The following terms & conditions comprise the entire Agreement between the User
who is registering and or subscribing to the Credit OnLine Service &
AGA Information (International) Ltd (AGAI) & supersede all prior agreement between both parties
regarding the Subject matter contained herein.
These terms & conditions shall govern the Services to be provided by AGAI,
the payment & use of such Services by the User.
By completing the registration or subscription process, the User is deemed
to be bound by all of the terms & conditions as follows :-
1. Definition of Terms
1.1 "AGAI", "We", "Our" or "Us"
AGA Information (International) Ltd
1.2 "Credit OnLine" or "This Website"
The internet Website at http://www.agacreditonline.com
1.3 "Agreement"
Completed registration or subscription form with the terms & conditions set
forth below
1.4 "User", "you" or "your"
A subscriber for the Services whose particulars are stated in the
registration or subscription form
1.5 "Services" or "Service"
Services to be provided by AGAI to the User at Credit OnLine, including
any system, software or data (whether electronically transferred or in
printed form)
1.6 "Information"
Information, data, content, reports, graphics & other materials & services,
communication, transmission & other items, tangible or intangible through
Credit OnLine
1.7 "Linked Sites"
Any sites established & maintained by third parties to which AGAI provides
a direct or indirect link from this Website
1.8 "Commencement Date"
The date specified by AGAI in writing in its notice to user through e-mail,
mail or fax indicating the subscriber can start to use the Services.
1.9 "Third Party Providers"
Any provider of information or services on the Website other than AGAI
2. Licence
2.1 AGAI hereby grants the User a limited, non-exclusive, non-transferable
licence (the "Licence") to access and utilize the Services and any
Information, or documentation supplied by AGAI, contained in the Services,
solely for its own internal business purposes, all in accordance with the
terms and conditions of this Agreement. All rights not specifically granted
to User are hereby retained by AGAI.
2.2 AGAI reserves the right at any time and without prior notice to the User to
change Credit OnLine's hours of operation or to limit the User's access to
Credit OnLine in order to perform repairs, make modifications or as a
result of circumstances beyond AGAI's reasonable control. AGAI may add
or withdraw products or services to or from Credit OnLine from time to
time and will notify the User of such changes.
3. Payment Terms
3.1 The User shall pay all subscription fees and usage charges of Credit
OnLine, according to the stated price list and subscription plans.
3.2 Liability for the subscription fees shall accrue from the Subscription date.
The client shall pay accrued interest at a rate of 2% per month, upon any
unpaid, undisputed amounts not paid when due. AGAI reserves the right to
discontinue providing the Services in the event the User defaults in
payment of any undisputed invoice.
3.3 In the event that the User notifies AGAI to terminate his subscription, for
whatever reason, there will be no refund of his subscription fees.
4. Ownership
4.1 The User acknowledges that (i) the Services, data, all copyrights,
confidential information, title, any related documentation, and other
intellectual proprietary rights embodied therein are and shall remain the
property of AGAI and its Third Party Providers; (ii) the Services and
Information are subject to protection under the patent, trademark,
copyright, trade secret and other intellectual property laws of the Hong
Kong and all other jurisdictions.
4.2 All Information furnished by AGAI is supplied with strict confidence for the
exclusive use of the User. The User shall not, without the written consent
of AGAI, divulge the Information to any third party, post, publish, reproduce,
distribute or in any way exploit any Information obtained through the
Services.
4.3 Only a User authorized by AGAI and such User's employees may use the
Services. You may not transfer all or any of your rights or obligations under
this Agreement to any other person, or permit any other person to use your
login ID or Password.
5. User's Obligations
5.1 The User shall be responsible for the set-up or configuration of his
equipment for access to Credit OnLine.
5.2 The User shall follow all the notices or instructions given by AGAI from
time to time with respect to the use of the Services.
5.3 The User shall be responsible for all Information retrieved or transmitted
through Credit OnLine by him.
5.4 The User shall be solely responsible for the maintenance and
confidentiality of the login name and password, and all activities and
transmission performed using his login name.
5.5 The User shall notify immediately AGAI of any unauthorized use of his
login name or any other breach of security known to the User.
6. Prohibited Acts
6.1 The User shall not upload, post, publish, reproduce or distribute any
information through Credit OnLine , which is protected by copyright or
proprietary rights, without obtaining the necessary permission.
6.2 The User shall not alter, reverse, engineer, decompose, disassemble or
otherwise seek to duplicate the performance characteristics of the Service.
6.3 The User shall not rent, lease, lend, sell sublicence, trade, assign, give or
permit access to, disclose, use on behalf of, furnish or redistribute the
Services or any part thereof, to any third party not expressly permitted in
this Agreement, including but not limited to, any affiliate or any other
department of the User.
6.4 The User shall not introduce, post or transmit any information or software
which contains virus or other harmful components onto network system of
Credit OnLine.
