Terms of Use
"China" |
|
refers
to the Chinese mainland unless otherwise specified on the Website |
|
"Information" |
|
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 |
|
"personal
data"
|
|
personally
identifying information or sensitive data (including but not
limited to names, ages, addresses, occupations, contacts, other
personal details and credit card information) |
|
"Services"
|
|
services
include The Cyber Marketplace, Sourcing, Trade
Fairs, Business Stat-Online, SME News Flash, SME Forum, the
HKTDC Research, CyberCampus, Exhibitor Online Application and
such other services as may be offered from time to time on the
Website |
|
"HKTDC",
"we", "our" or "us"
|
|
Hong
Kong Trade Development Council |
|
"HKTDC
Affiliates", " Our Affiliates" |
|
HKTDC's
agents or licensors, and their respective agents, officers,
affiliates and employees
|
|
"Terms
of Use" |
|
the
terms of use set forth below as amended from time to time |
|
"Third
Party Provider" |
|
any
provider of Information or services on the Website other than
HKTDC |
|
"users",
"you" or "your"
|
|
any
person who accesses the Website |
|
"Website"
|
|
www.hktdc.com,
including the Services offered therein, and any other website(s)
from time to time hosted or linked up by HKTDC
|
|
PLEASE
READ THE TERMS OF USE SET FORTH BELOW, AS THEY APPLY TO YOUR USE
OF THE WEBSITE.
YOUR USE OF THE WEBSITE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS
OF USE AND AGREEMENT TO BE BOUND BY THEM AND ANY AND ALL OTHER APPLICABLE
TERMS REFERENCED HEREIN ABSOLUTELY.
|
|
1. Changes
to Website
We
may, in our sole discretion and at any time, without notice to you,
add to, amend or remove any Information from the Website, or alter
the presentation, substance, or functionality of the Website.
|
2.
Change of Terms
We may amend
the Terms of Use from time to time in our sole discretion without
notice or liability to you. By continuing to use the Website following
such amendments to the Terms of Use, you agree to be bound by
such amendments.
In addition
to these Terms of Use, the use of Services offered on the Website
may be subject to further terms and conditions. Specifically:
In the event of any conflict, the specific Services terms and conditions
shall prevail over these Terms of Use.
|
3. User's
Conduct
As a condition
of your use of the Website, you must not:
- trespass,
break into, access, use or attempt to trespass, break into,
access or use any other parts of our servers, and/or any data
areas for which you have not been authorised by us;
- restrict
or inhibit any other user from using and enjoying the Website;
- post or
transmit any unlawful, fraudulent, libellous, defamatory, obscene,
pornographic, profane, threatening, abusive, hateful, offensive,
or otherwise objectionable or unreasonable Information of any
kind, including without limitation any transmissions constituting
or encouraging conduct that may constitute a criminal offence,
give rise to civil liability, or otherwise violate any local,
state, national or foreign law;
- post or
transmit any advertisements, solicitations, chain letters, pyramid
schemes, investment opportunities or schemes or other unsolicited
commercial communication, or engage in spamming or flooding;
- post or
transmit any Information or software which contains any virus,
trojan horse, worm or other harmful component;
- post, publish,
transmit, reproduce, distribute or in any way exploit any Information
obtained through the Website for commercial purposes; or
- upload,
post, publish, transmit, reproduce, or distribute in any way,
Information obtained through the Website which is protected
by copyright, or other proprietary right, or create derivative
works with respect thereto, without the prior written permission
of the copyright owner or rightholder.
You have no
rights in or to the Information available on the Website and you
will not use the Information available on the Website in any manner
or for any purpose, except as permitted under these Terms of Use.
|
4.
Access
We reserve
the right at all times to prohibit or deny your access to the
Website or any part thereof immediately and without notice, where
we are of the opinion that you have breached any of the terms
contained in the Terms of Use or that such prohibition or denial
is appropriate, desirable or necessary in our sole discretion.
Whilst we
implement appropriate security measures to control access to the
Website (please see our Privacy
Policy Statement for further details), you must keep your
log-in details (if any) confidential and ensure that only you
or your authorized employees access the Services for proper purposes.
|
5. Third
Party Information
The
Information may contain Information provided by Third Party Providers
or sourced by HKTDC from other references or sources. The Information
on the Website may not be regarded as any recommendation or endorsement
by HKTDC for any purpose with respect to any person, product or service.
HKTDC
is not responsible if any such Information is not uptodate; HKTDC
does not separately verify such Information. Accordingly we do not
accept any responsibility whatsoever in respect of such Information.
Any use of and reliance on such Information is at your own risk.
In
particular, the views, comments and opinions expressed in the SME
Forum do not represent the views of or any endorsement by HKTDC. You
are cautioned as to the reliability and accuracy of opinions expressed
in these columns.
|
6. Links
to and from the Website
The
links on the Website may take you to other sites and you acknowledge
and agree that HKTDC and the HKTDC Affiliates have no responsibility
for the accuracy or availability of any Information provided by
linked websites.
