In this User Agreement: |
"HKTDC Research"
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means an online information, purchase and subscription service provided by HKTDC, comprising certain free Information and for the purchase or subscription of various reports or articles of HKTDC, or such other new, changed, replacement or alternative services as provided by HKTDC from time to time, whether provided through HKTDC’s portal, Website or in form of Digital Application, or provided to mobile phones |
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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 HKTDC Research |
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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, www.hktdc.com/research, research.hktdc.com and other website(s) from time to time hosted by HKTDC |
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"Digital Application"
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Means digital application edition of HKTDC Research or other digital application(s) from time to time published by HKTDC |
the singular includes the plural and vice versa;
the expressions "including", "for example" and similar expressions are not words of limitation;
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
references to time are, unless otherwise stated, to Hong Kong time.
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HKTDC MAKES HKTDC Research AVAILABLE TO YOU SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND THE TERMS OF USE. THE TERMS AND CONDITIONS APPLY TO HKTDC Research OBTAINED THROUGH HKTDC’S PORTAL, WEBSITE, OR PROVIDED IN FORM OF DIGITAL APPLICATION, OR PROVIDED TO MOBILE PHONES.
1. Access |
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1.1 |
HKTDC may prevent or restrict any user from accessing HKTDC Research without need to give any reason. |
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1.2 |
By using HKTDC Research, you warrant that:
( 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 registration, purchase or subscription of the reports or articles is true, complete and current. |
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2. Your Information |
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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 HKTDC Research, processing your purchase and/or subscription of items and/or service provided by HKTDC Research 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 HKTDC Research, 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 other personal data. 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 that when you visit any of the Websites or use any of the Digital Application, HKTDC may collect website and application usage information (which may include your reading history and any advertisements you may have viewed), and information about your computer or other digital device and your internet connection. Such information includes your computer's or digital device’s IP address, the type and version of browser and operating system you use, your internet domain and, if you have visited via a link from another website, the URL of the linking page. Such information may be used by HKTDC or provided to its contractor(s) for conducting research and analysis for HKTDC. |
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2.5 |
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). |
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3. Usage of HKTDC Research |
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3.1 |
You may only use HKTDC Research for your own internal and non-commercial 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 and Digital Application available on HKTDC Research. In particular, you may not -re-sell any items purchased on HKTDC Research. You must not delete or change any copyright or other proprietary notice on any Information available from or through HKTDC Research. |
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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 Login ID or Password (if applicable). |
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3.3 |
The copyright and/or relevant intellectual property rights in the Information and Digital Application is owned by HKTDC, HKTDC Affiliates or Third Party Providers (as the case may be). For the avoidance of doubt, all content, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and/or software, that are available on HKTDC Research are the properties of and their copyrights belong to HKTDC, HKTDC Affiliates or relevant Third Party Providers (as the case may be). The compilation of all content available on HKTDC Research is the exclusive property of and its copyright belongs to HKTDC and/or HKTDC Affiliates or Third Party Providers (as the case may be) and is protected by relevant local and international copyright laws. All software used on HKTDC Research is the property of HKTDC and/or HKTDC Affiliates and/or the software suppliers and is also protected by relevant local and international copyright laws. |
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3.4 |
All graphics, logos, page headers, button icons, script and service names related to the HKTDC Research are trademarks or trade dress of HKTDC and/or HKTDC Affiliates, and shall not be used in connection with any Information or service that is not provided by HKTDC or HKTDC Affiliates, or in any manner that is likely to cause confusion among public or in any manner that disparages or discredits HKTDC or HKTDC Affiliates. |
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3.5 |
Our obligations to provide HKTDC Research will be suspended if and for so long as any circumstances occur which prevent us from being able to provide HKTDC Research. |
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3.6 |
The Information, features or functions which are available to one class of users of HKTDC Research 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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3.7 |
Third Party Provider may be changed from time to time without prior notice. |
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3.8 |
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; |
( b ) |
may be different from that available to another user; and |
( c ) |
may be different as between Website, Digital Application and any other supporting platform or device of HKTDC Research. |
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4. Payment |
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4.1 |
Access to some HKTDC Research content may be subject to a fee. All payments must be made in advance in Hong Kong currency or US currency. The price listed on the Website and/or Digital Application may be subject to additional costs, including any service fees charged by the payment service provider, taxes or due to exchange rate. |
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4.2 |
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 HKTDC Research. Your payments to HKTDC must be made in full without deduction, set-off or counterclaim. |
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4.3 |
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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4.4 |
Your online purchase and subscription to HKTDC Research may be paid by credit, debit or charge card acceptable to HKTDC, by payment method acceptable to online payment service provider(s) appointed by HKTDC or by mailing a cheque to us enclosing a copy of your purchase order (except for the purchase of HKTDC Research articles where payment by cheque is not applicable). 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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4.5 |
You may pay through third party online payment service providers, including In-App Purchase provided by Apple Inc. In that event, you will also enter into contract with such third party online payment service providers. HKTDC shall not be held liable with respect to your transactions, loss, or disclosure of information in relation to such services provided by the online payment service providers. |
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4.6 |
HKTDC may charge for any services and/or reports and articles in relation to HKTDC Research and will publish the amount or rate therefor, identifying the services and/or reports and articles concerned, by a general message on HKTDC Research, Website or Digital Application. By requesting, commencing or continuing the use of the relevant service or purchasing/subscribing to such reports and articles at any time after such notification, you agree to pay HKTDC such charges. |
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4.7 |
Your access to HKTDC Research 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 HKTDC Research will not be restored until all such charges have been paid to HKTDC. |
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4.8 |
HKTDC may from time to time prescribe a minimum mailing order amount applicable to the purchase and/or subscription of reports or articles from HKTDC Research. |
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4.9 |
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. |
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5. Equipment |
