Daily Credit Management Limited Service Agreement
Daily Credit Management Ltd (DCM) and their Member(s) hereby (as hereinafter define) agree as follows:-
1. Definition
i) In this Agreement (including the Schedule hereto), save where the context otherwise requires, the following expressions shall have the following respective meanings:-
Affiliates means any person or corporation who assists DCM in obtaining information for the purpose of preparing a report(s) and/or provides information to be included in the database or from whom DCM may obtain information.
DCM means Daily Credit Management Limited of Suite 2203-05, 22/F, 148 Electric Road, North Point, Hong Kong.
Database means a collection of data comprising information (including but not limited to public information) contained within the computer database of DCM.
Data subject means the data contained in the database which relate to any company or individual who can be identified from those data.
Fee Schedule means the fees chargeable by DCM as set out in the Schedule hereto.
Member means any person (a) who has completed the Service Subscription Form and agreed to be bound by the terms and conditions of this Agreement; and (b) a Member’s account and password are allocated to him by DCM.
Member's affiliates means Member's parent company or subsidiary or any company directly or indirectly owned by Member; if Member is an individual, affiliates means relatives of that individual.
Personal data means personally identifying information or sensitive data (including but not limited to names, addresses, occupations, contacts, other personal details etc)
Services means credit information services now carried on by DCM in Hong Kong which include providing information and/or reports obtained by DCM from various sources which DCM consider reliable.
Subscriber means any person who has applied for DCM services but before a Member’s account and password are allocated to him by DCM.
Website means the private website www.dcm.com.hk offered by DCM to their Members
ii) All reference to “this Agreement” shall be construed as references to this Agreement and the Schedule thereto, and references to clauses, paragraphs and schedule are to clauses, paragraphs and schedule of and to this Agreement.
iii) In this Agreement, words importing the singular shall include the plural and vice versa; words importing the masculine, feminine or neuter gender shall include the others of them; words importing persons shall include companies and corporation and vice versa.
iv) Reference to statutory provisions shall be construed as reference to those provisions as respectively amended or re-enacted from time to time and any subordinate legislation made under such provisions.
v) The clause headings in this Agreement are inserted for convenience and ease of reference only and shall be ignored in the construction of and interpretation of this Agreement.
2. Subscription of DCM Services
Subscriber may subscribe DCM services by one of the following two methods:-
-
i) By completing the Service Subscription Form
of this website, and reading through the terms and conditions of
this DCM Service Agreement (this Agreement) of this website and
clicking “I AGREE” at the bottom of this Agreement to acknowledge
that you have read and understood and agree to be bound by this
Agreement; or
ii) By downloading the Service Subscription Form and the terms and conditions of this Agreement, followed by filling in the Subscription Form and signing and returning this Agreement to DCM.
For the avoidance of doubt, submission of Service Subscription Form shall not amount to acceptance of Subscriber’s subscription. Subscriber shall not become a DCM Member unless and until a cheque in payment of the subscription fee is cleared by DCM or documentary proof of payment of the subscription fees is provided to DCM by Member and a Member’s account and a password are allocated to Subscriber.
Notwithstanding the subscription, DCM reserve their rights to accept, reject, suspend or terminate the application or subscription at any time without giving any reasons.
3. Copyright
The software, used for the purpose of facilitating Member’s search for the information contained in the database, is protected by copyright. Member agrees and undertakes not to copy, adapt, reverse-engineer, decompile, disassemble or reveal the programme.
The data and database itself which contains a collection of data (including but not limited to public information) are also protected by copyright. Member also agrees and undertakes not to make unauthorized extraction or reutilization of the contents thereof whether or not for consideration or otherwise whatsoever.
Member hereby agrees and acknowledge that DCM is entitled at their sole discretion to install any mechanism to monitor the use of the Website by member and/or other persons.
