MEMBERSHIP AND SUBSCRIPTION AGREEMENT FOR SERVICES PROVIDED BY HKEJ DIGITAL PLATFORMS
閣下於登記成為信報財經新聞有限公司(“信報”)轄下的「信報網站www.hkej.com」 (“www.hkej.com”)會員或訂閱信報數碼平台所提供之服務前，請先細閱本協議，以便了解我們的會員或訂閱條款及條件。成為信報數碼平台的會員或訂戶後, 會員或訂戶將可享用由信報透過www.hkej.com或其數碼平台(包括但不限於網站及相關流動應用程式)分別提供予會員或訂戶的多項服務, 包括網上新聞及資訊。
The following are the terms and conditions with regard to your membership or subscription for services at www.hkej.com and affiliated digital platforms provided by Hong Kong Economic Journal Company Limited (“HKEJ”). After subscribed to be a member or subscriber of HKEJ Digital Platforms, member or subscriber can enjoy services, consisting of information services and contents respectively for the member and subscriber, offered through HKEJ Digital Platforms (including but not limited to the affiliated websites or mobile apps) from time to time by HKEJ. Please read the following terms before you accept to be the member or subscriber.
- a. “會員”意指已註冊成為信報數碼平台之會員。
- b. “訂戶” 意指已確認及成功訂閱信報數碼平台所提供的訂閱服務之訂戶。
- c. “信報數碼平台”意指www.hkej.com及其相關的數碼平台(包括但不限於網站及相關流動應用程式)。
- d. “會員服務”意指信報數碼平台為會員提供的會員服務。
- e. “訂閱服務”意指信報數碼平台為訂戶提供的訂閱服務。
- f. 本會員或訂閱服務協議的標題只為方便閱讀，並不影響本會員或訂閱服務協議的闡釋。
- g. 在闡釋本會員或訂閱服務協議時，單數字眼具有複數含義，男性字眼具有女性及中性含義，個人字眼具有合夥公司、有限及無限公司含義。
- a. “Member” means the registered member for Membership Services provided by HKEJ Digital Platforms.
- b. “Subscriber” means the subscriber duly enrolled for the Subscribed Services provided by HKEJ Digital Platforms.
- c. “HKEJ Digital Platforms” means www.hkej.com and affiliated digital platforms (including but not limited to the affiliated websites and mobile apps).
- d. “Membership Services” means services provided for Member.
- e. “Subscribed Services” means services provided for Subscriber.
- f. The headings in this Membership or Subscription Agreement are for convenience only and shall not affect its interpretation.
- g. In this Membership or Subscription Agreement words importing the singular include the plural and vice versa, words importing gender or the neuter include both genders and the neuter and references to persons include partnership bodies corporate or unincorporate.
在完成會員或訂閱申請及按 “我接受” 之按鍵後，即已表示閣下同意遵守本協議的條款及條件。
ACCEPTANCE OF TERMS
Once becoming Member or Subscriber of HKEJ Digital Platforms, Member or Subscriber is bound by all the terms and conditions of this Membership or Subscription Agreement ("the Terms and Conditions"). If Member or Subscriber does not agree to the Terms and Conditions, please do not register to become Member or Subscriber. Membership Services or Subscribed Services are offered to Member or Subscriber conditional upon acceptance of all of the Terms and Conditions by Member or Subscriber. However, HKEJ may in its own discretion and at any time modify or revise the Terms and Conditions pursuant to clause 5 herein.
BY COMPLETING THE MEMBERSHIP REGISTRATION OR SUBSCRIPTION PROCESS AND CLICKING THE “我接受” BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS MEMBERSHIP OR SUBSCRIPTION AGREEMENT.
DESCRIPTION OF MEMBERSHIP OR SUBSCRIBED SERVICES
HKEJ shall provide Membership or Subscribed Services respectively through HKEJ Digital Platforms to Member or Subscriber by way of internet or other electronic devices. Subscriber shall ensure and be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment or instruments needed for access to and use of Membership Services or Subscribed Services and all charges and expenses related thereto. The right to use the Membership Services or Subscribed Services is personal to Member or Subscriber and shall not be transferable to or shared with another person or entity. Each Subscriber account can only access through 3 personal devices (such as PC, mobile, tablets etc), Subscriber can amend the devices setting through the channels provided by HKEJ. HKEJ reserves the right whether to accept Subscriber’s amendment and/or frequency and way of changes.
PAYMENT AND OTHER OBLIGATIONS OF SUBSCRIBER (FOR SUBSCRIBER ONLY)
The Subscribed Services is only available to the paid Subscriber who may be individual or corporate for personal use and shall not be transferable to or shared with another person or entity. In consideration of HKEJ's provision of Subscribed Services, Subscriber agrees and undertakes (a) to pay all the services charges for Subscribed Services as imposed by HKEJ from time to time and when due; (b) to provide accurate and complete personal information of Subscriber as required by HKEJ; and (c) to maintain the said personal information updated complete and accurate and if necessary to have the same updated.