6.5 The User shall not violate or attempt to violate the security of Credit
OnLine and/or websites linked to Credit OnLine. This includes but not
limited to accessing data and information not intended for them or logging
onto a server or account, which the User is not authorized to access,
attempting to probe, scan or test the vulnerability of a system or network or
attempting to breach security or authentication measures without proper
authorization.
6.6 In the event of a suspected breach or violation of any of the terms and
conditions, you shall allow AGAI to make inspection on copies of the
contents or other Information in your possession obtained pursuant to this
Agreement.
7. Changes to Credit OnLine
7.1 AGAI may at any time change or remove the contents or any function,
aspect of feature, or change the presentation, of Credit OnLine including
hours of availability and equipment (hardware and software) needed for
access or use.
7.2 AGAI may change, add to, delete or modify any provisions in this
Agreement with 14 days prior notice. The User's continued use of the
Services following the modifications constitutes an acknowledgement &
acceptance of the amended terms and conditions and also constitute an
agreement by the User to abide and continue to be bounded by the
amended terms and conditions.
8. Termination
8.1 The terms and conditions of this Agreement become effective from the
Commencement Date unless terminated by either party upon 30 days
written notice.
8.2 Notwithstanding clause 8.1, AGAI may terminate this agreement with
immediate effect if :-
(i) The User has breached or been suspected to have breached any of
terms and conditions of this Agreement; OR
(ii) The User has provided any false or incomplete information to AGAI.
8.3 On the termination of this Agreement, all licences and rights you enjoy
under this Agreement will cease immediately. Termination of this
Agreement will not affect any accrued rights or obligations of the parties
prior to such termination.
9. Indemnity
The User will indemnify and keep AGAI indemnified against all losses (direct
or indirect), claims, demands, damages, expenses (including attorney's fees)
or liabilities whatsoever including but not limited to defamation, infringement of
intellectual property rights, death, bodily injury, property damage or pecuniary
losses howsoever arising out of or in connection with the User's access to
Credit OnLine, and any information or services provided by AGAI.
10. Login Name and Password
10.1 The User shall access Credit OnLine using a login name and password
approved by AGAI. The User must be responsible for the confidentiality
of his personal password.
10.2 In the event of theft or loss of login name or password, the User must
notify AGAI immediately and provide AGAI with a written notice to that
effect. The User shall remain liable for use of the Services by any third
party until such theft or loss is notified to AGAI.
11. Use of Data
The User agrees and irrevocably authorizes AGAI to use any data or
information provided by the User in connection with this Agreement for AGAI's
own internal and marketing purposes and to supply such data or information
to third parties for the operation of Credit OnLine.
12. Notices
12.1 AGAI may give notice to you by means of a general notice on Credit
OnLine or by ordinary mail to your address, by facsimile to your facsimile
number or by electronic mail to your electronic mail address on AGAI's
record. Any notice sent by a general notice on Credit OnLine or to your
facsimile number or electronic mail address is deemed to be received
on the day sent or the 3rd days if by post within Hong Kong.
12.2 You may give notice to AGAI by electronic mail to aga@aga.com.hk
13. Disclaimer of Warranties and Liabilities
13.1 This Service is provided on "as is" and "as available" basis without
warranty of any kind. AGAI do not warrant that the Service will be
uninterrupted or error free.
13.2 Although the Information on this Website is obtained or compiled from
sources we believed to be reliable, AGAI cannot and does not warrant the
accuracy, validity, timeliness or completeness of any such Information.
AGAI expressly disclaims any warranties of merchantability of fitness of a
particular purpose or duties of care.
13.3 AGAI makes no warranty that the materials accessible through this
Website (including the contents and the linked sites) are immune from
infection by viruses or any material which may contain such destructive
features.
13.4 AGAI, their respective officers, directors and shareholders shall not be
liable whether direct, indirect, special, consequential or incidental,
resulting from access or use of, or inability to access or use, this Website
or any sites or pages linked to this Website, including (without limitation)
damages resulting from the act or omission of third party, even if AGAI,
their respective officers, directors and shareholders have been advised
of the possibility of such damages.
13.5 The Information provided by this WebSite may only be used for general
reference and may not be regarded as any endorsement by AGAI for any
purpose with respect to any person or company.
You will exercise and rely solely on your own skill and judgement in your
use and interpretation of the Information. You are responsible to ensure
that your use of such Information complies with all applicable legal
requirements.
13.6 The liability of AGAI under this Agreement, if any, arising out of any legal
claim whether in contract, tort or otherwise in connection with the Service
shall be limited to the subscription amount paid by the User.
14. Governing Law and Jurisdiction and Survival
14.1 This Agreement comprising all the terms & conditions shall be governed
by the law of the Hong Kong Special Administrative Region. You agree
to submit to the non-exclusive jurisdiction of the Hong Kong courts.
14.2 If any terms or conditions are declared unenforceable or invalid, the
legality and enforceability of the remaining terms and conditions hereof
shall still remain in force and effect.