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5.1 |
You are responsible for providing and maintaining necessary telecommunication lines, software and equipment to access HKTDC Research and for all associated costs. |
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5.2 |
HKTDC may change supporting platform and/or device, for the Website or Digital Application, through which HKTDC Research is available. |
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6. Login ID and Password |
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6.1 |
You agree to immediately notify HKTDC if you become aware of the loss, theft or unauthorised use of any password, Login ID or email address related to HKTDC Research. You agree to provide HKTDC with accurate, complete registration information and inform HKTDC of any changes to such information. For the purpose of confirming your compliance with these Terms, HKTDC reserves the right to monitor and record activity on the Website and Digital Application, including access to HKTDC Research. |
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6.2 |
Certain areas or features of the HKTDC Research, Website and/or Digital Application may only be opened to registered users. You are solely responsible for protecting the confidentiality of your Login ID and Password and against any unauthorised use. |
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6.3 |
Each Login ID and subscription is for your own use only. You agree not to share your Login ID or Password with any other person, or share or transfer your subscription. HKTDC does not allow multiple users (networked or otherwise) to access the HKTDC Research, Website and/or any Digital Application through a single Login ID and Password. HKTDC may cancel or suspend your access to the HKTDC Research, Website and/or Digital Application without prior notice for your violation of this clause, without any liability or further obligation to you. |
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6.4 |
You agree to validate and complete your registration before using the HKTDC Research service you subscribed. HKTDC may limit or suspend your access to HKTDC Research before the registration is validated and completed. |
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7. User-Created Content |
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The Website and Digital Application may include comments capability, discussion groups and other public areas or features that allow feedback to HKTDC Research and interaction between users and HKTDC Research representatives. You are responsible for all content you post on the Website and/or Digital Application. You agree to comply with the HKTDC Research Comment Policy when using any of the above features. |
8. Disclaimer & Limitation of Liability |
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8.1 |
Use of HKTDC Research is at your sole risk. |
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8.2 |
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. In particular, HKTDC reserves the right to change the prices for the items available in HKTDC Research 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 HKTDC Research will be available or be uninterrupted; |
( d ) |
defects in HKTDC Research will be corrected; |
( e ) |
the items purchased or subscribed may not be lost in the delivery; or |
( f ) |
the items purchased or subscribed may be delivered according to the delivery schedule. |
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8.3 |
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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8.4 |
Without limiting the foregoing, HKTDC Research is provided to you on an "AS IS" AND "AS AVAILABLE" basis. HKTDC Research 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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8.5 |
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, reports or articles from HKTDC Research. |
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8.6 |
You will exercise and rely solely on your own skill and judgement in your use and interpretation of the Information and/or the reports or articles available from HKTDC Research. You are responsible to ensure that your use of such Information and/or the reports and/or articles available from HKTDC Research complies with all applicable legal requirements. |
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8.7 |
HKTDC will mail to you the hard copy reports purchased by you by ordinary mail, and HKTDC does not warrant, guarantee or undertake that the hard copy reports purchased 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 hard copy reports, and HKTDC shall not be responsible for any default, delay, failure or error in any mailing services. The digital copies (PDF) or hard copies of the reports received by you may be slightly adjusted and not identical to the articles as found on the Website. |
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8.8 |
HKTDC will send a hyperlink to the digital copy (PDF) of the item purchased or subscribed by you by email, and HKTDC does not warrant, guarantee or undertake that the item 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 email delivery of such item, and HKTDC shall not be responsible for any default, delay, failure or error in email delivery.
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8.9 |
The limitation of liability contained in this User Agreement will apply to the fullest extent permitted by applicable laws.
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9. Changes to HKTDC Research |
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9.1 |
HKTDC may at any time change or remove the contents or any function, aspect of feature, or change the presentation, of HKTDC Research, the Website or Digital Application, including hours of availability and equipment (hardware and software) needed for access or use. |
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9.2 |
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 impose new charges. |
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9.3 |
Any change, removal or addition under Clauses 9.1 or 9.2 above will be effective immediately upon notice thereof being posted on HKTDC Research, the Website or Digital Application, or otherwise given to you. Any use of HKTDC Research by you after such notice will constitute your acceptance of such change, removal or addition. |
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10. Indemnity |
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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 HKTDC Research. 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. |
11. Hyperlinks |
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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 HKTDC Research, the Website or Digital Application. |
12. Affiliates |
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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. |
13. Termination |
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HKTDC may at any time terminate or suspend your access to and/or use of all or part of the HKTDC Research, Website and/or Digital Application (including any Information therein) with immediate effect, without need to give any reason. Termination of your right to access or use HKTDC Research 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. |
14. Changes to HKTDC Research |
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14.1 |
HKTDC may give notice to you by means of a general notice on HKTDC Research, the Website or Digital Application, 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 HKTDC Research, the Website or Digital Application or to your facsimile number or electronic mail address is deemed to be received on the day sent or 7 working days of posting. |
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14.2 |
You may give notice to HKTDC by electronic mail to research_enquiry@hktdc.org or ordinary mail to Hong Kong Trade Development Council, 38/F, Office Tower, Convention Plaza, 1 Harbour Road, Wan Chai, Hong Kong, attention: Marketing and Customer Service Department or such other address as we may specify from time to time. |
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15. Entire Agreement |
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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. |
16. Partial Invalidity |
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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. |
17. Miscellaneous |
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17.1 |
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. |
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17.2 |
This User Agreement is provided in English and Chinese versions. If there is any inconsistency or difference between the Chinese and the English versions, the English version will prevail. |
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18. Governing Law and Jurisdiction |
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This User Agreement and the sale and purchase from HKTDC Research and subscription from HKTDC Research and any use thereof 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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