mean respectively "include(s) but not limited to" and "including but not limited to"; | ||
| (b) | "subsidiary" shall bear the meaning given by the Companies Ordinance (Cap. 32 of the Laws of Hong Kong) and "associated company" means, in respect of any person, any company (not being a subsidiary of that person) of which that person shall beneficially own twenty per cent (20%) or more of the issued share capital or in respect of which that person is entitled to appoint one or more directors or, in relation to any company, any company which is a subsidiary of a holding company of that first mentioned company; | ||
| (c) | reference to a Clause is to a clause of this Agreement; | ||
| (d) | reference to an Ordinance is to an Ordinance or law of Hong Kong and any subsidiary legislation related thereto as from time to time amended, consolidated, extended, codified or re-enacted and for the time being in force; | ||
| (e) | words importing the singular include the plural and vice versa; words importing person include bodies corporate or unincorporated or other entity; words importing gender include every gender and the neuter gender; | ||
| (f) | the headings to the Clauses are for convenience only and do not affect their interpretation or construction; and | ||
| (g) | where it is necessary for the true construction or interpretation of any provision herein so that the indebtedness, liability or obligation of any of the Parties shall continue after the termination of this Agreement, such provision shall survive the termination of this Agreement. | ||
| 2. | Client's System | ||
| 2.1 | The Client shall be solely responsible for making available at the Client's own cost and risk the Client's System to gain access to, and support the Client's use of, the Service. | ||
| 2.2 | The Client declares that the Client is the owner of or is otherwise authorized to use the Client's System for gaining access to the Service. | ||
| 2.3 | The Client shall at the Client's own costs and expenses ensure that the Client's System is compatible with and properly connected to the system of BOCOM at all times and shall at the like costs and expenses maintain the Client's System in good operating conditions. | ||
| 2.4 | BOCOM shall not be responsible for any matter caused by the fault, failure or malfunctioning of the Client's System. | ||
| 2.5 | The Client shall only use the Client's System in Hong Kong or other jurisdiction where the Service may lawfully be provided by BOCOM and used by the Client. | ||
| 3. | Scope of the Service | ||
| 3.1 | The Client consents to use the Service as a medium of communication with BOCOM and to transmit or receive information, data and documents between BOCOM and the Client. All Instructions/orders communicated to BOCOM through the Service shall be deemed to be in writing, signed and sent by the Client. The Instructions shall be carried out by BOCOM on the terms and conditions of the Futures Client Agreement. | ||
| 3.2 | The Client acknowledges and accepts that it may not be possible to cancel, vary or amend an Instruction. Any attempt to cancel, vary or amend an Instruction is simply a request to cancel or modify. BOCOM shall not be obliged to act on any Instruction for cancellation, variation or amendment of any Instruction already given to BOCOM. BOCOM is not responsible for or liable to the Client for any loss or expense suffered or incurred by the Client if the original Instruction has already been acted on, executed and/or completed, or in the opinion of BOCOM, BOCOM has insufficient time or is unable to act on such Instructions to cancel, vary or amend the original Instruction. The Client further acknowledges and accepts that attempts to cancel, vary or amend an Instruction can result in an over-execution of the Instruction, or the execution of duplicate or repeated Instructions, and the Client shall be responsible for all such executions. | ||
| 3.3 | The Service is offered for the sole and exclusive use of the Client and only in such jurisdictions and to such extent where and when they may be lawfully offered and processed under the applicable law and regulations. | ||
| 3.4 | BOCOM has the sole discretion to determine and vary the scope and manner of availability of the Service to be provided from time to time, and to prescribe and change the normal service hours for the Service and any daily cut-off time for any type of Transaction. Since the Service may be accessed worldwide, the daily cut-off time in Hong Kong shall prevail. | ||
| 3.5 | Any Instruction received by BOCOM after the prescribed daily cut-off time shall not be executed [until the next processing day for Instruction of that kind]. | ||
| 3.6 | BOCOM shall not be deemed to have received or have executed the Instructions unless so stated in BOCOM's regular statements of account and/or confirmation of execution given by BOCOM online and/or other means of advice. The Client agrees and acknowledges that it is the Client's sole responsibility to keep records of such statement, confirmation and/or advice given by BOCOM, and save for manifest error or unless proved to the contrary by the Client to BOCOM's satisfaction, BOCOM's record shall be deemed as conclusive and binding. | ||
