(a)

Metro Broadcast Corporation Limited (the 'Metro' which expression shall, where the context allows or requires, include its successors and assigns) shall provide subject to these Terms and Conditions stock and financial information services from time to time (the 'Services') through any Internet site established, operated and/or maintained by or on behalf of Metro ('Internet Site') to subscribers (each a ‘Subscriber’).  

(b)

As part of the Services, Metro may make available via any Internet Site financial, market or other information and data ('Information') supplied by any person (each an 'Information Provider' which expression shall include any person who supplies any information to an Information Provider) and may provide reports compiled from Information in any form, medium or means ('Reports').

(c)

Metro 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:

(a)

To access the Services for the first time, the Subscriber is required to register online or in such other manner as Metro may from time to time specify and indicate his acceptance of all the terms and conditions governing the use of the Services and to provide such information as Metro may reasonably specify for identifying him.

(b)

By registering to use the Services, the Subscriber warrants that all information provided by the Subscriber to Metro in relation to the Services is true, complete and up-to-date.

(c)

The Services are for the sole and exclusive use by the Subscriber.

(d)

The Subscriber 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 Subscriber shall notify Metro as soon as practicable if he becomes aware of such use.

(e)

Any exchange rate, interest rate and other prices and information quoted by Metro on the Internet Site or otherwise in response to an online inquiry is for reference only and is not binding.

(f)  

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

(a)

The Subscriber shall follow the guidance provided by Metro online in designating the user identification code (the 'Username') and the password (the 'Password') for identifying the Subscriber for the purposes of the Services.

(b)

The Subscriber may change the Password and the Username at any time but any change shall be effective only if accepted by Metro.

(c)

The Subscriber shall be fully responsible for any accidental or unauthorised disclosure of the Username, the Password to any other person and shall bear the risks of the Username, the Password being used by unauthorised persons or for unauthorised purposes.

(a)

The Subscriber shall provide such information as Metro may from time to time reasonably request for the purposes of providing the Services. The Subscriber shall also ensure that all information provided to Metro is at all times accurate, complete and up-to-date including, without limitation, the Subscriber’s address and other contact details.

(b)

The Subscriber 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 Information or Services or any Internet Site or any software comprised in them.

(c)

The Subscriber acknowledges that it is the responsibility of the Subscriber to determine independently market prices and rates for trading purposes through his usual trading channels, to verify any Information and/or Report before relying or acting on it and to seek independent professional advice on legal, tax and other issues in connection with the use of the Services, the Information and the Reports, these Terms and Conditions and any transactions which may affect the Subscriber under all applicable laws.

(a)

The Subscriber acknowledges and agrees that the Information, 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 Metro and the respective Information Providers.

(b)

Unless expressly permitted by these Terms and Conditions, the Subscriber shall not, and shall not attempt to:

(c)

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

(d)

The Subscriber 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 Metro and the respective Information Providers. No right, title or interest other than the right to access the Information and the Reports subject to these Terms and Condition is conveyed or transferred to the Subscriber. The Subscriber shall not make any representation or do any act which may be taken to indicate that the Subscriber has any such right, title or interest.

(e)

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 Subscriber on or after the effective date, subject to prior notification, of such terms and conditions shall constitute the Subscriber's acceptance thereof.

(f)

The Information are made available for reference only and are not intended for trading or other purposes. Neither Metro nor any Information Provider shall be considered an investment adviser to the Subscriber.

(g)

Neither Metro nor any Information Provider warrants, represents or guarantees 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 Subscriber or any other person.

(h)

The Information will be made available as it is supplied and identifying the Information Provider directly supplying it to Metro. Metro 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.

(i)

No warranty, representation or guarantee of any kind relating to the Information is given or may be implied and no employee or agent of Metro or any Information Provider is authorised to give any such warranty, representation or guarantee.

(a)

Metro 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 Metro from time to time.

(b)

None of Metro or any Information Provider warrants or represents that the Services, the Information and the Reports are free from virus or other destructive features which may adversely affect the Subscriber’s hardware, software or equipment.

(c)

Neither Metro nor any of its associated companies assumes any liability or responsibility to the Subscriber or any other person for the consequences arising from or in connection with:

(d)

In no event shall Metro or any of its associated companies be liable to the Subscriber or any other person for any incidental, indirect, special, consequential or exemplary damages including, without limitation, any loss of use, revenue, profits or savings.

(a)

Metro may, at any time, without giving notice or reason suspend or terminate all or any of the Services or their use by the Subscriber.

(b)

The Subscriber may terminate the use of the Services at any time by giving to Metro 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 Subscriber shall remain in full force and effect after suspension or termination including, without limitation, Clauses 3(b), 4, 7, 8, 9 and 10. Notwithstanding such suspension or termination, the Subscriber shall continue to be bound by these Terms and Conditions to the extent that they relate to any obligations or liabilities of the Subscriber which remain to be performed or discharged.

(a)

Metro shall be entitled to prescribe, from time to time, the form of notice (whether written or any other form) and the mode of communication with respect to each type of notice to be given pursuant to these Terms and Conditions.

(b)

Communications delivered personally, sent by post, facsimile transmission, telex or email shall be deemed to have been received by the Subscriber(where delivered personally) at the time of personal delivery or on leaving it at the address last notified in writing by the Subscriber to Metro, (where sent by post) 48 hours after posting if such address is in the Hong Kong Special Administrative Region ('HKSAR') and seven days after posting if such address is outside the HKSAR or (where sent by facsimile transmission, telex or email) immediately after transmitting to the facsimile or telex number or email address last notified in writing by the Subscriber to Metro. Communications sent by the Subscriber to Metro shall be treated as delivered to Metro on the day of actual receipt.

(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 Metro and Subscriber 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.