| HKTDC MAKES SOURCING
AVAILABLE TO YOU AND BY USING SOURCING, YOU ARE DEEMED TO HAVE ACCEPTED
AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER
AGREEMENT AND THE TERMS OF USE ABSOULTELY.
1. Access
HKTDC may, at its sole
and absolute discretion, prevent or restrict any user from accessing
Sourcing without need to give any reason.
By using Sourcing, you
undertake and warrant that this User Agreement constitutes your
legal, binding and enforceable obligations, and all actions needed
to authorise your entry into and performance of this User Agreement
have been taken.
2. Your Information
You agree to provide
such information as may be reasonably requested by HKTDC in connection
with your use of Sourcing.
You hereby warrant and
represent that all information supplied by you onto HKTDC or HKTDC Affiliates
through Sourcing is complete, true, up-to-date and accurate. HKTDC
and HKTDC Affiliates are entitled to rely on such information.
Although Secure Socket
Layer has been installed on Sourcing, all your information is sent
at your sole risk to HKTDC and open for all users' or public access
without limitation and for avoidance of doubt, unauthorised third
parties may be able to access such information during its transmission.
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 Sourcing
You may only use Sourcing
for your own personal purpose. Except as aforesaid you may not copy,
reproduce, publish, distribute, sell, divert, or, in any way directly
or indirectly in competition with HKTDC, commercially exploit the
Information available on Sourcing. You must not delete or change
any copyright or other proprietary notice on any Information available
from or obtained through Sourcing.
Only a user authorised
by HKTDC and/or such user's authorised employees may use Sourcing.
You may not transfer all or any of your rights or obligations under
this User Agreement to any other person and this User Agreement
is personal to the authorised user.
The copyright and/or
relevant intellectual property rights in the Information is owned
by HKTDC, HKTDC Affiliates or Third Party Providers (as the case may
be). For the avoidance of doubt, all content included in this site,
such as text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and/or software, is the property
and copyright of HKTDC, HKTDC Affiliates or relevant Third Party Providers
(as the case may be). The compilation of all content on this site
is the exclusive property and copyright of HKTDC and/or HKTDC Affiliates
and is protected by relevant local and international copyright laws
and all software used on this site is the property of HKTDC and/or
HKTDC Affiliates and/or the software suppliers and are also protected
by relevant local and international copyright laws.
All graphics, logos,
page headers, button icons, script and service names are trademarks
or trade dress of HKTDC and/or HKTDC Affiliates and HKTDC's trademarks
and/or trade dress shall not be used in connection with any product
or service that is not HKTDC's or HKTDC Affiliates', in any manner that
is likely to cause confusion among public or in any manner that
disparages or discredits HKTDC or HKTDC Affiliates. All other trademarks
not owned by HKTDC or HKTDC Affiliates that appear on this site are
the property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by HKTDC or any HKTDC Affiliates.
HKTDC reserves the
right to suspend the provision of Sourcing if and for so long as
any circumstances (within or beyond our control) occur which prevent
us from being able to provide Sourcing.
The Information, features
or functions which are available to one class of users of Sourcing
may not be available to another class of users. We may group users
into different classes using any criteria we deem fit.
The amount of Information
which may be available to a user during any period:
may from time
to time be limited or changed by us at our sole and absolute discretion
without notice to that user; and
may be different
from that available to another user.
4. Payment
Use of Sourcing is free
of charge. However, HKTDC reserves the right to levy fees or charges
on any of the services comprised in Sourcing or provided by HKTDC.
If HKTDC decides to levy
a charge for any services in relation to Sourcing, we will publish
the amount or rate therefor, identifying the services concerned,
by a general message on Sourcing. By requesting, commencing or continuing
the use of the relevant service at any time after such publication,
you agree to pay HKTDC such charges.
5. Equipment
You are responsible
for providing and maintaining necessary telecommunication lines,
software and equipment to access Sourcing and to retrieve Information
and for all associated costs.
6. Disclaimer &
Limitation of Liability
Use of Sourcing is at
your sole and absolute risk.
HKTDC and the HKTDC Affiliates
do not warrant, guarantee or assume any liability and/or responsibility
that:
The information, statements,
photographs and illustrations appearing in the advertisements and
other sections in this website relating to advertisers and exhibitors
and their products and services are provided by the advertisers
and exhibitors. The placing of such materials by the Hong Kong Trade
Development Council in this website is made in good faith. The Hong
Kong Trade Development Council is not associated in any way with
and is not the agent of the advertisers and exhibitors. The Hong
Kong Trade Development Council makes no representation or warranty
regarding the advertisers and exhibitors, their products or the
potential infringement of any intellectual property rights or other
rights of any third parties and accepts no responsibility, liability
or obligation, in relation to any of the information, statements,
photographs and illustrations appearing in the advertisements and
other sections in this website. Inclusion of any particular advertisement
or other information does not mean that goods or services advertised
or listed therein have the approval of or are endorsed by the Hong
Kong Trade Development Council or comply with applicable laws and
regulations. It is recommended that normal precautions be taken
before any business is transacted with any advertiser or exhibitor.
Correspondence concerning any alleged infringement of any design,
copyright, patent, trademark or other intellectual property rights,
or any non-compliance with any law or regulation, should be addressed
directly to the advertiser or exhibitor concerned and, not the Hong
Kong Trade Development Council.
the Information is accurate,
adequate, true, current or reliable, or may be used for any purpose
other than for general reference, or that any results, losses or
damages whatsoever may be obtained from using the Information;
the Information is free
of defect, error, omission, virus or anything which may change,
erase, add to or damage your software, data, hardware, equipment
or any infringement of intellectual property rights whatsoever;
access to Sourcing will
be available or be uninterrupted; or
defects in Sourcing
will be corrected.
