TERMS OF USE For the purpose of this Terms of Use, EAB refers to EAB Systems (Hong Kong) Limited and its affiliates and subsidiaries. CONDITIONS OF USE By using this website, you acknowledge your assent to the following conditions of use (GENERAL TERMS OF USE, which term does not include the specific terms and conditions defined below) without limitation or qualification. Please read these GENERAL TERMS OF USE carefully before using this website. These GENERAL TERMS OF USE may be revised at any time by updating this posting. You are bound by any such revisions if you continue to use this website after the revisions and should therefore periodically visit this page to review the then current general terms of use to which you are bound. DISCLAIMER To the fullest extent permissible pursuant to applicable law, (1) the materials on this website are provided "as is" and without warranties of any kind either expressed or implied and EAB Systems (Hong Kong) Limited and its affiliates and subsidiaries (collectively, "EAB") disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose; (2) EAB does not warrant that the website or the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components; and (3) EAB does not warrant or make any representations regarding the use or the results of the use of the materials on this website in terms of their correctness, accuracy, reliability, or otherwise. The information and descriptions contained herein are not necessarily intended to be complete descriptions of all terms, exclusions and conditions applicable to the products and services, but are provided solely for general informational purposes. For complete details please refer to the relevant product or services agreement. This website may be linked to other websites which are not maintained by EAB. EAB is not responsible for the availability, content or accuracy of any external websites and does not make any warranty, express or implied, with respect to the use of any external links. The inclusion of any link to such websites does not imply approval of or endorsement by EAB of the websites or the content thereof. You acknowledge and agree that you access such websites at your own risk. ADVERTISEMENTS This website may contain advertisements for products and services offered by other members of EAB or any selected third party (within or outside Hong Kong). You should obtain additional information on such products or services and independently determine the appropriateness and suitability of such products or services for you. For advertisements by third parties, EAB takes no responsibility or liability for the contents of such advertisements. The inclusion of any advertisement on this website does not imply approval or endorsement by EAB. LIMITATION OF LIABILITY While EAB uses reasonable efforts to include accurate and up-to-date information on this website, errors or omissions sometimes occur. To the fullest extent permissible under applicable law, EAB makes no warranties or representations as to the accuracy of the content of this website and under no circumstances, including, but not limited to, negligence, shall EAB or any party involved in creating, producing, or delivering the website be liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this website, even if EAB or an EAB authorized representative has been advised of the possibility of such damages. To the fullest extent permissible under applicable law, in no event shall EAB's total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this website. EAB also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from this website. RESTRICTIONS ON USE OF MATERIALS This website is owned and operated by EAB. Except as otherwise expressly permitted by EAB, no materials from this website or any website owned, operated, licensed or controlled by EAB may be copied, reproduced, republished, modified, stored in a retrieval system, used for creating derivative works, uploaded, posted, transmitted (by any form or by any means), distributed or used in any other way for public or commercial purposes. You may download material displayed on this website for your use only, provided that you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including the text, images, audio, and video without EAB's written permission. EAB neither warrants nor represents that your use of materials displayed on this website will not infringe rights of third parties. JURISDICTIONAL ISSUES Unless otherwise expressly set forth herein, EAB makes no representation that materials on this website are appropriate or available for use in any location. Those who choose to access this website do so on their own initiative and are responsible for compliance with local laws. OWNERSHIP OF INFORMATION Any information, other than personal data or information, you transmit to EAB via this website, by electronic mail or otherwise, including data, questions, comments, or suggestions will be treated as non-confidential and non-proprietary and will become the property of EAB. Such information, other than personal data or information, may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. EAB is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to EAB via this website or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information. You waive all applicable rights you may have in any information (other than personal data) you transmit to EAB via this website or otherwise, for the purposes of this section of the Conditions. INTELLECTUAL PROPERTY All trademarks, service marks, trade names, logos, and icons are proprietary to EAB. Other than as expressly set out in these Conditions and except as permitted by applicable law, nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of EAB intellectual property including, but not limited to, any trademark or logo displayed on this website without the written permission of EAB. Your use of the trademarks and logo displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited. Images and content displayed on this website are either the property of, or used with permission by, EAB. