TERMS & CONDITIONS
  

 

YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE e-Account SERVICES (“THE SERVICES”) PROVIDED BY TAI SHING STOCK.  BY REGISTERING TO USE THE SERVICES, YOU SHALL BE DEEMED TO HAVE ACCEPTED AND BE BOUND BY ALL THESE TERMS AND CONDITIONS.

 

1.      Services

Tai Shing Stock Investment Company Limited (the "Company") shall provide subject to these Terms and Conditions online account enquiry services, e-Statement Services and other facilities from time to time (the "Services") through any Internet site established, operated and/or maintained by the Company ("Internet Site") to enable customers to check daily transactions, stock balance, account balance and the Company news.  The Company has the right to determine and vary from time to time the scope and type of the Services to be made available including, without limitation: 

i.                    expanding, modifying or reducing the Services at any time;

ii.                  imposing and varying any restrictions on the use of the Services; and

iii.                prescribing and changing the normal service hours during which the  Services are available and any daily release/update time for any type of   Services.

 

2.      Computer System Requirement

a.         Web Browsers compatibility

For optimal compatibility with Tai Shing e-Account, please ensure your computer has Internet access and be installed with an exact or later version of these web browsers:

  • - Google Chrome version 60 or above
  • - IE version 11 or above or Edge
  • - Firefox version 48 or above
  • - Safari version 11 or above

b.         Adobe Acrobat Reader

To view and print your e-Statement, Adobe Acrobat Reader version 9 or above is required,

– please download a free copy from http://get.adobe.com/reader.

– Asian and Extended Language Font Packs for Adobe Reader can be downloaded from http://www.adobe.com/products/acrobat/acrrasianfontpack.html

i.                Select Adobe Reader Version (Adobe Reader version 6.0.1 or above)

ii.              Select Language (Chinese Traditional)

iii.            Choose a Platform

iv.            Click "Download" button to start downloading the font

c.         Security

To protect your computer against viruses and spyware threats, you should have anti-virus software installed on your computer which should be updated on a regular basis with the latest "virus definition" files.

d.        Accessibility

Some pop-up blocker and firewall programs may prevent access to the e-Statement PDFs. You may need to disable certain features of these programs in order to access your e-Statements.

 

3.      Use of the Services

a.         To access the Services for the first time, the Customer is required to register by fax or in such other manner as the Company may from time to time specify and indicate his/her acceptance of all the terms and conditions governing the use of the Services and to provide such information as the Company may reasonably specify for identifying him/her.

b.         The Services are for the sole and exclusive use by the Customer.

c.         The Customer shall not use or knowingly allow any other person to use the Services, the Information and/or the Reports for or in connection with any illegal purpose or activity. The Customer shall notify the Company as soon as practicable if he becomes aware of such use.

d.        The Customer acknowledges that there may be a time lag in transmission of information or communication via the Internet.

e.         Information relating to any account or transaction made available on the Internet Site(s) are for reference only. The Company's statement records of such account and transaction shall be conclusive unless and until the contrary is established.

f.          Email will be the Customer’s only notice that trade documents have been posted on the Company’s website, and the Customer should check the Customer’s designated email address regularly for such notice.

 

4.      User ID and Password

a.         The Customer shall follow the guidance provided by the Company on-line in designating the user identification code (the "User ID") and the password (the "Password") for identifying the Customer for the purposes of the Services.

b.         The Customer may change the Password at any time but any change shall be effective only if accepted by the Company. The User ID cannot be changed by the Customer unless with the agreement of the Company.

c.         The Customer shall act in good faith, exercise reasonable care and diligence in keeping the User ID and the Password in secrecy. At no time and under no circumstances shall the Customer disclose the User ID and/or the Password to any other person.

d.        The Customer shall be fully responsible for any accidental or unauthorised disclosure of the User ID and/or the Password to any other person and shall bear the risks of the User ID and/or the Password being used by unauthorised persons or for unauthorised purposes.

e.         Upon notice or suspicion of the User ID and/or the Password being disclosed   to any unauthorised person or any unauthorised use of the Services being made, the Customer shall notify the Company in person as soon as practicable or by telephone at such telephone number(s) as the Company may from time to time prescribe (and the Company may ask the Customer to confirm in writing any details given) and, until the Company's actual receipt of such notification, the Customer shall remain responsible for any and all use of the Services by unauthorised persons or for unauthorised purposes.