| 3.7 | Without prejudice to any provision of this Agreement or other terms and conditions in the Futures Client Agreement, the Client agrees that the Client is under a duty to promptly check and verify the contents of each of BOCOM's regular statements of account and/or confirmation of execution given by BOCOM online and/or other means of advice, and report to BOCOM any discrepancies in writing within 2 days from the date such statements, confirmation and/or advice was sent. If the Client fails to do so, the Client shall not be entitled to dispute any discrepancies in such statements, confirmation and/or advice and accepts such statements, confirmation and/or advice as final and conclusive and the same shall be binding on the Client for all purposes. | ||
| 3.8 | Without prejudice to any provision of this Agreement or other terms and conditions in the Futures Client Agreement, such confirmation of execution given by BOCOM online and/or other means of advice shall be deemed to have been received by the Client after transmission by BOCOM. For the avoidance of doubt, the Client agrees that it is the Client's duty to notify BOCOM immediately if the Client does not receive BOCOM's regular statements of account or such online confirmation and/or other means of advice given by BOCOM in respect of any Transactions within the time usually required for receipt of similar statements, confirmation and/or advice. | ||
| 3.9 | Without prejudice to any provision of the terms and conditions in the Futures Client Agreement which relate to communication or notice by or from BOCOM and the right of BOCOM to use any way or method of communication, for the purposes of the Service, each notice and communication from BOCOM to the Client sent by post to the last known address of the Client on BOCOM's record shall be deemed to have been duly delivered to the Client 24 hours after the same has been posted (if posted in Hong Kong to an address in Hong Kong) and on the 5th day after the same has been posted (if posted to or from a place outside Hong Kong ), and if sent by electronic mail ("E-mail") or facsimile to the E-mail address or facsimile number provided by the Client respectively, upon it being sent unless it is otherwise shown to the contrary in BOCOM's internal records. For the avoidance of doubt any notice given by BOCOM to the Client shall be deemed to have been duly delivered by the posting of such notice on the Website. | ||
| 3.10 | Notwithstanding any provision in this Agreement, BOCOM shall have the right exercisable at its sole discretion at any time, without notice to the Client, without limitation and without any liability to the Client, to limit, vary, suspend or terminate the Client's access to the Service or any function thereunder or to any information or data from any information or the Service provider or any part of it, or to set limit on any Instruction that can be given and any Transaction that can be entered pursuant thereto, for any reason whatsoever, including any unauthorized use of any of the the Service, information, data, or any user identification or account number. | ||
| 3.11 | The Client understands and acknowledges that the Service is provided as an additional service in relation to Transactions effected, conducted, carried on and entered into by the Client with and through BOCOM, and shall not be considered as a substitute for other method(s) of giving instructions for such Transactions. In the event that the Service is not available for any reason whatsoever (whether or not within the control of BOCOM), the Client shall have no claim whatsoever against BOCOM for inability to use the Service and shall use other available means to give instructions for such Transactions. | ||
| 3.12 | Without prejudice to the generality of the foregoing, BOCOM shall be entitled to terminate the Service provided to the Client if: - | ||
| (a) | the Client commits any material breach of this Agreement and/or any other terms and conditions in the Futures Client Agreement; | ||
| (b) | the provision and/or maintenance of the Service to the Client shall be illegal or otherwise prohibited by law; or | ||
| (c) | BOCOM's records show that the Account of the Client has become dormant for such period prescribed by BOCOM. | ||
| 3.13 | The Client may request BOCOM in writing or via the Service to change the Password from time to time. The issuance or assignment of a new Password shall not be regarded as the commencement or creation of a new agreement between the Client and BOCOM in respect of the Service. | ||
| 4. | Limitation on the Service | ||
| 4.1 | The Website and/or the Service are intended to be offered in jurisdictions where and when they may be lawfully offered. | ||
| 4.2 | The Client may reside in any of those jurisdictions in which use of the Website and/or the Service is unlawful, prohibited or in any way restricted. The Client acknowledges and agrees to check and observe all relevant restrictions which may apply to it. | ||
| 5. | Website | ||
| 5.1 | The Client acknowledges that BOCOM may operate the Website to facilitate the provision of the Service to the Client. The Website is made available to the Client in BOCOM's discretion and the use of the Website by the Client is subject to such terms and conditions as imposed and from time to time amended by BOCOM. BOCOM will notify the Client such terms and conditions and the amendments thereto, which shall be deemed duly notified to the Client by posting the same on the Website or mailing or sending the same to the Client, as determined at BOCOM's sole discretion. | ||