4. Member’s Rights Obligation and Restriction
i) Member is provided with access to DCM services for reference only. Member is only allowed to copy or download the materials provided herein only for lawful private and non-commercial use only.
ii) Member shall keep the confidentiality of his password and account and undertake not to disclose the same to anyone for accessing or using DCM services or allow anyone other than the Member himself to access or use DCM services.
iii) Member shall ensure to keep the details in the Subscription Form true and accurate at all times. Member shall notify DCM in writing of any change to the details as originally supplied.
iv) Member agrees not to add, alter, remove or otherwise tamper with any report(s) prepared by DCM or any information contained within this website or the database.
v) Without DCM’s written authorisation, Member agrees not to distribute, publish, re-transmit, broadcast, on-sell, reproduce or otherwise making any reports prepared by DCM and/or any information contained in or obtained from this website available to any other person.
vi) Member agrees not to use the report(s) and/or information to defame, harass, or threaten any person thus violating the laws of Hong Kong or of any other places where the report(s) and/or information may be used.
vii) Without the prior written approval of DCM, Member shall not assign or transfer any rights, obligations, duties or liabilities under this Agreement to Member’s affiliates or any other person.
viii) Member agrees to undertake not to make any claim against DCM for any losses or expenses that Member may suffer or incur either directly or indirectly as a result of or otherwise in connection with any error, delay, omission, incompleteness or inaccuracy in the report(s) and/or information provided by DCM or the transmission of the enquiries or order from Member.
ix) Member is prohibited from creating or attempting to create an electronic or other form of database by regularly or systematically downloading and storing the data contained within the DCM’ database. Member also undertakes not to hold in his possession or control of more than ten (10) percent of the data contained in DCM’ database and agree to undertake to procure his affiliate(s) to comply with such obligation.
x) Member agrees to undertake to keep confidentiality of the information and/or contents of the report(s) and shall not to disclose the same to the data subject himself or any other third party.
5. Specific Warning
i) Member agrees to ensure that Member’s access to this website is not illegal or prohibited by laws which apply to the Member.
ii) Member agrees to take his own precautions to ensure that the process which Member employs for accessing this website does not expose Member to the risk of viruses, malicious computer code or other forms of interference which may damage his own computer system.
For the avoidance of doubt, DCM shall not be responsible for any interference or damage to Member’s own computer system which arises in connection with Member’s access to or use of this website or any linked website.
6. Termination of Access
Unless it is proved to the contrary, DCM has the right to forthwith terminate suspend or block DCM services on occurrence of any of the following events:-
i) upon the expiration of Member’s subscription;
ii) if DCM believe or have reasons to believe that Member has breached any of the terms and conditions of this Agreement; or
iii) at any time without any prior written notice.
7. Disclaimer in respect of services
As a DCM Member, Member is granted a limited, non-exclusive and non-transferable licence to access and use DCM services.
The information or report(s) complied by DCM is obtained from various sources which DCM consider reliable. Such information or report(s) is for reference only and is not in the nature of advice. Unless indicated otherwise, DCM gives no warranty or guarantee that the information or report(s) is correct, complete, updated or current or that access to DCM services by Member is uninterrupted, timely or secure. Member acknowledges and confirms that the information or report(s) provided by DCM shall not be solely relied on by Member in making his business decision. Reliance on any information contained herein shall be solely at Member’s own risk and member hereby agrees to waive all or any claim (if any) against DCM. Member agrees to make his own inquiries and seek independent advice from relevant industry professional before acting or relying on any information or report(s) which is made available to Member pursuant to this Agreement.
The report(s) and/or information provided by DCM is for reference only and are compiled from the information which DCM do not control and which has not been verified unless indicated in the report. DCM shall not be responsible for any loss and/or damage whether direct, indirect, incidental or consequential, which Member may suffer in connection with his use of this website or any linked website or temporary or permanent inability to use DCM services, or suspension or termination of DCM services or any unauthorised interruption or alteration or modification of the report(s) or information during transmissions of data, nor shall DCM be responsible for any such loss and damage or injury caused by negligence or other acts of failure of DCM in procuring, collecting or communicating any information either directly or indirectly arising out of Member’s use of or reliance on the information contained within or accessed through this website.