If Subscriber provides wrong, inaccurate, outdated, incomplete or misleading information or if HKEJ has reason to suspect the same to be wrong, inaccurate, outdated, incomplete or misleading, HKEJ has the right to refuse applications for Subscribed Services or to suspend or discontinue or terminate Subscribed Services without notice or incurring any liability towards Subscriber or any persons and the paid service charges will not be refunded.
Subscriber shall also pay the said service charges when they are due and payable from time to time by cash, cheque or credit card. Subscriber hereby authorizes HKEJ to debit his credit card as provided by Subscriber at his initial subscription for settlement of the said subsequent service charges which are due from time to time and agrees to complete or execute all necessary documents to effect such auto settlement. Subscriber also agrees all service charges or any part thereof paid shall not be refundable for any reasons whatsoever.
As a condition of Member's use of Member Services, Member agrees to provide correct, complete information of Member as required by HKEJ and is under a duty to maintain and update the said personal information in order to ensure its accuracy completeness and update. If Member provides wrong, inaccurate, outdated, incomplete or misleading information or if HKEJ has reason to suspect the same to be wrong, inaccurate, outdated, incomplete or misleading, HKEJ has the right to refuse application for Membership Services or to suspend or discontinue or terminate the Membership Services without notice or incurring any liability towards Member or any persons.
信報有權隨時修改會員或訂閱條款包括但不限於更改訂閱費用等。此類修改、增加或刪除條款項目於www.hkej.com或其他信報認為會員或訂戶可知悉的通訊方式並以公布時即時生效。當會員或訂戶繼續使用信報數碼平台的會員服務或訂閱服務時即代表會員或訂戶(i) 已獲悉此修改、增加或刪除的條款; 及 (ii) 接受及同意遵守該更新或修訂。
MODIFCATIONS TO THE TERMS AND CONDITIONS
HKEJ may change amend or revise the Terms and Conditions from time to time including but not limited to amendment to the said service charges. Such changes, additions or deletions shall be effective immediately upon the giving of notice by HKEJ by whatever means that HKEJ may think fit including but not limited to posting on www.hkej.com, or by any other communication means by which Member or Subscriber may have notice thereof. Any use of Membership Services or Subscribed Services by Member or Subscriber after such notice shall be deemed to constitute acceptance by Member or Subscriber of such changes additions or deletions. Member’s or Subscriber's continued use of Membership Services or Subscribed Services constitutes affirmative : (i) acknowledgement by Member or Subscriber of the Terms and Conditions and its changes additions or deletions and (ii) agreement by Member or Subscriber to abide and be bound by the Terms and Conditions and its changes additions or deletions.
- a. 改變、暫時停止及 /或終止會員服務或訂閱服務之全部或任何部份；
- b. 在任何時間暫停會員服務或訂閱服務之全部或任何部份以便進行系統維護、提升、測試及 /或修理；
- c. 若信報認為會員或訂戶的行為違反本會員或訂閱協議的條款及條件，或認為在合適、適當或必須的情況下，信報可限制或暫停會員或訂戶的部分或全部連接或使用會員服務或訂閱服務。
訂戶確認信報在行使此條款的權利時不需向會員或訂戶或第三者承擔任何責任，唯條款4, 5, 8-13 及15-17 及其他適用之條款在修訂、更改暫停或終止後仍有效。
MODIFICATION SUSPENSION OR TERMINATION OF MEMBERSHIP SERVICES OR SUBSCRIBED SERVICES
HKEJ may without giving any prior notice to Member or Subscriber :-
- i. modify suspend and/or terminate any or all of Membership Services or Subscribed Services;
- ii. deactivate any or all of Membership Services or Subscribed Services in order to carry out system maintenance, upgrading testing and/or repairs;
- iii. restrict or suspend use and access by Member or Subscriber to any or all of the Membership Services or Subscribed Services in the circumstances that HKEJ is of opinion that Member or Subscriber has been in breach of any of the Terms and Conditions or such action is found by HKEJ appropriate desirable or necessary.
Member or Subscriber acknowledges and agrees that HKEJ shall not be liable to Member or Subscriber or any third party but Clauses 4, 5, 8-13 and 15-17 and other applicable Terms and Conditions shall survive the modification suspension or termination of Membership Services or Subscribed Services.
Subscriber has no right to modify or early terminate Subscribed Services.
MEMBER OR SUBSCRIBER LOGIN NAME, PASSWORD, AND
Member or Subscriber must retain his Member or Subscriber Login Name and password for access to
his account. Member or Subscriber is entirely
responsible for maintaining the confidentiality of
his login name, password and any other information
of his account. Member or Subscriber is also
entirely responsible for any and all activities
and conducts that occur under his account. Member
or Subscriber may change his password at any time.