| 5.2 | The Client acknowledges that all information and data posted on the Website or otherwise made available on or through the Service and/or the Website are provided on an "AS IS" and "AS AVAILABLE" basis. BOCOM expressly disclaims all warranties of any kind, whether express or by implication, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement of any third party right. Such information and data (whether supplied by BOCOM or any third party) are for reference only and shall not in any circumstances be binding or intended for Transaction, or regarded or used by the Client as professional or investment advice or a basis for making Transaction decision, or any other purposes. The Client shall seek independent professional advice where necessary. | ||
| 5.3 | The Client acknowledges and agrees that any material, data and/or software downloaded or otherwise obtained through the use of the Website or from the Website is done at the Client's own discretion and risk. The Client undertakes to take all necessary precautions, including but not limited to data backup and software testing, before using such software. BOCOM shall not be liable in any way to any damage to the Client's System or loss of data that may result from the download and/or use of such material, data or software (in particular, in respect of loss and damage due to computer virus or software malfunction). | ||
| 5.4 | Any hyperlink from the Website to other websites are for information purpose and convenience only. BOCOM accepts no liability for any loss or damage arising directly or indirectly (including incidental, consequential and special loss) from the accuracy, sequence, truth, reliability, adequacy, timeliness, completeness or otherwise of the information or loss arising directly or indirectly from defects within such websites. The inclusion of hyperlinks does not imply any endorsement by BOCOM of any materials on such websites. | ||
| 5.5 | The Client acknowledges and agrees that, in addition to this Agreement, BOCOM has absolute discretion to impose from time to time other terms and conditions in respect of the use of the Service which terms will not be contained herein but may at BOCOM's discretion be posted on the Website or mailed or sent to the Client, as the case may be, and which shall be binding on the Client. BOCOM has absolute discretion at any time to amend or vary such terms and conditions and/or this Agreement which amendment or variation shall be deemed duly notified to the Client by posting the same on the Website or mailing or sending the same to the Client, as determined at BOCOM's discretion. If the Client does not accept any amendment to such terms and conditions and/or this Agreement proposed by BOCOM, the Client shall (a) cease using the Service; and (b) terminate the Service in accordance with Clause 19. The Client shall be deemed to have accepted the terms and conditions as amended or varied once the Client uses or continues to use the Service after the relevant terms and conditions become effective. | ||
| 5.6 | The Client acknowledges and agrees that the internet is, due to unpredictable traffic congestion or any other reasons, an inherently unreliable medium of communication and that such unreliability is beyond the control of BOCOM and BOCOM does not make any warranty as to the results that may be obtained from the use of the Website or as to the accuracy or reliability of any information obtained through the Website or that defects in the software available on the Website will be corrected. | ||
| 6. | User Identification | ||
| 6.1 | The Client acknowledges that only the Client will be the authorized user of the Service in relation to the Account and the Client may be required to use various identification and access codes, including Password, User ID and other identification to access the Service (together referred to below as "user identification"). | ||
| 6.2 | BOCOM is authorized (but not obligated) in its absolute discretion to act on any Instruction received in relation to the Account without any duty or liability to verify the identity or authority of the person giving the Instruction or the validity and/or authenticity of such Instruction once the correct user identification of the Client has been inputted. The Client acknowledges and agrees that the Client shall be solely responsible for all Instructions entered through the Service using the user identification and all Transactions entered pursuant thereto (whether or not such Instructions were actually given by the Client) and neither BOCOM nor its directors, officers, employees or agents shall have any liability to the Client, or to any other person whose claim may arise through the Client for any claims with respect to the handling or loss of any Instruction. | ||
| 6.3 | The Client shall be solely responsible for all costs and losses, whether directly or indirectly, arising out of or in connection with any unauthorized use of the Client's user identification. The Client shall also have the duty to notify BOCOM immediately of the Client's becoming aware of any loss, theft or unauthorized use of the Client's user identification. | ||
| 7. | Client's Responsibilities | ||
| 7.1 | The Client undertakes that: | ||
| (a) | the Client shall be responsible for the confidentiality, application and proper use at all times of the Client's user identification, and shall take such action or do such act, matter or thing as is necessary including without limitation the following: - | ||