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by EAB. Any unauthorized use of images and content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. SOFTWARE LICENSES To the extent that any software is made available or provided to you on this website, EAB grants you a non-exclusive, limited and personal license to download and use the software for your own personal, non-commercial use only. No other rights to the software are granted. All rights including intellectual property rights in the software remain the property of EAB or the relevant licensors or owners of the software and, except as permitted by law, you may not reverse engineer, decompile, modify or tamper with the software. TERMS AND CONDITIONS FOR 121 SYSTEM AND THE USE OF ANY AND ALL SERVICES AT OR UNDER 121 SYSTEM SHALL AT ALL TIMES BE GOVERNED BY THE FOLLOWING TERMS AND CONDITIONS (SPECIFIC TERMS AND CONDITIONS, THIS TERM SHALL ONLY INCLUDE SECTIONS 1 TO 15 BELOW). 1. SERVICES EAB Systems (Hong Kong) Limited is the administrator (the Administrator) of 121 System services (the Services) which has the right to determine and modify from time to time the scope and type of the Services to be made available including, without limitation, expanding, modifying or reducing the Services at any time; 2. USE OF THE SERVICES a. By registering to use the Services, the Customer warrants that all information provided by the Customer to EAB and the Administrator in relation to the Services is true, complete and up-to-date. 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 in connection with any illegal purpose or activity. The Customer shall notify EAB and the Administrator as soon as practicable upon becoming aware of such use. d. The Customer acknowledges that there may be a time lag in transmission of instructions, information or communication via the internet. EAB and the Administrator shall bear no liability in this respect. 3. USER NAME AND PASSWORD a. The Customer may change the password (the 'Password') at any time but any change shall be effective only if accepted by EAB and the Administrator. The user name (the 'User Name') cannot be changed by the Customer. b. The Customer shall act in good faith, exercise reasonable care and diligence in keeping the User Name and the Password in secrecy. At no time and under no circumstances shall the Customer disclose the User Name and/or the Password to any other person. c. The Customer shall be fully responsible for any accidental or unauthorized disclosure of the User Name and/or the Password to any other person and shall bear the risks of the User Name and/or the Password being used by unauthorized persons or for unauthorized purposes. d. Upon notice or suspicion of the User Name and/or the Password being disclosed to any unauthorized person or any unauthorized use of the Services being made, the Customer shall notify EAB and the Administrator in person as soon as practicable or by telephone at such telephone number(s) as EAB and the Administrator may from time to time prescribe (and EAB and the Administrator may ask the Customer to confirm in writing any details given) and, until EAB and the Administrator's actual receipt of such notification, the Customer shall remain responsible for any and all use of the Services by unauthorized persons or for unauthorized purposes. 4. CUSTOMER'S INSTRUCTIONS a. The Customer is required to quote the User Name and the Password in order to log-on to the Interactive Website to use the Services and give instructions to EAB and the Administrator online. Instructions in connection with the Services shall not be considered to be received by EAB and the Administrator unless they are given in such manner as EAB and the Administrator may prescribe from time to time and until EAB and the Administrator has actually received them. b. Any instruction given in connection with the Services by quoting the User Name and the Password of the Customer, once given, may not be rescinded or withdrawn without the consent of EAB and the Administrator. All such instructions given, as understood and acted on by EAB and the Administrator in good faith, shall be irrevocable and binding on the Customer whether given by the Customer or by any other person purporting to be the Customer. EAB and the Administrator shall be under no duty to verify the identity or authority of the person giving any such instruction or the authenticity of such instruction apart from verifying the User Name and the Password of the Customer. c. EAB and the Administrator will only act on an instruction insofar as it is in EAB and the Administrator's opinion practicable and reasonable to do so and in accordance with its regular business practices and procedures. 5. CUSTOMER'S UNDERTAKINGS AND RESPONSIBILITIES a. The Customer shall provide such information as EAB and the Administrator may from time to time reasonably request for the purposes of providing the Services. b. The Customer authorizes EAB and the Administrator to disclose and transfer information relating to the Customer, the Customer's account(s) and/or the transaction(s) executed by EAB and the Administrator on the Customer's behalf to such person(s) as EAB and the Administrator may be requested to under any law, rules or regulations of any competent jurisdiction in which EAB and the Administrator execute transaction(s) on the Customer behalf or any exchange, government or regulatory authority in such jurisdiction (whether or not EAB and the Administrator are actually compelled to do so by any law) c. 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 Interactive Website or any software comprised in them. 6. INFORMATION AND INFORMATION PROVIDERS a. The Customer acknowledges and agrees that the Information including non-public information, 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 EAB and the Administrator and the respective Information Providers. b. Unless expressly permitted by these Specific 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 including any other non-EAB information. 