Subscription Agreement (the “Agreement”)

The Agreement
The subscriber agrees to subscribe the service provided by ECREDIT MANAGEMENT LIMITED (‘eCML”) under the following Terms and Conditions (the “Terms and Conditions”) and Supplementary Terms and Conditions (the “Supplementary Terms and Conditions”)
Service Details
eCML provides a database (“Court Leads”) on web basis through the portal under the website : http://www.creditcheck.com.hk or http://www.creditcheck.hk (the “Portal”) for the Subscriber to conduct online search on the Court Lead maintained and kept by eCML (the “Service”).
Terms And Conditions

  1. The Subscriber has read and agreed that the Supplementary Terms and Conditions listed hereunder are made as an integral part of this Agreement.

  2. The Subscriber declares that the Subscriber’s particulars provided to eCML are true and accurate in each and every respect.

  3. The Subscriber agrees to pay a subscription fee (the “Subscription Fee”) regardless whether the Subscriber has made any check from the Portal or used the Service or not.

  4. All payments to eCML are made in advance of the Service provided.

  5. The Subscriber agrees that the Subscription Fee is payable to eCML on or before the Service Commencement Date.

  6. The Subscriber agrees that all Subscription Fee(s) paid to eCML or its associates is/are not refundable.

  7. The maximum validity of each check is THREE (3) months.

  8. This Terms and Conditions form an integral part of the entire Subscription Agreement (the "Agreement").

  9. This Agreement shall be governed by the laws and subject to the exclusive jurisdiction of the Hong Kong Special Administrative Region.
SUPPLEMENTARY TERMS AND CONDITIONS

  1. This Supplementary Terms and Conditions forms an integral part of the Agreement.

  2. All information (the “Information”) obtained from the Portal is licensed to the Subscriber by eCML pursuant to the Terms and Conditions of this Agreement and is for the exclusive use of the Subscriber.  It is expressly prohibited to use such Information in any unfair, deceptive, and any other unlawful purpose.

  3. The Information obtained by the Subscriber shall be held in strict confidence and shall never be reproduced, revealed, or made accessible in whole or in part, in any manner whatsoever, to any third party unless required by law, or eCML’s written consent. 

  4. Subject to Clause 3 of the Supplementary Terms and Conditions, the Subscriber may reveal to the Subject of the Information that eCML is a source of information about the Subject and refer the said Subject to eCML for the purpose of reviewing and verifying such Information with eCML. 

  5. None of the Information may be used to create the whole or any part of any mailing list, telemarketing list, other marketing or research aid or other data compilation which is to be sold or otherwise provided to any third party.  

  6. Save and without prejudice to Clause 3 of this Supplementary Terms and Conditions, if the Subscriber is a lawyer of a law firm, he/she may disclose such information to his/her client(s) for the purpose of legal professional usage but he/she must ensure that the Information shall not be directly used or produced in any court proceedings and be protected by legal professional privilege. 

  7. The Subscriber accepts and acknowledges that eCML does not and cannot guarantee or warrant the correctness, completeness or currentness of the information.  The Subscriber also agrees and acknowledges that every business decision to some degree or another, represents the assumption of risk and that eCML, in furnishing such information, does not and cannot underwrite or assume the Subscriber’s risk, in any manner whatsoever.  The Subscriber therefore agrees that eCML shall not be liable to the Subscriber for any loss, damage or injury arising out of or caused, in whole or in part, by eCML’s negligent or other acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the Information or otherwise in performing this Agreement.

  8. The Subscriber agrees that eCML shall not be liable for special, incidental, exemplary, or consequential damages (including loss of profits) incurred by the Subscriber in, directly or indirectly, using the Information so provided by eCML under this Agreement.   

  9. If, notwithstanding the foregoing, liability can be imposed on eCML, then the Subscriber agrees that eCML’s aggregate liability for any and all losses or injuries to the Subscriber arising out of any negligent or other acts or omissions of eCML in connection with anything to be done or furnished hereunder, regardless of the cause of the loss or injury and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed the amount paid during the term of this Agreement by the Subscriber for the information licensed hereunder or HK$500 whichever the lesser, and the Subscriber covenants and promises that it shall not sue eCML for any greater amount.

  10. The Subscriber agrees that eCML may revise its tariff charges at its discretion without notice. 

  11. Except as otherwise stated or required by law, neither eCML nor any of its trade names, trademarks, or service marks may be used for any purpose as the identification of the Subscriber’s source of reference.

  12. The Subscriber acknowledges that the Information licensed by eCML is proprietary to eCML and comprises: (a) works of original authorship, including compiled information containing eCML's selection, arrangement, and coordination and expression of such information or pre-existing material it has created, gathered, or assembled, (b) confidential and trade secret information, and (c) information that has been created, developed, and maintained by eCML at great expense of time and money such that misappropriation or unauthorized use by others for commercial gain would unfairly and irreparably harm eCML.  The Subscriber shall not commit or permit any act or omission that would impair eCML's proprietary and intellectual property rights in the information licensed by eCML.  Subject to Clause 3 of this Supplementary Terms and Conditions, the Subscriber shall reproduce eCML’s copyright notice and proprietary rights legend on all authorized copies of such Information.

  13. eCML may terminate this Agreement at any time and without prior notice in the event of a breach thereof by the Subscriber, and otherwise upon 14 days’ written notice.  If there is any remaining balance of units of service, the Subscriber shall not have any refund but shall be allowed to use such within two months from the date of termination of this Agreement and at the expiry of such two-month period, the Subscriber’s rights to use such service units will automatically be void.

  14. The Subscriber agrees to pay eCML, in advance, according to the payment option selected.  If any payment is not made when due, then the entire amount shall immediately become due and payable upon notice.  A late payment charge of 3% per month or the highest lawful rate may be applied to the outstanding balance until paid.  eCML may suspend services if any payment is not paid when due.

  15. The Subscriber agrees to pay/compensate eCML for any costs and/or expenses (legal and otherwise) incurred in the enforcement of eCML's rights and recovery of any outstanding payment and related interest. Such cost(s) will be amounted to a maximum of 45% of the total outstanding payment, its related interest and other costs so incurred in such recovery of the outstanding payment(s).

  16. The Subscriber agrees to comply with all regulations stipulated under the Personal Data (Privacy) Ordinance, Cap 486, and any applicable privacy, data protection, or other requirements imposed by the Laws of Hong Kong Special Administrative Region and any other foreign laws when such information obtained from eCML is used by the Subscriber in such and respective jurisdictions.

  17. The Subscriber agrees that eCML may revise this Supplementary Terms and Conditions from time to time at the sole discretion of eCML without notice.

  18. The Subscriber expressly agrees that should there be any conflict in interpretation of any clause under this Supplementary Terms and Conditions and/or the Agreement, the interpretation given by the eCML shall prevail and shall be final.

  19. The Subscriber hereby gives express consent that eCML could use the name of the Subscriber in eCML’s business marketing material unless the Subscriber has given express written notice to eCML to the contrary within seven (7) days of the commencement of this Agreement.

  20. If there is conflict in the Chinese and English version of this Supplementary Terms and Conditions and/or the entire Agreement, the interpretation under the English version shall prevail.