 

5.      Fees

a.         The Services are free of charge, the Company reserves the right to charge fees in relation to the use and/or termination of the Services and to revise such fees.

b.         The Customer may be required to pay a reasonable charge for obtaining a hard copy of any trade document that is no longer available for access and downloading through the Company’s website.

c.         The Company shall determine and give reasonable notice to the Customer of the rate of any fee from time to time before they become effective which shall be binding on the Customer if the Customer continues to maintain or use the Services after the effective date. Fees may be collected from the Customer in such manner and at such intervals as the Company may specify.

 

6.      Customer's Undertakings and Responsibilities

The Customer shall not, and shall not attempt to decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with, or gain access to, any part of the Services or any Internet Site or any software comprised in them.

 

7.      Intellectual Property, Information and Information Providers

a.         The Customer acknowledges and agrees that the Services, the Information, the Reports and their form, format, mode or method of compilation, selection, configuration, presentation and expression (collectively "Confidential Information") are trade secrets and confidential and proprietary property of the Company.

b.         Unless expressly permitted by these Terms and Conditions, the Customer shall not, and shall not attempt to : -

i.          sell, transfer, disclose, assign, convey, lease, sub-license, share, loan, distribute, transmit, broadcast, cablecast, put in circulation, download,  reproduce, duplicate or otherwise provide or disseminate any  Confidential Information in any form or by any means to any other  person or commercially exploit any Confidential Information;

ii.                  remove, obliterate, erase, relocate or modify in any way any proprietary  marking on or appearing with the Confidential Information including, without limitation, any trademark or copyright notice; or

iii.                incorporate or combine the Confidential Information with any other   programmes.

c.         The restrictions on disclosure shall not apply to any Confidential Information:

i.                    where its disclosure is compelled by law but only to the extent required by law and only after written notice of the requirement to disclose has been given by the Customer to the Company; and/or

ii.               where the Company has expressly agreed in writing to its disclosure.

d.        The Customer agrees that all right, title and interest in and relating to the Confidential Information and any and all related copyright, patent, trademark, service mark, proprietary property, trade secrets and exclusive works are and shall remain the exclusive property of the Company.  No right, title or interest other than the right to access the Services, the Information and the Reports subject to these Terms and Conditions is conveyed or transferred to the Customer. The Customer shall not make any representation or do any act which may be taken to indicate that the Customer has any such right, title or interest.

e.         The Company may impose from time to time terms and conditions in relation to the availability of any Information supplied by it. Access to such Information by the Customer on or after the effective date, subject to prior notification, of such terms and conditions shall constitute the Customer's acceptance thereof.

f.          The Information and the Reports are made available for reference only and are not intended for trading or other purposes.

g.         The Company does not warrant, represent or guarantee the sequence, accuracy, truth, reliability, adequacy, timeliness or completeness of any of the Information or the Reports or whether it is fit for any purpose. Nor does either of them assume any liability (whether in tort or contract or otherwise) for any reliance on the Information or the Reports by the Customer or any other person.

h.         No warranty, representation or guarantee of any kind relating to the Services, the Information and/or the Reports is given or may be implied and no employee or agent of the Company is authorised to give any such warranty, representation or guarantee.

 

8.      Liabilities of the Company

a.         The Company does not warrant or represent that the Services, the Information and the Reports are free from virus or other destructive features which may adversely affect the Customer's hardware, software or equipment.

b.         Unless due to the gross negligence or wilful default of the Company or her respective officers or employees and only to the extent of direct and reasonably foreseeable loss and damage (if any) arising directly and solely therefrom, the Company does not assume any liability or responsibility to the Customer or any other person for the consequences arising from or in connection with : -

                             i.               use of the Services and/or access to any information as a result of such use by the Customer or any other person whether or not authorised;

                           ii.               any interruption, interception, suspension, delay, loss, unavailability, mutilation or other failure in providing the Services or in connecting with the Internet Site(s) caused by any acts, omissions or circumstances beyond the reasonable control of the Company including, without limitation, failure of any communication network, act or omission of any third party service providers, 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); and

                         iii.               transmission and/or storage of any information and/or data relating to the Customer, the Services and/or transactions or dealings conducted by the Customer pursuant to the Services through or in any system, equipment or instrument of any communication network provider.

c.         In no event will the Company be liable to the Customer or any other person for any incidental, indirect, special, consequential or exemplary damages.

