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EBT Mobile China plc Web Site User Terms and Conditions
The website www.ebtmobile.com / www.ebtmobile.com.cn (the "Web Site") is owned by EBT Mobile China plc ("EBT").
Access to and use of the Web Site is provided by EBT to you (the "User") subject to the following terms and conditions
(the "Terms and Conditions"). By using the Web Site the User indicates that he has read and understood the Terms
and Conditions current at the time of use and agrees to be bound by them. The User is advised to review the current Terms and Conditions each time it uses the Web Site.
The Terms and Conditions include this document and any document referred to and incorporated into this document.
EBT reserve the right to vary these Terms and Conditions without notice at any time.
Any questions relating to the Terms and Conditions should be directed by email to investor@ebtmobile.com.cn.
Ownership
The content of the website including any graphics, code, text, software, audio, music and design (the "Content(s)") and services provided via the Web Site are owned by or licensed to EBT. The User agrees not to alter or delete any intellectual property notices on the Web Site relating to the Content.
The names and logos identifying the Web Site and EBT and its products and services are either:
(a) proprietary marks of EBT; or
(b) marks which EBT is licensed to use.
Nothing in these Terms and Conditions shall confer on the User any licence of any such mark or of any other intellectual property right of EBT, (subject to the provisions below relating to copyright).
Except where expressly indicated otherwise, copyright in all of the Contents of the Web Site belongs to EBT. Notwithstanding this, EBT hereby authorises the User to:
(a) view and display the Contents;
(b) download the Contents and store them in a computer (for example in the browser's cache) for a period not exceeding thirty days, provided that the User also downloads the copyright notice (the "Copyright Notice") below; and
(c) print out the Contents, provided that the User also prints the Copyright Notice and attaches it to any printed copy of any of the Contents.
Copyright Notice
In accordance with the above provisions, the following Copyright Notice is to be included on all copies of the Content where the Content is reproduced:
"Copyright EBT. Reproduced with permission."
Changes to the Web Site
The User acknowledges and accepts that EBT may from time to time alter any aspect of the Web Site, or any of the services or products provided through the Web Site, as it thinks fit and without notice to the User. Further, EBT may alter the Terms and Conditions at any time without notice. The User accepts that it will have no claim for breach of contract or otherwise in respect of any such alteration.
Products and Services
Any reference to any product or service which has been or may be provided by EBT or any other company does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.
User Conduct
The User warrants that it shall:
(a) use the Web Site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Web Site by EBT or any third party;
(b) not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person;
(c) not engage in any commercial purpose other than as envisaged by EBT;
(d) without prejudice to the generality of paragraph (b) above, not upload, post, transmit or distribute any material or information in which the User does not own the intellectual property rights, or any material which is in any way unlawful or which is potentially harmful, threatening, abusive, libellous, pornographic or otherwise obscene, or racially or ethnically or otherwise objectionable; and
(e) not upload, post, transmit or distribute any material or information which contains a computer virus, or other code, files or programs intended or having for effect to disrupt or otherwise adversely affect the operation of the Web Site or of other Users' computer systems.
Disclaimer
The Content is provided to the User by way of general, background information only, it is provided "as is" without any express or implied warranty as to its accuracy or completeness. The User should consult an appropriately qualified adviser for advice on any specific question or problem, and should not rely on the accuracy of any part of the Content.
The User accepts and acknowledges that EBT, its officers, employees, agents, representatives of any sort, and advisers shall not in any way be liable for any damage, loss, costs or expenses arising directly or indirectly from the User accessing or otherwise using the Web Site, from the User's downloading of any of the Contents, from the User's reliance on or use of any of the Contents for any purpose or from any inaccuracies or omissions in the Contents. The above shall not operate to exclude liability which may not be excluded under law.
Without prejudice to the foregoing generality, EBT hereby excludes, insofar as permitted by law, all warranties and representations, express or implied, in respect of any of the Contents, including but not limited to any information, names, images, pictures, logos and icons forming part of them, including but not limited to warranties of satisfactory quality, fitness for a particular purpose, non-infringement of third party rights or any law, compatibility, security and accuracy.
While EBT endeavours to ensure that the Web Site does not contain any error, defect, malfunction or corruption, EBT do not accept responsibility for any damage to or loss of data on the User's computer system, network or server that results from the download or use of the Web Site or the Content.
The Contents are not intended to constitute investment advice and should not be relied upon in connection with any investment decision. Any potential investor in EBT should seek independent financial advice.
The past performance of EBT or any other company referred to on the website cannot be relied upon as a guide to its future performance. The price of shares and the income derived from them can go down as well as up and investors may not recoup the amount originally invested.
Downtime
The User acknowledges and accepts that computer and telecommunications systems are not fault free and may from time to time require periods of downtime (being periods during which the Web Site is not available to the User) for the purposes of repair, maintenance and upgrading.
Accordingly, EBT does not guarantee uninterrupted availability of the Web Site. The User accepts that he or she or it shall have no claim for breach of contract or otherwise in respect of any such period of unavailability.
Hypertext Links
The Web Site and its Content may at points incorporate links to the web sites and services of third parties. Such links are provided for the User's convenience only, and their provision does not constitute an authorisation by EBT to the User to access such third party web sites, nor an endorsement of the content or services of such third party web sites by EBT.
The User acknowledges and accepts that EBT is not, and shall not be held responsible for any:
(a) damages, losses, costs or expenses arising from the use of such third party web sites including damage to or loss of data on the User's computer system, network or server that results from the download or use of such third party web sites; or
(b) products or services available through such third party web sites.
Termination
EBT reserves the right to terminate forthwith, or to refuse to permit, the use of the Web Site by the User, at any time and at EBT's absolute discretion.
If requested by EBT Users must destroy all Content obtained by the User from the Web Site.
General
The User permits EBT to process its data, including any Sensitive Personal Data, within the meaning of the Data Protection Act 1998, outside the EEA.
These Terms and Conditions shall be deemed to include any other policies contained on the Web Site from time to time, including but not limited to:
(1) rules governing the use of any discussion forum contained on the Web Site, and
(2) rules relating to the data protection policy of EBT, as set out in the "Privacy Policy".
These Terms and Conditions including the Privacy Policy and any other specific terms of use appearing anywhere on the Web Site constitute the entire agreement of the parties in relation the use of the Web Site, and the Terms and Conditions supersede any other agreements between the parties in this matter.
If any of the provisions of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which the Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that terms or condition is illegal, invalid or unenforceable, the provision shall be severed and deleted from the Terms and Conditions and the remaining provisions of the Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
he rights of EBT and the User under these Terms and Conditions may be exercised as often as necessary. They are cumulative and not exclusive of either party's rights under the general law, and may be waived only in writing. Delay in exercising or non-exercise of any right is not a waiver of that right.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms and Conditions shall be non-exclusively subject to the jurisdiction of the courts of England and Wales. This clause does not apply to contracts agreed or orders made via the Web Site for the supply of goods or services.
Non-Acceptance of the Terms and Conditions
If these Terms and Conditions are not accepted in full, the User does not have permission to access the Contents of the Web Site and therefore should cease using the Web Site immediately.
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