User Agreement - BookShop
IMPORTANT
READ
THIS USER AGREEMENT FIRST BEFORE YOU USE BookShop
| In
this User Agreement: |
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| "BookShop" |
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means
BookShop, an online purchase and subscription service provided
by HKTDC for the purchase or subscription of various publications
of HKTDC, or such other new, changed, replacement or alternative
services as provided by HKTDC from time to time
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| "Information" |
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information,
data, content, analysis, news, reports, programmes, photographs,
pictures, graphics, video, audio, software and other materials
and services, communications, transmissions and other items,
tangible or intangible available on or through BookShop
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| "personal
data" |
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personally
identifying information or sensitive data (including but not
limited to names, ages, addresses, occupations, contacts, other
personal details and credit card information)
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| "HKTDC",
"we", "our" or "us" |
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Hong
Kong Trade Development Council
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| "HKTDC
Affiliates",
"Our Affiliates" |
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HKTDC's
agents, licensors and Third Party Providers, and their respective
agents, officers, affiliates and employees
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| "Terms
of Use" |
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the
Terms of Use in respect of the Website set forth in the homepage
of the Website
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| "Third
Party Provider" |
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any
provider of Information or services on the Website other than
HKTDC
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| "User
Agreement" |
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the
User Agreement set forth below as amended by HKTDC from time to
time
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| "users",
"you" or "your" |
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any
person who accesses the Website
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| "Website" |
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www.hktdc.com
and other website(s) from time to time hosted by HKTDC
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the
singular includes the plural and vice versa;
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the
expressions "including", "for example" and
similar expressions are not words of limitation;
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references
to anything, amount or group of persons are references to the
whole and each part of that thing or amount, and all and each
person in that group; and
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references
to time are, unless otherwise stated, to Hong Kong time.
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HKTDC
MAKES BookShop AVAILABLE TO YOU SUBJECT TO THE TERMS AND CONDITIONS OF
THIS USER AGREEMENT AND THE TERMS OF USE.
1.
Access
| 1.1 |
HKTDC
may prevent or restrict any user from accessing BookShop without need
to give any reason.
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| 1.2 |
By
using BookShop, you warrant that:
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| |
| (
a ) |
all
actions needed to authorise your entry into and performance
of this User Agreement have been taken; |
| (
b ) |
this
User Agreement constitutes your legal, binding and enforceable
obligations; and |
| (
c ) |
the
information provided in respect of your purchase or subscription
of the publications is true, complete and current. |
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2.
Your Information
| 2.1 |
You
agree to provide such information as may be reasonably requested
by HKTDC for the purpose of permitting your access and use of BookShop,
processing your purchase and/or subscription of publications and
establishing the means by which your payments will be made.
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| 2.2 |
Although
Secure Socket Layer has been installed on BookShop, all your information
(including those relating to your credit card account, bank account
and your personal data) is sent at your sole risk to HKTDC. For example,
unauthorised third parties may be able to access such information
during its transmission.
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| 2.3 |
You
agree to notify HKTDC promptly if there is any change in your telephone
number, address, electronic mail address and credit card account
numbers, expiry dates and details. Any such notification is binding
on you, and may be accepted and acted on by HKTDC without any verification
or enquiry.
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| 2.4 |
You
agree to the use and disclosure of your information in the manner
set out in HKTDC's Privacy
Policy Statement (as updated from time to time). |
3.
Usage of BookShop
| 3.1 |
You
may only use BookShop for your own internal purpose. Except as aforesaid
you may not copy, reproduce, publish, distribute, sell or, in any
way directly or indirectly in competition with HKTDC, commercially exploit
the Information available on BookShop. In particular, you may not
on-sell any items purchased on BookShop. You must not delete or change
any copyright or other proprietary notice on any Information available
from or through BookShop.
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| 3.2 |
You
may not transfer all or any of your rights or obligations under this
User Agreement to any other person, or permit any other person to
use your Logon ID or Password (if applicable).
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| 3.3 |
The
copyright in the Information is owned by HKTDC, HKTDC Affiliates or Third
Party Providers (as the case may be).
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| 3.4 |
Our
obligations to provide BookShop will be suspended if and for so long
as any circumstances occur which prevent us from being able to provide
BookShop.
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| 3.5 |
The
Information, features or functions which are available to one class
of users of BookShop may not be available to another class of users.
We may group users into different classes using any criteria we deem
fit.
