The Agreement I/We, the undersigned (the "Subscriber") agree to subscribe the service provided by e.CreditManagement.com Limited ("eCML") and agree to the following Terms and Conditions as set forth by eCML (the "Agreement"). Service Details eCML will provide a credit check database over the web site under the portal name of http://www.CreditCheck.com.hk for members/paid subscribers to conduct credit search on the said database maintained and kept by eCML. Terms And Conditions I/We have read and agreed the Terms and Conditions that are made a part of this agreement. I/We declare that the information given above is true and accurate in each and every respect. I/We agree to pay a minimum monthly subscription fee in accordance with eCML's current price list regardless whether I/we make any checks or not. I/We agree to pay an additional fee per check unit on any subsequent checks made in excess of the accumulated check units. All payments to eCML are made in advance of the service provided. I/We agree that the monthly subscription fee and the additional credit check fee are subject to change at the discretion of eCML without notice. I/We agree that all service fee(s) paid to eCML or its associates are not refundable. This Terms and Conditions forms an integral part of the entire Subscription Agreement (the "Agreement"). All information obtained from eCML and/or its portal site http://www.CreditCheck.com.hk is licensed to the Subscriber by eCML pursuant to this Agreement and is for the exclusive use of the Subscriber solely as one factor in the Subscriber's credit, insurance, marketing, or other business decisions relating to corporations, partnerships, sole proprietorships or other business, government, or non-profit entities or such entities' stockholders, directors, partners, proprietors, or employees in their capacities as such. It is expressly prohibited to use such information as a factor in establishing an individual's eligibility for (1) credit or insurance to be used primarily for personal, family, or household purposes, or (2) employment. It is further prohibited to use such information to engage in any unfair or deceptive practices. All information licensed hereunder 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 others unless required by law, or unless the Subscriber first obtains eCML's written consent; except that the Subscriber may reveal to the Subject of the information that eCML is a source of information about the subject and refer the subject to eCML for the purpose of obtaining a copy of the information eCML is providing regarding the subject and reviewing the same. It is expressly understood that the Subscriber shall neither request information for the use of others, nor permit requests to be made under this Agreement by others. Neither may the information be used by the Subscriber in connection with providing advice or recommendations to others, it being understood that the information is only for the Subscriber's internal use. Without limiting the foregoing, none of the information licensed hereunder 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. If the Subscriber is a lawyer of law firm it may obtain and use the information licensed by eCML in connection with its representation of a client so long as the information is not provided to the client or produced in any judicial or administrative proceeding, including any discovery proceeding. The Subscriber acknowledges that eCML does not, and could not for the fees charges hereunder, 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 information or in otherwise performing this Agreement. The Subscriber agrees that eCML shall not be liable for special, incidental, exemplary, or consequential damages (including loss of profits) caused by the subscriber in, directly or indirectly, using the information so provided by eCML under this agreement. 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 excess the amount paid during the term of this Agreement by the Subscriber for the information licensed hereunder or HK$1,000 whichever the lesser, and the Subscriber covenants and promises that it will not sue eCML for a greater amount. The Subscriber agrees that eCML may revise its tariff charges at its discretion without notice. If the revision involves an increase in the Unit value of services, then the Subscriber may continue this Agreement on the revised basis or cancel this Agreement in which latter event the Subscriber shall be allowed to use the remaining balance of the units of services pre-paid by the Subscriber at the latest unit price prior to eCML's revision of the such charges within two months from the date of the cancellation of this Agreement. 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. 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. The Subscriber shall reproduce eCML's copyright notice and proprietary rights legend on all authorized copies of such information. This Agreement is not binding upon eCML until accepted by it. 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, in which latter event eCML shall refund the unused balance of the amount paid by the Subscriber under this Agreement. The Subscriber may terminate this Agreement at any time by giving 14 days' written notice to eCML and all outstanding fees due and payable by the Subscriber prior to such termination notice is given by the Subscriber will become immediately due and payable. 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. 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. 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). 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. The Subscriber agrees that eCML may revise this Terms and Conditions from time to time at the sole discretion of eCML without notice. The Subscriber agrees that should there be any conflict in interpretation of any clause under these Terms and Conditions and/or the entire Agreement, the interpretation given by eCML shall prevail and shall be final. The Agreement is drafted under the Laws of Hong Kong Special Administrative Region and subject to the exclusive jurisdiction of the Courts of Hong Kong Special Administrative Region. 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 signing of this Agreement. If there is conflict in the Chinese and English version of these Terms and Conditions and/or the entire Agreement, the interpretation under the English version shall prevail.