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 EAB and the Administrator; or ii. where EAB and the Administrator has expressly agreed in writing to its disclosure. d. An Information Provider 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. e. Neither EAB and the Administrator nor any Information Provider warrants, represents or guarantees the sequence, accuracy, truth, reliability, adequacy, timeliness or completeness of any of the Information 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 by the Customer or any other person. f. The Information will be made available as it is supplied and identifying the Information Provider directly supplying it to the Administrator. The Administrator does not endorse or express any comment on any Information supplied by any Information Provider nor assume any duty to check or verify any Information. g. No warranty, representation or guarantee of any kind relating to the Information and/or the Reports is given or may be implied and no employee or agent of EAB and the Administrator or any Information Provider is authorized to give any such warranty, representation or guarantee. 7. LIABILITIES OF EAB AND THE ADMINISTRATOR a. EAB and the Administrator will take reasonably practicable steps to ensure that its systems in connection with the Services are installed with adequate security designs and to control and manage the risks in operating the systems, taking into account any law, rules, regulations, guidelines, circulars, codes of conduct and prevailing market practices which may be applicable to EAB and the Administrator from time to time. b. None of EAB, the Administrator, any Information Provider warrants or represents that the Services, the Information are free from virus or other destructive features which may adversely affect the Customer's hardware, software or equipment. c. Unless Clause 8(b) applies or due to the gross negligence or willful default of EAB and the Administrator or their respective officers or employees and only to the extent of direct and reasonably foreseeable loss and damage (if any) arising directly and solely therefrom or the amount of the relevant transaction (whichever is less), EAB and the Administrator do 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 authorized; ii. any interruption, interception, suspension, delay, loss, unavailability, mutilation or other failure in providing the Services, in transmitting instructions or information relating to the Services or in connecting with the Website caused by any acts, omissions or circumstances beyond the reasonable control of EAB and the Administrator 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. d. In no event shall EAB, the Administrator, or any Information Provider be liable to the Customer or any other person for any incidental, indirect, special, consequential or exemplary damages including, without limitation, any loss of use, revenue, profits or savings. 8. LIABILITIES OF THE CUSTOMER a. Unless Clause 8(b) applies, 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 the Website, any Information or any other information as a result of such use by the Customer or any other person whether or not authorized. b. Subject to Clause 4(e) and if, in the reasonable opinion of EAB and the Administrator, there is no negligence, fraud or fault on the part of the Customer, the Customer shall not be liable for loss or misplacement of funds caused by unauthorized transactions conducted through the use of the Services as a result of:- i. a computer crime which should have been prevented by the risks control and management measures had EAB and the Administrator adopted such measures in accordance with Clause 8(a); ii. a human or system error of EAB and the Administrator; or iii. a missed or mis-directed payment caused by the gross negligence or willful default of EAB, the Administrator, its officers or employees. c. The Customer shall indemnify EAB and the Administrator, any Information Provider 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 or the exercise or preservation of EAB and the Administrator's powers and rights under these Terms and Conditions, unless due to the gross negligence or willful default of EAB, the Administrator, any Information Provider or their respective officers or employees or unless Clause 8(b) applies. 9. VARIATION AND TERMINATION a. EAB and the Administrator 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. Provisions of these Specific 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 including, without limitation, Clauses 2(b), 3, 5, 6, 7 and 8. Notwithstanding such suspension or termination, the Customer shall continue to be bound by these Specific Terms and Conditions to the extent that they relate to any obligations or liabilities of the Customer which remain to be performed or discharged. 10. AMENDMENTS EAB and the Administrator may revise these Specific 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 Specific Terms and Conditions shall become effective subject to EAB and the Administrator giving reasonable notice to the Customer which may be given by posting it on the Interactive Website or by display, advertisement or other means as EAB and the Administrator 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. 11. SEVERABILITY Each of the provisions of these Specific 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. 12. WAIVER No act, delay or omission by EAB and the Administrator shall affect its rights, powers and remedies under these Specific Terms and Conditions or any further or other exercise of such rights, powers or remedies. The rights and remedies under these Specific Terms and Conditions are cumulative and not exclusive of the rights and remedies provided by law. 13. MISCELLANEOUS Unless the context otherwise requires, 'person' includes an individual, firm, company, corporation and an unincorporated body of persons. GOVERNING LAW AND JURISDICTION The Services and the General Terms of Use and the Specific Terms and Conditions 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) and the parties agree to submit to the exclusive jurisdiction of the courts of Hong Kong but the General Terms of Use and the Specific Terms and Conditions may be enforced in the Courts of any competent jurisdiction.