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| 3.6 |
The
amount of Information which may be available to a user during any
period:
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| (
a ) |
may
from time to time be limited or changed by us without notice
to that user; and |
| (
b ) |
may
be different from that available to another user. |
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4.
Payment
| 4.1 |
You
agree to pay all charges for the items purchased or subscribed by
you at such prices and subscription rates and in accordance with the
billing terms as are in effect from time to time. You are responsible
for all taxes relating to your purchases and subscriptions through
BookShop. Your payments to HKTDC must be made in full without deduction,
set-off or counterclaim.
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| 4.2 |
HKTDC's
record of the charges payable by you is, save to the extent of manifest
error, conclusive and binding on you.
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| 4.3 |
Your
on-line purchase and subscription of publications may be paid by credit,
debit or charge card acceptable to HKTDC or by mailing a cheque to us
enclosing a copy of the purchase order of the publications ordered
by you. You are solely responsible for all risks associated with the
mailing of your cheque, and HKTDC shall not be responsible for any default,
delay, failure or error in any mailing services. The relevant publications
shall only be mailed to you upon HKTDC's receipt and clearance
of the cheque.
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| 4.4 |
Payment
for orders from Hong Kong shall be made in Hong Kong currency and
payment for orders from places other than Hong Kong shall be made
in United States currency.
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| 4.5 |
HKTDC
may charge for any services and/or publications in relation to BookShop
and will publish the amount or rate therefor, identifying the services
and/or publications concerned, by a general message on BookShop. By
requesting, commencing or continuing the use of the relevant service
or ordering such publications at any time after such notification,
you agree to pay HKTDC such charges.
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| 4.6 |
Your
access to BookShop may be suspended by HKTDC at any time in the event
of late payment or non-payment or when any applicable credit limit
has been reached. HKTDC is entitled thereupon to collect all accrued
charges incurred by you through your credit card account and/or recover
such amount from you as a debt due to HKTDC. Your access to BookShop
will not be restored until all such charges have been paid to HKTDC.
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| 4.7 |
HKTDC
may from time to time prescribe a minimum mailing order amount applicable
to the purchase and/or subscription of publications from BookShop.
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| 4.8 |
All
your purchases and subscriptions, once completed on-line, are irrevocable
and no return, refund, exchange or cancellation may be effected except
with the written consent of HKTDC. |
5.
Equipment
You
are responsible for providing and maintaining necessary telecommunication
lines, software and equipment to access BookShop and for all associated
costs.
6.
Logon ID and Password
| 6.1 |
A
Logon ID and Password may be provided to you in relation to certain
services available from BookShop including, without limitation, Traders
Club On-line services. You are solely responsible for protecting the
confidentiality of your Logon ID and Password and against any unauthorised
use.
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| 6.2 |
Your
Logon ID and Password may not be changed without HKTDC's
prior consent or authorization. |
7.
Disclaimer & Limitation
of Liability
| 7.1 |
Use
of BookShop is at your sole risk.
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| 7.2 |
HKTDC
and the HKTDC Affiliates do not warrant, guarantee or assume any
responsibility that:
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| ( a ) |
the
Information is accurate, adequate, current or reliable, or
may be used for any purpose other than for general reference,
or that any results may be obtained from using the Information.
In particular, HKTDC reserves the right to change the prices
for the publications available in BookShop at any time without
notice; |
| (
b ) |
the
Information is free of defect, error, omission, virus or anything
which may change, erase, add to or damage your software, data
or equipment; |
| (
c ) |
access
to BookShop will be available or be uninterrupted; or |
| (
d ) |
defects
in BookShop will be corrected.
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| 7.3 |
The
Information may not be regarded as any recommendation or endorsement
by HKTDC for any purpose with respect to any person, product or
service.
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| 7.4 |
Without
limiting the foregoing, BookShop is provided to you on an "AS
IS" AND "AS AVAILABLE" basis. BookShop IS FOR YOUR
PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT.
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| 7.5 |
In
no event will we or our Affiliates be liable to you or any other
person for any direct, indirect, incidental, special, punitive or
consequential damages, including any loss of business or profit,
arising out of any use, or inability to use, the Information and/or
your purchase, or inability to purchase, publications from BookShop.
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| 7.6 |
You
will exercise and rely solely on your own skill and judgement in
your use and interpretation of the Information and/or the publications
available from BookShop. You are responsible to ensure that your
use of such Information and/or the publications available from BookShop
complies with all applicable legal requirements.