Member or Subscriber agrees to immediately notify
HKEJ of any unauthorized use of his account or any
other breach of security known to Member or
Subscriber. For better security, HKEJ highly recommends you to change your password regularly. If Member or Subscriber wants to change his contact e-mail, please click into “My Profile Setting” of www.hkej.com to update the “Contact E-mail” information.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
For more information, please refer to the Disclaimer of Warranties and Limitation of Liabilities of HKEJ.
PROHIBITION AGAINST TRANSFER OR COMMERCIAL USE OF MEMBERSHIP SERVICES OR SUBSCRIBED SERVICES
Membership Services or Subscribed Services are limited for personal use by Member or Subscriber. Save with the HKEJ's prior written consent, Member or Subscriber shall not copy duplicate transfer or assign or sell or make or cause commercial use of Membership Services or Subscribed Services or the contents thereof. HKEJ reserves the right to terminate this Membership or Subscription Agreement forthwith without notice should Member or Subscriber be in breach of this clause.
- i. 透過信報數碼平台之會員服務或訂閱服務進行問卷調查、比賽、傳銷、連鎖信件、廣告信函、濫發郵件或傳播任何含有商業性質之資訊；
- ii. 誹謗、毀謗、騷擾、追蹤及威脅或侵犯他人法律賦予之權利例如私隱權及破壞聲譽；
- iii. 製造及散播不適當、濫用、誹謗、侵犯他人、猥褻、不道德、種族及性別歧視或含有非法成份之資訊；
- iv. 宣傳、銷售或買賣任何服務或貨品作非個人用途；
- v. 沒有他人的同意收集他人的個人資料及電郵地址；
- vi. 偽造身份傳播訊息；
- vii. 傳送或上載任何含有病毒、計時炸彈、有害或對他人構成干擾的程式；
- viii. 傳送或上載任何違反知識產權、他人私隱或聲譽之資訊，及發放任何因法律或契約或信任關係得知而無權傳送、公開之資訊；
- ix. 干擾或破壞聯繫提供服務的網絡，影響網絡的正常運作；
- x. 企圖以未經授權的身份使用服務、他人戶口、聯繫至伺服器的電腦或網絡；
- xi. 干擾其他訂戶或會員享用信報數碼平台提供的服務或其他人仕或團體享用類似的服務；及
- xii. 竄改任何 信報數碼平台 所載之內容。
MEMBER’S OR SUBSCRIBER'S CONDUCT
Member or Subscriber shall be solely responsible for the contents of his transmissions through the Membership Services or Subscribed Services. Member or Subscriber represents and warrants to HKEJ that Member or Subscriber will not use the Membership Services or Subscribed Services for any purpose that is unlawful or improper and shall use Membership Services or Subscribed Services in compliance with all applicable local and international laws rules and regulations.
Member or Subscriber agrees and undertakes not to do anything which is illegal or improper including but not limited to the following:-
- i. use Membership Services or Subscribed Services in connection with surveys, contests, pyramid schemes, chain letters, advertising promotion, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- ii. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- iii. publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent race and sex discriminating or unlawful material or information;
- iv. advertise or offer to sell or buy any goods or services for any non-personal purpose;
- v. collect personal information and email address of other persons, without their consent;
- vi. create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
- vii. transmit or upload any material that contains viruses, time bombs, or any other harmful or deleterious programs;
- viii. transmit or upload any material that contains software or other materials protected by intellectual property laws, rights of privacy or publicity or any other applicable law and transmit and send any material or information that was received as a result of any contracts or trust unless Member or Subscriber owns or controls the rights thereto or has received all necessary consents;
- ix. interfere with or disrupt networks connected to Membership Services or Subscribed Services or violate the regulations, policies or procedures of such networks;
- x. attempt to gain unauthorized access to Membership Service or Subscribed Services, other accounts, computer systems or networks connected to Membership Services or Subscribed Services, through password mining or any other means;
- xi. interfere with use and enjoyment of Membership Services or Subscribed Services by HKEJ’s other Subscribers or Members or another individual's or entity's use and enjoyment of similar services; and
- xii. amend change or edit any or all of the contents at HKEJ Digital Platforms.
HKEJ has the right without notice to immediately suspend or terminate Membership Services or Subscribed Services should Member or Subscriber fail to conform any of the above terms.
HKEJ has no obligation to monitor the services or activities at HKEJ Digital Platforms or any user's conducts thereof or retain the contents of any user session. However, HKEJ reserves the right at all times to monitor, review, retain and / or disclose any information as necessary to comply with any applicable law, regulations legal process or relevant authorities’ request.
