Terms and Privacy
The term ‘[business name]’ or ‘us’ or ‘we’ or “our” refers to the owner of the website whose registered office is [address]. Our company registration number is [company registration number and place of registration]. The term ‘you’ refers to the user or viewer of our website.
1. Access to the Website and Content
- We shall endeavour to allow you uninterrupted access to this Website, but access to this Website may be disrupted, restricted, suspended or terminated at any time at its discretion or for reasons beyond our control.
- We reserve the right to improve, change, modify, substitute or remove any information on this Website, or terminate this Website, at any time without notice.
- Any communication or material that you transmit to this Website or to us by electronic mail or otherwise, including any comments, data, questions and suggestions, is and will be treated as non-confidential and non-proprietary unless a prior arrangement in writing is made between you and us. We may preserve any such content and may disclose it to third parties if required to do so by law or in the good faith belief that such preservation or disclosure is necessary to comply with legal process; respond to claims that the content violates the rights of third parties; enforce these Terms and Conditions; or protect the rights, property or personal safety of this Website and its users.
- We do not review any third-party web pages or websites hyperlinked to this Website and are not responsible for the content of any such off-site pages or sites. If you visit such off-site pages or sites through this Website, you do so at your own risk.
2. Intellectual Property
- Unless otherwise indicated the copyright, database right and rights of an allied nature in the material contained in the Website, together with the website design, text and graphics, and their selection and arrangement, belong to us. You shall not reproduced or redistributed any of this material without our prior written permission.
- You agree that any logos, names, service marks, trade marks and other devices (collectively referred to as “Marks”) pertaining to us that may be displayed on this Website are our registered and/or unregistered Marks. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of the Marks belonging to us or to third parties that are displayed on this Website.
- Some product and company names mentioned on this Website or material displayed on this Website may be intellectual property belonging to third parties. We do not warrant or represent that if you use such material you will not infringe the legal rights of these third parties.
3. Exclusion of Liability
- We use reasonable endeavours to ensure that the information on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. However we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on this Website.
- We do not warrant that access to this Website will be fault-free, secure, timely or uninterrupted, or that the Website will be free from software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or the accurate receipt or security of any information transmitted by you by electronic mail or otherwise to the Website or to us.
- Your usage of this Website, and the electronic transmission of any document or information by you to the Website or to us is at your own risk.
- Our liability for any damages, claims or losses arising from an inability to access this Website, or from any use of this Website or reliance on the data transmitted using this Website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any anticipated savings, business, goodwill, loss of profit, opportunity, revenues or other direct, indirect, consequential, incidental or special loss or damage of any kind, whether arising from breach of contract, tort (including negligence, defamation and infringement of copyright or database right or other intellectual property rights) or otherwise arising out of use of this Website, whether or not notified of such damage or loss arising.
- We do not monitor, verify or endorse information submitted by third parties for posting on this Website. You should be aware that such information may be inaccurate, incomplete or out of date.
- Without limiting the foregoing, everything on this Website is provided to you “as available” and “as is”. We make no representations or warranties, express or implied, with respect to this Website, or any part of it, including any warranties of title, non-infringement of the intellectual property rights of third parties, merchantability, satisfactory quality, or fitness for any purpose.
4. Acceptable Use
- You shall use the Website in accordance with these Terms and Conditions and for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice of Hong Kong SAR and within the jurisdiction from which you are accessing this Website.
- In particular, you agree that you shall not upload, post, e-mail or otherwise transmit to the Website or to us any content:
- that is abusive, defamatory, harassing, harmful, invasive of privacy, objectionable (as regards attitudes towards disability; gender; race, descent, ethnicity or nationality; religion or belief; sexual orientation; or other personal characteristics), obscene, threatening, tortious or unlawful, or otherwise use this Website in a manner which causes or may cause an infringement of the rights of any third party;
- that you do not have a right to transmit under any law (including content that infringes the intellectual property rights of any third party), or under contractual or fiduciary relationships (such as confidential or proprietary information learned or disclosed as part of employment relationships or under non-disclosure agreements); or
- any unsolicited or unauthorised advertising or promotional materials or any other form of solicitation, including but not limited to chain letters, junk mail and spam;
- You agree that you shall not impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or take any action to disguise the origin of any content transmitted to the Website or to us or obtain or attempt to obtain unauthorised access, through whatever means, to any of computers, networks or servers owned or used by us.
- You shall not use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this Website, including but not limited to uploading or making available through whatever means files containing corrupt data, software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- You shall not deface, alter or interfere with the front-end “look and feel” of this Website or the underlying software code or take any action to cause an unreasonable or disproportionately large load on this Website or its related infrastructure;
- Without prejudice to any of our other rights, whether at law or otherwise, we reserve the right to deny you access to this Website where it believes in its absolute discretion that you are in breach of any of these Terms and Conditions.
- You agree to indemnify and hold us, our subsidiaries, affiliates, officers, employees and agents, harmless from any claim or demand, including legal fees on an indemnity basis, made by any third party due to or arising out of your use of this Website.
- We may modify these Terms and Conditions at any time. Such modification shall be effective immediately upon posting of the modified Terms and Conditions on this Website. Accordingly, your continued or subsequent access or use of this Website shall be deemed to be your acceptance of the modified Terms and Conditions.
- Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not be construed as a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms and Conditions remain in full force and effect.
- Your use of this Website, any downloaded material from it and the operation of these Terms and Conditions shall be governed by, construed and interpreted in accordance with the laws of Hong Kong SAR and you agree to submit to the non-exclusive jurisdiction of the Hong Kong SAR Courts. We reserve the right to bring proceedings in the courts of the country of your residence.