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| 7.7 |
HKTDC
will mail to you the publications purchased or subscribed by you
by ordinary mail, and HKTDC does not warrant, guarantee or undertake
that the publications purchased or subscribed by you will be received
by you at any specific time or at all. You are solely responsible
for all risks associated with the mailing of such publications,
and HKTDC shall not be responsible for any default, delay, failure
or error in any mailing services.
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| 7.8 |
The
limitation of liability contained in this User Agreement will apply
to the fullest extent permitted by applicable laws. |
8.
Changes to BookShop
| 8.1 |
HKTDC
may at any time change or remove the contents or any function, aspect
of feature, or change the presentation, of BookShop including hours
of availability and equipment (hardware and software) needed for
access or use.
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| 8.2 |
HKTDC
may at any time:
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| (
a ) |
change,
add to, delete or modify any provisions in this User Agreement;
and |
| (
b ) |
change
the amount or method of calculation of the charges payable
by you or impose new charges.
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| 8.3 |
Any
change, removal or addition under Clauses 8.1 or 8.2 above will
be effective immediately upon notice thereof being posted on BookShop
or otherwise given to you. Any use of BookShop by you after such
notice will constitute your acceptance of such change, removal or
addition. |
9.
Indemnity
You
agree to defend, indemnify and hold us and the HKTDC Affiliates harmless
from and against all liabilities, damages, claims, actions, costs and
expenses (including without limitation legal fees), in connection with
or arising from your breach of any of this User Agreement and/or your
use of BookShop. We may, if necessary, participate in the defence of any
claim or action and any negotiations for settlement. No settlement which
may adversely affect our rights or obligations shall be made without our
prior written approval. We reserve the right, at our own expense and on
notice to you, to assume exclusive defence and control of any claim or
action.
10.
Hyperlinks
Any
hyperlinks to other sites do not amount to an endorsement by us or our
Affiliates of those sites. Neither we nor our Affiliates assume any responsibility
for anything once you have exited BookShop and the Website.
11.
Affiliates
This
User Agreement is for the benefit of us and our Affiliates, and each of
us and them has the right to enforce this User Agreement in our or (as
the case may be) their own name against you.
12.
Termination
HKTDC
may at any time terminate your access to BookShop with immediate effect,
without need to give any reason. Termination of your right to access or
use BookShop will not affect any right accrued to HKTDC or you under this
User Agreement prior to such termination or any purchases and/or subscriptions
made prior thereto.
13.
Notices
| 13.1 |
HKTDC
may give notice to you by means of a general notice on BookShop, or
by ordinary mail to your address, by facsimile to your facsimile number
or by electronic mail to your electronic mail address on HKTDC's record.
Any notice sent by a general notice on BookShop or to your facsimile
number or electronic mail address is deemed to be received on the
day sent or 7 days of posting (if sent by post to an address outside
Hong Kong).
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| 13.2 |
You
may give notice to HKTDC by electronic mail to bookshop@tdc.org.hk or ordinary mail
to Hong Kong Trade Development Council, 38/F, Office Tower, Convention
Plaza, 1 Harbour Road, Wanchai, Hong Kong, attention: Business Information
and Training Department or such other address as we may specify from
time to time. |
14.
Entire Agreement
This
User Agreement and the Terms of Use constitute the entire agreement
between HKTDC and you with respect to the subject matter hereof, and supersede
all other written or oral agreements and representations, and any provisions
in any documents sent by either party to the other, with respect to
such subject matter. In the event of inconsistency between this User
Agreement and the Terms of Use, this User Agreement shall prevail.
15. Partial
Invalidity
The
illegality, invalidity or unenforceability of any provision of this
User Agreement under the law of any jurisdiction shall not affect its
legality, validity or enforceability under the laws of any other jurisdiction
nor the legality, validity or enforceability of any other provision.
16. Miscellaneous
No
waiver by either party of any breach under this User Agreement will amount
to a waiver of any other breach. The headings in this User Agreement are
for convenience only and do not affect interpretation.
17.
Governing Law and Jurisdiction
This
User Agreement and the sale and purchase of the publications through BookShop
shall be governed by the law of the Hong Kong Special Administrative Region.
You agree to submit to the non-exclusive jurisdiction of the Hong Kong
courts.
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