User Agreement for HKTDC Global Contacts

HKTDC MAKES Global Contacts AVAILABLE TO YOU SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND THE TERMS OF USE.

1. Application

1.1 HKTDC may reject any application to use Global Contacts without need to give any reason.
1.2 By making an application, you warrant that:

(a) all actions needed to authorise your entry into and performance of this User Agreement have been taken; and
(b) this User Agreement constitutes your legal, binding and enforceable obligations; and
(c) the information in or provided in respect of your application is true, complete and current.

1.3 Your application may be accepted by HKTDC by communicating your User ID and Password by electronic mail or other means to you.

1.4 You confirm to HKTDC that you are a company or firm registered in Hong Kong with permanent operation address and contact details in Hong Kong and are actively engaged in business activities such as business negotiations, marketing, material sourcing and manufacturing and all contact person(s) designated by you from time to time for the purpose of this User Agreement are your principals, directors or employees. You agree to provide HKTDC such information as may be reasonably requested by HKTDC (including documentation relating to trade financing and shipment) for the purpose of verifying the correctness of your aforesaid confirmation.

2. Your Information

2.1 You agree to provide such information as may be reasonably requested by HKTDC for the purpose of processing your application and establishing the means by which your payments will be made.
2.2 Although Secure Socket Layer has been installed on Global Contacts, all your information (including if applicable 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.
2.3 You agree to notify HKTDC promptly if there is any change in your telephone number, address, electronic mail address and payment information details such as credit card account numbers, expiry dates and other details. Any such notification which correctly identifies your User ID is binding on you, and may be accepted and acted on by HKTDC without any verification or enquiry.
2.4 You agree to the use and disclosure of your information in the manner set out in our Privacy Policy Statement (as updated from time to time).

3. Usage of Global Contacts

3.1 You may only use Global Contacts 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. You must not delete or change any copyright or other proprietary notice on any Information.
3.2 Only a user authorised by HKTDC and such user's employees may use Global Contacts. 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 User ID or Password.
3.3 The copyright in the Information is owned by HKTDC, HKTDC Affiliates or Third Party Providers (as the case may be).
3.4 HKTDC reserves the right to suspend the provision of Global Contacts if and for so long as any circumstances occur which prevent us from being able to provide Global Contacts.
3.5 The Information, features or functions which are available to one class of users of Global Contacts may not be available to another class of users. We may group users into different classes using any criteria we deem fit.
3.6 The amount of Information which may be available to a user during any period:

(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.

4. Payment

4.1 Global Contacts offers fee-based services. You agree to pay all charges, minimum charges and other charges (if any) incurred by the use of your User ID and Password (by any person) at rates and in accordance with the billing terms in effect during each period in which the charges are incurred. You are responsible for all taxes relating to your use of Global Contacts. Your payments to HKTDC are nonrefundable and must be made in full without deduction, set-off or counterclaim.
4.2 HKTDC's record of the charges accrued by the use of your User ID and Password is, save to the extent of manifest error, conclusive and binding on you.
4.3 HKTDC will provide you with your billing statement online or by other means showing the charges incurred by the use of your User ID and Password (by any person). Without prejudice to the clause immediately above, you must raise any objection to an item in your billing statement by written notice to HKTDC (which must contain reasonable details of your objection) within 7 calendar days after the issue of the billing statement to you.
4.4 You will pay to HKTDC an additional charge at the flat rate of 2% per month on the amount of any charges incurred for your account and which are unpaid after the due date.
4.5 You authorise us to bill all charges incurred by the use of your User ID and Password to your credit, debit or charge card account, or bank account on HKTDC's record.
4.6 HKTDC may charge for any services in relation to Global Contacts and will publish the amount or rate therefor, identifying the services concerned, by a general message on Global Contacts. By requesting, commencing or continuing the use of the relevant service at any time after such publication, you agree to pay HKTDC such charges.
4.7 Your access to Global Contacts 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 the use of your User ID through your credit card account and/or recover such amount from you as a debt due to HKTDC. Your access to Global Contacts will not be restored until all such charges have been paid to HKTDC.
4.8 You will by yourselves pay for all amounts payable in respect of Global Contacts. You confirm to HKTDC that no third party will pay for your use of Global Contacts or in any way has any interest in your use of Global Contacts.

5. Equipment

You are responsible for providing and maintaining necessary telecommunication lines, software and equipment to access Global Contacts and to retrieve Information and for all associated costs.

6. User ID and Password

6.1 Your User ID and Password may be provided by HKTDC to you, at your risk, by electronic mail or other means. You are solely responsible for protecting the confidentiality of your User ID and Password and against any unauthorised use.
6.2 For your protection, you should after receipt immediately change the Password assigned to you by HKTDC.
6.3 Your User ID may not be changed without HKTDC's prior consent or authorization.

7. Disclaimer & Limitation of Liability

7.1 Use of Global Contacts is at your sole risk.
7.2 HKTDC and the HKTDC Affiliates do not warrant, guarantee or assume any responsibility that:

(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;
(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 Global Contacts will be available or be uninterrupted; or
(d) defects in Global Contacts will be corrected.

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.
7.4 Without limiting the foregoing, Global Contacts is provided to you on an "AS IS" AND "AS AVAILABLE" basis. Global Contacts 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.
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.
7.6 You will exercise and rely solely on your own skill and judgement in your use and interpretation of the Information. You are responsible to ensure that your use of such Information complies with all applicable legal requirements (including those come into force after the date hereof).
7.7 The limitation of liability contained in this User Agreement will apply to the fullest extent permitted by applicable laws.

8. Changes to Global Contacts

8.1 HKTDC may at any time change or remove the contents or any function, aspect of feature, or change the presentation, of Global Contacts including hours of availability and equipment (hardware and software) needed for access or use.
8.2 HKTDC may at any time:

(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 raise new charges.

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 Global Contacts or otherwise given to you. Any use of Global Contacts 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 Global Contacts. 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 Global Contacts 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

You may terminate this User Agreement by not less than 30 days' prior notice in writing (including through electronic mail) to HKTDC. HKTDC may at any time terminate this User Agreement by notice to you with immediate effect, without need to give any reason. Termination of this User Agreement automatically terminates your right to access or use Global Contacts, but will not affect any right accrued to either party under this User Agreement prior to such termination.

13. Notices

13.1 HKTDC may give notice to you by means of a general notice on Global Contacts, 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 Global Contacts 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).
13.2 You may give notice to HKTDC by electronic mail to globalcontacts@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: Global Contacts 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 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.

18. Chinese Version

If there is any conflict or difference between the Chinese version of this User Agreement and its English version, the English version prevails. If any part of the Chinese version is unclear, reference should be made to the English version. The Chinese version may not be translated into English for the purpose of comparing with or interpreting the English version.