For the avoidance of
doubts you hereby acknowledges that the Sourcing is an internet
related service and is for many reasons, an inherently unreliable
medium of communication and that such unreliability is beyond the
control of HKTDC or HKTDC Affiliates and any access or transactions
over the Sourcing may be subject to interruption, transmission blackout,
internet viruses, unauthorised access, delayed transmission due
to internet congestion or incorrect data transmission due to the
public nature of the Sourcing or internet. You hereby expressly
confirm your understanding that as a result of such unreliability,
there may be errors and/or delays in the transmission and receipt
of your information or the Information and/or unauthorized access
to your personal information, however, with this understanding,
you also consent to HKTDC's and HKTDC Affiliates' use of the internet
to transmit all the information which you have provided to HKTDC or
HKTDC Affiliates.
The Information may
not be regarded as any recommendation or endorsement by HKTDC for
any purpose with respect to any person, product or service.
Without limiting the
foregoing, Sourcing is provided to you on an "AS IS" AND
"AS AVAILABLE" basis. SOURCING 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
WHATSOEVER.
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,
inability to use or unable to gain access, the Information or out
of any computer, telecommunication, electrical or network failure.
You will exercise and
rely solely on your own skill and judgement in your use and interpretation
of the Information available on Sourcing. You are responsible to
ensure that your use of such Information complies with all applicable
legal requirements.
The limitation of liability
contained in this User Agreement will apply to the fullest extent
permitted by applicable and relevant laws.
Without prejudice to
the generality of the foregoing, all enquiries from users of Sourcing
will be transmitted to the relevant Advertiser by (in the case that
the Advertiser has an electronic mail address) electronic mail or
(in the case that the Advertiser does not have an electronic mail
address) facsimile as soon as practicable. HKTDC shall in no circumstances
be liable to the Advertisers or the users of Sourcing or any other
person for any error, delay, omission or inaccuracy in such transmission
howsoever occurs. Each Advertiser and user unconditionally and irrevocably
undertakes that it will not make any claim against HKTDC, its servants
and/or agents for any losses or expenses that it may suffer or incur
as a result of or otherwise in connection with such error, delay,
omission or inaccuracy.
7. Changes to Sourcing
HKTDC may at any time
change or remove the contents or any function, link, aspect of feature,
or change the presentation, of Sourcing including hours of availability
and equipment (hardware and software) needed for access or use.
HKTDC may at any time:
(a) change, add to,
delete or modify any provisions in this User Agreement; and/or
(b) impose new
or increase any charges for the use of Sourcing.
Any change, removal
or addition under this clause above will be effective immediately
upon notice thereof being posted on Sourcing or otherwise given
to you. Any use of Sourcing by you after such notice will constitute
your acceptance of such change, removal, modification, alteration
or addition.
8. Indemnity
You agree to defend,
indemnify and hold us and the HKTDC Affiliates harmless from and against
all liabilities, losses, damages, claims, actions, costs and expenses
(including without limitation legal fees), in connection with or
arising from your breach of any terms or conditions of this User
Agreement and/or Terms of Use and/or your use of Sourcing. We may,
if necessary, participate in the defence of any claim or action
and any negotiation for settlement if any, as the case may be, subject
to the sole and absolute discretion of HKTDC. No settlement which
may adversely affect our rights or obligations shall be made without
our prior written consent and/or approval. We reserve all rights,
at our own expense and on notice to you, to assume exclusive defence
and control of any claim or action.
9. 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 Sourcing and the Website by whatever
means or for what ever reasons. HKTDC and HKTDC Affiliates are not responsible
for examining or evaluating and HKTDC do not warrant any content of
other sites and HKTDC do not assume any responsibility or liability
for the actions, products, and contents of all these and any other
third party.
10. 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 and/or Terms of
Use in our or (as the case may be) their own name against you.
11. Termination
HKTDC may at any time
terminate your access to Sourcing with immediate effect, without
any notice nor need to give any reason. Termination of your right
to access or use Sourcing will not affect any accrued and antecedent
rights of HKTDC or you under this User Agreement and/or Terms of Use
prior to such termination.
12. Notices
HKTDC may give notice
to you by means of a general notice on Sourcing. Any notice sent
by a general notice on Sourcing is deemed to be received by the
users or specified recipients on the day sent.
You may give notice
to HKTDC by electronic mail to enquiry@tdcenterprise.com or ordinary
mail to Hong Kong Trade Development Council, 38/F, Office Tower,
Convention Plaza, 1 Harbour Road, Wanchai, Hong Kong, attention:
Sourcing or such other address as we may specify from time to time.
13. 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 warranties and/or 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.
14. Partial Invalidity
The illegality, invalidity
or unenforceability of any provision of this User Agreement and/or
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 of this User Agreement and/or Terms of Use.
15. Miscellaneous
No waiver by either
party of any breach under this User Agreement and/or Terms of Use
will amount to a waiver of any other breach. The headings in this
User Agreement and/or Terms of Use are for convenience only and
do not affect interpretation.
We reserve the right
to make changes to our site, policies, and any terms and conditions
in this User Agreement and/or Terms of Use at any time without notice.
16. 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. |