| (i) not to disclose the user identification to any other person or permit any other person to gain access to the Service; (ii) not to send the user identification via E-mail; (iii) not to disclose the user identification to anyone who claims to represent BOCOM or holds out as BOCOM's employee or authorized representative in any circumstance (it is not necessary for BOCOM's employee to know the user identification); (iv) to destroy the original printed copy of the Password (if any); (v) to change the initial Password when the Client first uses the Service and to change the Password periodically; (vi) to promptly log out from the Service once the Client has finished using the Service; and (vii) not to leave the Client's System unattended while using the Service. |
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| (b) | the Client shall not use or attempt to use the Service for any purpose other than it was permitted by BOCOM; | ||
| (c) | the Client shall as soon as practicable report to BOCOM any loss or unauthorized disclosure of the user identification by phone and confirm in writing thereafter within 24 hours or such other period as BOCOM may prescribe from time to time; | ||
| (d) | the Client agrees and acknowledges that it shall be fully responsible for any accidental or unauthorized disclosure of the user identification to any other person; | ||
| (e) | the Client shall not, and shall not attempt to tamper with, modify, decompile, disassemble, reverse-engineer, damage, alter or gain unauthorized access to any part of the Service or the Website or any software comprised in them; and | ||
| (f) | the Client undertakes to notify BOCOM immediately if the Client becomes aware of any of the actions described in Clause 7.1(e) is being perpetrated by any other person. | ||
| 7.2 | The Client agrees to be bound by the "Internet Privacy Policy Statement" (as may be amended by BOCOM from time to time) and to the use of his personal data in the manner specified in the said Statement. | ||
| 8. | Third Party Information | ||
| 8.1 | The Client acknowledges that any information and data provided through the Service relating to Securities and/or Commodity and/or Exchange Contract and/or F/O Contract and/or Option Contract and/or markets has been obtained from Exchanges and markets and from other third party information or service providers appointed by BOCOM from time to time and that such information and data are or may be protected by copyright and other intellectual property laws, and are provided for the Client's personal non-commercial use only, and the Client shall not: - | ||
| (a) | download, reproduce, duplicate, provide, transmit, retransmit, disseminate, sell, transfer, disclose, assign, convey, lease, sub-license, share, loan, distribute, publish, broadcast, cablecast, circulate or commercially exploit any such information or data in any way without the consent of BOCOM or such information or service providers; | ||
| (b) | remove, obliterate, erase, relocate or modify in anyway any such information or data including, without limitation, any trademark or copyright notice; or | ||
| (c) | incorporate or combine any such information or data with any other programs. | ||
| 8.2 | The Client acknowledges that the real-time quote service and the message alert service (to receive message alert when the prices of such Securities and/or Commodity and/or Exchange Contract and/or F/O Contract and/or Option Contract as specified by the Client reach a preset target price) that may be available through the Service is provided by a third party appointed by BOCOM from time to time. The Client agrees that BOCOM shall not be responsible for any losses the Client or any other person may suffer for the failure of sending out the message alert and/or as a result of relying on any real time quote on prices of Securities and/or Commodity and/or Exchange Contract and/or F/O Contract and/or Option Contract, and/or any information which may be available to the Client through the the Service. | ||
| 8.3 | Neither BOCOM nor any information or service provider or any third party warrants, represents or guarantees the accuracy, reliability, adequacy, timeliness and completeness of any information or data provided through the Service and/or the Website or whether any such information or data is fit for any purpose. BOCOM and all such information or service providers expressly disclaim all liabilities whatsoever arising from or in connection with any reliance on any such information or data. | ||
| 9. | Intellectual Property | ||
| 9.1 | All proprietary and copyright and other intellectual property rights in or subsisting in the Service and the Website, are the exclusive property of BOCOM or the relevant information or service providers. No right, title or interest other than the right to access the Service and/or the Website subject to this Agreement is conveyed or transferred to the Client. The Client shall not make any representation or do any act which may be taken to indicate that the Client has any such right, title or interest. | ||
| 10. | Limitation of Liabilities | ||
| 10.1 | Unless due to the wilful default of BOCOM, its directors, officers, employees and agents and only to the extent of direct and reasonably foreseeable loss and damage (if any) arising directly and solely therefrom or the amount of the relevant Transaction (whichever is less), BOCOM shall not assume any liability or responsibility whatsoever to the Client or any other person for the consequences arising from or in connection with: | ||
| (a) | use of the Service and/or access to any information or data through the Service and/or the Website as a result of such use by the Client or any other person whether or not authorized; | ||