Links
to other websites do not constitute an endorsement by HKTDC of such
websites or the Information, products, advertising or other materials
available on those websites.
|
7. 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 these Terms of Use and/or
your use of the Website. 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.
|
8. Intellectual Property Rights
All
intellectual property rights subsisting in respect of the Website
belong to HKTDC or have been lawfully licensed to HKTDC for use
on the Website. All rights under applicable laws are hereby reserved.
Except with the express permission of HKTDC, you are not allowed
to upload, post, publish, reproduce, transmit or distribute in
any way any component of the Website itself or create derivative
works with respect thereto, as the Website is copyrighted under
applicable laws.
You agree that we are free to use, disclose, adopt and modify
all and any ideas, concepts, knowhow, proposals, suggestions,
comments and other communications and information provided by
you to us ("Feedback") in connection with the Website and/or your
use of the Services without any payment to you. You hereby waive
and agree to waive all and any rights and claims for any consideration,
fees, royalties, charges and/or other payments in relation to
our use, disclosure, adoption and/or modification of any or all
of your Feedback.
HKTDC
is very serious about IPR infringement and has established guidelines
to handle such cases. Please refer to our IPR
Complaint Procedure and Guidelines.
|
9. Limited
Liability and Warranty
All
Information is for your general reference only. HKTDC do not accept
any responsibility whatsoever in respect of such Information.
YOUR
ACCESS TO AND USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED
"AS IS," "AS AVAILABLE." THE WEBSITE IS FOR YOUR PERSONAL USE ONLY
AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY
OR FITNESS FOR ANY PARTICULAR PURPOSE.
OUR
ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE WEBSITE
OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES. IN JURISDICTIONS
WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES
OF LIABILITY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL,
PRODUCT OR SERVICE OFFERED THROUGH US OR OUR WEBSITE. WE ARE NOT
AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD
PARTY.
Neither
HKTDC nor any of the HKTDC Affiliates shall guarantee or assume any
responsibility that :
- the Information
on the Website is accurate, adequate, current or reliable, or
may be used for any purpose other than for general reference;
- the Information
on the Website is free of defect, error, omission, virus or
anything which may change, erase, add to or damage your software,
data or equipment;
- messages
sent through the internet including in connection with the Services
will be free from interception, corruption, error, delay or
loss;
- access
to the Website will be available or be uninterrupted;
- use of
the Website or Services will achieve any particular result;
or
- defects
in the Website will be corrected.
Without
limiting the generality of the foregoing, in no event will the
HKTDC or the HKTDC Affiliates be liable to you or any other person
for any direct, indirect, incidental, special, punitive or consequential
loss or damages, including any loss of business or profit, arising
out of any use, or inability to use, the Information or the Services,
even if HKTDC or the HKTDC Affiliates have been advised of the
possibility of such loss or damages.
You will exercise and rely solely on your own skill and judgment
in your use and interpretation of the Information and use of the
Services. You are responsible to ensure that your use of the Information
and the Services complies with all applicable legal requirements.
Without
prejudice to the foregoing, if your use of the Services does not
proceed satisfactorily and/or where applicable you do not receive
appropriate responses to such use from HKTDC as set out in these
Terms of Use or the applicable terms according to clause 1.2 above
or otherwise, you are advised to contact us by email to hktdc@hktdc.org
or by telephone at 852-1830668. No such lack of response shall
be deemed to constitute any acquiescence or waiver.
The
limitation of liability contained in these Terms of Use will apply
to the fullest extent permitted by applicable laws.
|
10. Privacy
Policy
For
information about our privacy policies and practices, please refer
to our Privacy Policy Statement.
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). Where personal data is collected in connection with the Services,
you should also have reference to the relevant user agreements linked
to the form through which your personal data is collected.
For
information on our use of cookies, please also refer to our Privacy
Policy Statement.
|
11.
Partial Invalidity
The
illegality, invalidity or unenforceability of any provision of these
Terms of Use 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.
|
12.
Several Users
If
there are two or more persons adhering to these Terms of Use as
user, their liability under the Terms of Use is joint and several,
and their rights are joint.
|
13.
Miscellaneous
No
waiver of any breach under these Terms of Use will amount to a waiver
of any other breach. The headings in these Terms of Use are for
convenience only and do not affect interpretation.
|
14.
TERMINATION
We
may, in our sole discretion and at any time, without prior notice
to you and without cause, terminate all or any part of our Services
to you and consequentially prohibit your right to access to the
Services and remove the information and data contained in your free-email
account.
|
15.
Governing Law and Jurisdiction
These
Terms of Use 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.
|
16.
Chinese Version
If
there is any conflict or difference between the Chinese version
of the Terms of Use 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.
|
|