 

9.      Liabilities of the Customer

a.         The Customer shall be fully liable and responsible for all consequences arising from or in connection with use of the Services and/or access to any Information or Report or any other information as a result of such use by the Customer or any other person whether or not authorised.

b.         The Customer shall indemnify the Company and their respective officers and employees against all liabilities, claims, demand, losses, damages, costs, charges and expenses of any kind (including, without limitation, legal fees on a full indemnity basis) which may be incurred by any of them and all actions or proceedings which may be brought by or against any of them in connection with the provision of the Services, the Information and/or the Reports or the exercise or preservation of the Company's powers and rights under these Terms and Conditions, unless due to the gross negligence or wilful default of the Company or her respective officers or employees.

c.         The Customer shall inform the Company as soon as practicable upon a change in the designated email address.

d.        The Customer shall promptly review the trade documents posted on the Company’s website upon receiving the notice from the Company to ensure that any errors are detected and reported to the Company as soon as practicable

e.         The Customer shall save an electronic copy in the Customer’s own computer storage or print a hard copy of the trade documents for future reference.

 

10.  Variation and Termination

a.         The Company may, at any time, without giving notice or reason suspend or terminate all or any of the Services or their use by the Customer.

b.         The Customer may terminate the use of the Services at any time by giving to the Company not less than 5 working days' prior written notice.

c.         All provisions of these Terms and Conditions which in order to give effect to their meaning need to survive the suspension or termination of the Services and/or the use of the Services by the Customer shall remain in full force and effect after suspension or termination. Notwithstanding such suspension or termination, the Customer shall continue to be bound by these Terms and Conditions to the extent that they relate to any obligations or liabilities of the Customer which remain to be performed or discharged.

11.  Amendments

The Company may revise these Terms and Conditions and/or introduce additional terms and conditions at any time and from time to time. Any revision and/or addition to these Terms and Conditions shall become effective subject to the Company giving reasonable notice to the Customer which may be given by posting it on the Internet Site(s) or by display, advertisement or other means as the Company thinks fit, and shall be binding on the Customer if the Customer continues to maintain or use the Services on or after the effective date of variation.

 

12.  Severability

Each of the provisions of these Terms and Conditions is severable and distinct from the others and, if at any time one or more of such provisions is or becomes illegal, invalid or unenforceable in any respect under the laws of any jurisdiction, the legality, validity or enforceability of the remaining provisions shall not be affected in any way.

 

13.  Waiver

No act, delay or omission by the Company shall affect its rights, powers and remedies under these Terms and Conditions or any further or other exercise of such rights, powers or remedies. The rights and remedies under these Terms and Conditions are cumulative and not exclusive of the rights and remedies provided by law.

 

14.  Miscellaneous

a.         Where the account in question is a joint account, the reference in these Terms and Conditions to Customer shall be deemed to mean all and each of the joint account holders. All the Customers shall be bound by these Terms and Conditions and be jointly and severally liable for using the Services.

b.         Unless the context otherwise requires, person includes an individual, firm, company, corporation and an unincorporated body of persons.

 

15.  Governing Law and Jurisdiction

a.         The Services and these Terms and Conditions shall be governed by and construed in accordance with the laws of the HKSAR.

b.         Each of the Company and the Customer submits to the non-exclusive jurisdiction of the Courts of the HKSAR but these Terms and Conditions may be enforced in the Courts of any competent jurisdiction.

 

16.  Governing Version

The English version of these Terms and Conditions shall prevail wherever there is a discrepancy between the English version and the Chinese version.

 

Important Message To Readers

©Tai Shing Stock Investment Company Limited