Member or Subscriber shall indemnify and hold HKEJ, its parent companies, subsidiaries, affiliates, officers, agents, employees, contractors, advertisers or other persons or entities whosoever indemnified against any claims losses damages (actual and consequential), suits, judgments, litigation costs and liabilities or expenses whatsoever in nature made by any third party due to or arising out of Member’s or Subscriber's use of Membership Services or Subscribed Services, the violation of Terms and Conditions by Member or Subscriber, use of Member’s or Subscriber’s computer by Member or Subscriber or other persons resulting in infringement of any intellectual rights and other rights of any person or entity.
HKEJ may send emails or through www.hkej.com inform Member or Subscriber of all matters relating to Member or Subscriber. Notice to HKEJ shall be in writing and shall be made by email or by post.
- i. 會員或訂戶必須認明由廣告贊助商、信報數碼平台之廣告商、內容提供者經信報數碼平台所提供之內容，包括︰文字、檔案、音樂、聲音檔案、相片、影片、圖案或廣告內容只限會員或訂戶於網上瀏覽，並受版權、商標、專利權或其他知識產權法例保障。會員或訂戶下載受知識產權保障之內容只限私人或非商業用途，未經信報同意，不得翻印、複製、散播或製造由下載內容而衍生的作品。
- ii. 信報就會員或訂戶經信報數碼平台提交、張貼或陳列之內容不提出任何知識產權之擁有權或控制權。會員或訂戶保證有權或授權可提交、張貼或陳列之內容 (包括資訊、資料、文字、軟件、音樂、音訊、照片、圖形、視訊、信息或其他資料（“內容”)予信報數碼平台。 會員或訂戶或第三者 (如適用)保留經信報數碼平台提交、張貼或陳列內容的知識產權，並需自行負責保障該知識產權之利益。另會員或訂戶經信報數碼平台提交、張貼或陳列之內容而引致其他訂戶或會員得到享用則被視為該會員或訂戶授予信報全球性、非唯一、免責之許可複製、刊登發放該內容。信報特此保留拒絕接納、張貼或陳列或傳送任何內容之權利。
- iii. 會員或訂戶不得引用、傳送、上載或張貼未經版權擁有人授權之內容。 信報無法控制經由信報數碼平台而張貼之內容，因此不保証有關內容之正確性、完整性或品質，有關會員或訂戶，作為內容提供者，必須為引用、上載或張貼有關內容負完全的責任。
INTELLECTUAL PROPERTY RIGHTS
- i. Member or Subscriber acknowledges that the content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to Member or Subscriber by Membership Services or Subscribed Services, HKEJ's Advertisers or content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; Member or Subscriber may make a copy of the content for Member’s or Subscriber's sole personal, non-commercial use only, but shall keep all copyright and other proprietary notices intact. Member or Subscriber may not copy, reproduce, distribute, or create derivative works from the content without expressly being authorized to do so by HKEJ or the Advertisers or the content provider.
- ii. HKEJ claims no ownership or control over any content submitted posted or displayed by Member or Subscriber on or through www.hkej.com. Member or Subscriber represents and warrants that he has all the rights powers and authority to submit post or display the content (including information data text software music sound photographs video graphics or any other contents) (“the Content”) on or through HKEJ Digital Platforms. Member or Subscriber and the Third Party (if applicable) retains all intellectual property rights to the Content so submitted, posted or displayed on or through HKEJ Digital Platforms and shall be responsible for protecting those rights. By submitting, posting or displaying the Content on or through HKEJ Digital Platforms which are intended to be available to the other Subscribers or Members or the public, Member or Subscriber grants HKEJ a worldwide, non-exclusive, royalty free licence to reproduce publish and distribute the Content on HKEJ Digital Platforms. HKEJ further reserves its right to refuse to accept, post, display or transmit any Content at its sole discretion.
- iii. Member or Subscriber shall not without necessary authority or consent quote, transmit, upload, or post any of the Content. HKEJ cannot control the Content and does not guarantee the accuracy, integrity and quality of the Content. Member or Subscriber, as the provider of the Content, is to take full responsibility for the Content so quoted uploaded or posted.
CHOICE OF LAWS AND JURISDICTION
This Membership or Subscription Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong").
Member or Subscriber and HKEJ agree to submit to the exclusive jurisdiction of courts of Hong Kong. In case there arises discrepancy in Chinese and English versions of the Terms and Conditions, the English version shall prevail.
WAIVER AND SEVERABILITY OF THE TERMS AND
HKEJ's failure to exercise or enforce any right or provision of this Membership or Subscription Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by HKEJ in writing.
If any provision(s) of this Membership or Subscription Agreement is found by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as much as possible, to give effect to the intentions of the parties as reflected in such provision(s) with the other provisions remaining in full force and effect.