| 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.  |  |