| (b) | any interruption, interception, suspension, delay, loss, unavailability, mutilation or other failure in providing the Service, in transmitting Instructions or information or data relating to the Service or in connecting with the Website (whether or not within the control of BOCOM) including, without limitation, failure of any communication network or computer downtime, act or omission of any third party information or service providers, housekeeping, computer virus, unauthorized access by any person (including hacker), upgrade or preventive or remedial maintenance activities, mechanical failure, power failure, malfunction, breakdown, or inadequacy of equipment, installation or facilities, or any law, rules, regulations, codes, directions, regulatory guidelines or government order (whether or not having the force of law); | ||
| (c) | transmission, posting and/or storage of any information and/or data relating to the Client, the Service and/or Transactions conducted by the Client in relation or pursuant to the Service through or in any system, equipment or instrument of any communication network provider; and | ||
| (d) | Act of God, government act, government restrictions, the imposition of emergency procedures, civil commotion, strike, acts or threatened acts of terrorism, war, natural disasters, fire, flood, explosion or other circumstances beyond third party's control. | ||
| 10.2 | BOCOM shall not in any circumstance and in any way be liable to the Client for any loss of use, revenue, profits, savings or opportunity or any other incidental, consequential, special or indirect loss or damages arising from the the Service irrespective of how such loss may be caused. | ||
| 11. | Indemnity | ||
| 11.1 | Without prejudice to any other provision hereof and unless due to the wilful default of BOCOM, the Client shall fully indemnify and keep indemnified BOCOM and its subsidiaries, associated company, officers, employees and agents against all liabilities, claims, demand, losses, damages, costs, charges and expenses of any kind (including without limitation legal costs) on a full indemnity basis which may be incurred and all actions or proceedings which may be brought by or against BOCOM in connection with the provision of the Service and/or the Website and/or access to the information or data thereon and/or the exercise or preservation of BOCOM's powers and rights BOCOM may have. | ||
| 11.2 | In any event, BOCOM shall not be liable for the Client's failure in observing the above obligations and the Client shall fully indemnify BOCOM in respect of any direct or indirect loss or cost of whatsoever nature that BOCOM may suffer or incur as a result thereof. For the avoidance of doubt, it is the responsibility of the Client to take its own initiative to contact BOCOM to check the status of any Instructions given through the Service. | ||
| 11.3 | If the Client gives any Instruction to BOCOM outside Hong Kong, the Client agrees to ensure and represent that such Instruction will have been given in compliance with any applicable law of the relevant jurisdiction from which the Instruction is given, and the Client agrees that, when in doubt, the Client shall consult its legal advisers and other professionals of the relevant jurisdiction. The Client accepts that there may be taxes or charges payable to relevant authorities in respect to any Instruction given outside Hong Kong, and the Client agrees to pay such taxes or charges. | ||
| 11.4 | The Client further undertakes to indemnify BOCOM, on a full indemnity basis, on demand, for any loss or damage BOCOM may suffer (including legal costs) as a result of the use of the Service. | ||
| 12. | Charges and Expenses | ||
| 12.1 | The Client shall pay all subscription, service and use fees, if any, that BOCOM may charge from time to time for the use of the Service. If the Client fails to pay any sum due and payable by the Client to BOCOM arising out of the use of the Service, the Client shall be liable to indemnify BOCOM, on a full indemnity basis, for all costs and expenses (including legal costs) incurred by BOCOM in recovering such sum. BOCOM is entitled at any time and without giving notice or obtaining consent from the Client, to set-off or transfer any credit balance in any of the Client's accounts opened with BOCOM towards satisfaction of any indebtedness or liabilities by the Client to BOCOM arising out of the use of the Service. | ||
| 12.2 | The Client irrevocably authorizes BOCOM to (but BOCOM is not obliged to) withdraw or otherwise deduct such sums of money, including any related costs and expenses, from any of the Client's accounts opened with BOCOM (regardless of there being a debit balances, credit balances or otherwise in the said account) as shall be necessary to complete any Transaction. | ||
| 13. | No Warranty | ||
| 13.1 | BOCOM does not in any way warrant that (i) any services provided in connection with or any of the Client's use of the Service and/or the Website will be free of errors, interception or interruption; or that (ii) the information, data, or other materials provided, used or accessible in connection with the the Service and/or the Website will be free of viruses, disabling devices or other contaminants. The Client acknowledges that BOCOM's internal records of the Account, related Transactions and information shall be conclusive save for obvious error or unless the contrary is established by the Client to BOCOM's satisfaction. For the avoidance of doubt, BOCOM may use such updated information as may be available at the time of executing any Instructions of the Client for any Transactions, and such Transactions shall be binding on the Client notwithstanding different information may have been quoted by BOCOM via the Service and/or the Website. | ||