8. Indemnification
Member agrees and undertakes to fully indemnify DCM, their parent company, subsidiary, affiliates, officers and employees, from and against all losses, damages, liabilities, costs, charges and expenses (including but not limited to legal costs on an indemnity basis) as may be sustained or incurred by DCM as a consequence of or howsoever arising from the breach of any of the terms and conditions of this Agreement by the Member.
9. Fees
i) Member agrees to be charged in accordance with the fees stated in the Fees Schedule hereto which shall be paid in advance by Member. The fees stated in the Fees Schedule shall be subject to modification by DCM from time to time upon the expiration of Member’s subscription.
ii) At any time before the expiration of this Agreement, Member may terminate DCM services by notice in writing, in which case Member shall not be entitled to a refund of the remaining balance of the unused fees for any reasons whatsoever.
iii) At any time before the expiration of this Agreement, DCM may terminate DCM services by notice in writing, in which case Member shall be entitled to a refund of the remaining balance of the unused fees calculated on a daily basis.
iv) In the event of a Member being in breach of the terms of this Agreement, DCM may forthwith determine this Agreement without a refund of the balance of the unused fees.
10. Privacy Policy
DCM shall not sell or otherwise provide Member’s personal data to any third party, or make any other use of Member’s personal data, protected under the Data Protection (Privacy) Ordinance, for any purpose which is not incidental to the use of DCM services by Member.
Notwithstanding the above, Member agrees to allow DCM to collect the details provided by Member on the Service Subscription Form and to send you information and general promotional material which DCM believe may be useful to Member at any time whether during or after the expiration of Member’s subscription.
If Member does not prefer his personal data used in this manner or for any other specific purpose, he shall notify DCM in writing. However, DCM may still use or disclose the data if:-
i) DCM subsequently notify Member of the intended use or disclosure and Member does not object to that use or disclosure;
ii) DCM believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or any agency responsible for government or public security in the performance of their functions; or
iii) DCM are required by law to disclose the data.
DCM shall make their best endeavours to keep the confidentiality of all personal data collected by DCM. However, DCM do not warrant and cannot ensure the security of any data which Member transmits to DCM.
11. Confidentiality
Member agrees and undertakes that obligations under this Clause 4 and Clause 8 shall continue in force and effect and continue thereafter to subsist for so long as may be necessary for the purpose of giving effect to the said clauses after termination of this Agreement. The Member shall keep DCM fully and effectually indemnified against any loss and damages which DCM may suffer as a result of the said breach.
12. Notice
Any notice required to be given hereunder shall be in writing and shall be deemed to have been so given if transmitted by e-mail or delivered by hand, post or facsimile transmission to the respective addressee or their last known address in Hong Kong. Any notice dispatched by post shall be deemed to have been given 48 hours after posting and in proving the giving of such notice it shall be sufficient to prove that the notice was properly addressed, stamped and posted. Any notice sent by facsimile transmission shall be deemed to have been given 24 hours after dispatch.
13. Any provision of this Agreement prohibited by or held to be unlawful or unenforceable under any applicable laws actually applied by any court of competent jurisdiction shall, to the extent required by such law, be severed from this Agreement and rendered ineffective so far as is possible without modifying the remaining provisions of this Agreement and where the provisions of any such applicable law may be waived, they are hereby waived by the parties hereto to the full extent permitted by such law to the effect that this Agreement shall be valid and binding and enforceable in accordance with its terms.
14. No provision of this Agreement may be amended, waived, discharged or terminated orally but any such amendment, waiver, discharge or termination shall only be effected by an instrument of writing signed by the party against whom enforcement of the same is sought.
15. Governing Law
These terms and conditions shall be governed by and construed in all respects in accordance with the laws of Hong Kong. You agree to submit irrevocably to the non-exclusive jurisdiction of the Courts of Hong Kong.
THE FEE SCHEDULE HEREINABOVE REFERED TO
Subscriber confirms that he has read through and understood the terms and conditions of this DCM Service Agreement and agree to be bound by the terms and conditions of this Agreement.