| 14. | Corporation | ||
| 14.1 | Where the Client is a body corporate, the Client and its Authorized Person agree to assume all liabilities and obligations of the Client under this Agreement on a joint and several basis and all Transactions effected by BOCOM pursuant to this Agreement shall be binding on the Client and its Authorized Person. | ||
| 15. | Joint Account | ||
| 15.1 | Where the Client is a joint account holder of the Account, all joint account holders of the Account agree to assume all liabilities and obligations of the Client under this Agreement on a joint and several basis and all Transactions effected by BOCOM pursuant to this Agreement shall be binding on all joint account holders in all aspects. | ||
| 16. | Disclosure | ||
| 16.1 | Immediately upon request by BOCOM, the Client shall inform BOCOM, or other regulators as directed by BOCOM, of the identity, address, occupation and contact details of the person for whom the Transaction was effected by the Client and of the person with the ultimate beneficial interest in the Transaction. The Client shall also inform BOCOM, or the regulators as directed by BOCOM, of the identity, address, occupation and contact details of any third party who originated the Transaction. | ||
| 17. | Third Party Service | ||
| 17.1 | The Client agrees that BOCOM may accept from any other third party engaged in any Transaction or providing any services in respect of the Service and/or the Website any rebate or allowance of any fee, brokerage or commission or the likes payable in respect thereof and BOCOM shall be entitled to retain any profit or other benefit arising by way of fees, brokerage, commissions, rebate, perquisites, or otherwise obtained or received by them in connection with or arising whether directly or indirectly from the Service and/or the Website. | ||
| 17.2 | The Client agrees to the disclosing, transferring or otherwise making available of all personal data and other information relating to the Client and the Account to any other third party engaged in any Transaction or providing any service in respect of the Service and/or the Website and the Client's Transactions and dealings with the aforesaid among any one or more of the aforesaid and their subsidiaries, group members and agents thereof whether in or outside Hong Kong relating to or for the purpose of providing the Service and all related service. | ||
| 18. | Assignment | ||
| 18.1 | The Client shall not assign or transfer any of its rights or obligations under the Agreement. BOCOM may assign or transfer any of its rights and obligations under the Agreement without the prior consent of the Client. Any assignee, transferee or successor of BOCOM shall have the same interest, rights, benefits, liabilities and remedies as if it were BOCOM. BOCOM may delegate and sub-contract the performance of its obligations hereunder as it thinks fit. | ||
| 19. | Termination | ||
| 19.1 | The Client may terminate the Service and this Agreement by giving not less than 7 business days prior written notice to BOCOM (which notice shall be valid and effective if and only if such notice shall be actually received by BOCOM) provided that all rights and obligations accrued to and by the Parties prior to such termination shall not be affected. | ||
| 19.2 | BOCOM may terminate the Service and this Agreement at its discretion and at any time by notice to the Client. | ||
| 20. | Miscellaneous Provisions | ||
| 20.1 | The English version and the Chinese version of this Agreement are of the same legal effect. However, in the event of any inconsistency between the English version and the Chinese version, the English version shall prevail. | ||
| 21. | Risk Disclosure Statement | ||
| 21.1 | Trading on an electronic trading system may differ from trading on other electronic trading systems. If you undertake transactions on an electronic trading system, you will be exposed to risks associated with the system including the failure of hardware and software. The result of any system failure may be that your order is either not executed according to your instructions or is not executed at all. | ||
| 21.2 | You acknowledge and bear the risk that messages sending over the Internet may be delayed due to Internet traffic jam or other reasons. The licensed or registered person shall not be responsible for any consequences of these delays, including without limitation delays in the transmission of instructions/orders to the place of execution or the transmission of reports of execution to you due to any failure of communication facilities, or any other delays beyond the reasonable control of the licensed or registered person. | ||
| 21.3 | Communications over the Internet may be subject to transmission blackout, interruption, interception, or incorrect data transmission due to the public nature of the Internet or other reasons that are beyond the licensed or registered person's control. Messages sent over the Internet cannot be guaranteed to be completely secure. You shall be aware of and bear the risk of any delay, loss, diversion, alteration, corruption or virus infection of any messages/instructions either sent to or received from the licensed or registered person's systems. The licensed or registered person shall not be responsible for any losses or damages incurred or suffered as a result thereof. | ||