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My Virtual Office - User Agreement |
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IMPORTANT
READ THIS USER AGREEMENT FIRST BEFORE YOU USE MY VIRTUAL OFFICE
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TDC MAKES MY VIRTUAL OFFICE AVAILABLE TO YOU SUBJECT TO THE TERMS AND CONDITIONS
OF THIS USER AGREEMENT AND THE TERMS OF USE.
1. Application
| 1.1 | TDC may reject
any application to use MY VIRTUAL OFFICE without need to give any reason.
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| 1.2 | By making an application,
you warrant that: |
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| 1.3 | Your application may be accepted by TDC by communicating your Logon ID and Password by electronic mail or other means to you. |
2. Your Information
| 2.1 | You agree to provide
such information as may be reasonably requested by TDC for the purpose
of processing your application. |
| 2.2 | Although Secure
Socket Layer has been installed on MY VIRTUAL OFFICE, all your information
(including those relating to your credit card account, bank account and
your personal data) is sent at your sole risk to TDC. |
| 2.3 | You
agree to notify TDC promptly if there is any change in your telephone
number, address, electronic mail address and credit card account numbers,
expiry dates and details. Any such notification which correctly identifies
your Logon ID is binding on you, and may be accepted and acted on by TDC
without any verification or enquiry. |
| 2.4 | The information
provided in your application excluding your credit card account details
may be used by TDC for the purposes of incorporation in any database operated
by TDC (any may therefore become available to the public for use by them)
and sending any promotional and other material to you. |
3. Usage of MY VIRTUAL OFFICE
3.1 You may only use MY VIRTUAL OFFICE for your own personal purpose. Except as aforesaid you may not copy, reproduce, publish, distribute, sell or, in anyway directly or indirectly in competition with TDC, commercially exploit the Information available on MY VIRTUAL OFFICE. You must not delete or change any copyright or other proprietary notice on any Information available from or through MY VIRTUAL OFFICE.
3.2 You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Information in any way for any public or commercial purpose without our prior written consent. You may not use the Information contained in the Website on any other website or in a networked computer environment for any purpose. Any Information contained in the Website consisting of downloadable software may not be reverse engineered, unless specifically authorized by us or permitted by law. If you violate any of these terms, your permission to use the Information on the Website will automatically terminate, you must immediately destroy any copies you have made of the Information, and we may end your authorization to use MY VIRTUAL OFFICE.
3.3 Only a user authorised by TDC and such user's employees may use MY VIRTUAL OFFICE. 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 Logon ID or Password.
3.4 The copyright in the Information is owned by TDC, TDC Affiliates or Third Party Providers (as the case may be). You should assume that all Information that you see or read on the Website which was not furnished by or received from you is copyrighted unless otherwise noted.
If a party claims that you are committing copyright infringement, we may, upon proper notification of such infringement, remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity. However, we will not remove or disable access to material if such action is prohibited by law. Proper notification is notice that includes a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed, that identifies the copyrighted work(s) that is claimed to have been infringed, that identifies material that is claimed to be infringing or to be the subject of infringing activity, and that provides information reasonably sufficient to allow us to locate the material.
3.5 TDC reserves the right to suspend the provision of MY VIRTUAL OFFICE if and for so long as any circumstances occur which prevent us from being able to provide MY VIRTUAL OFFICE.
3.6 The Information, features or functions which are available to one class of users of MY VIRTUAL OFFICE may not be available to another class of users. We may group users into different classes using any criteria we deem fit.
3.7 The amount of Information and type of Services 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 Use of My Virtual Office is free of charge. However, TDC reserves the right to levy fees or charges on any of the services comprised in MY VIRTUAL OFFICE.
4.2 If TDC decides to levy a charge for any services in relation to MY VIRTUAL OFFICE , TDC will publish the amount or rate therefor, identifying the services concerned, by a general message on MY VIRTUAL OFFICE. By requesting, commencing or continuing the use of the relevant service at any time after such publication, you agree to pay TDC such charges.
4.3
Magically Inc. makes available certain additional premium services available through MY VIRTUAL OFFICE, for which Magically Inc. will charge service fees directly to you. Then services are provided on the terms set by Magically Inc. Under no circumstances will TDC be responsible for services provided by Magically Inc.
5. Equipment
You are responsible for providing and maintaining necessary telecommunication lines, software and equipment to access MY VIRTUAL OFFICE and to retrieve Information and for all associated costs.
6. Logon ID and Password
Your Logon ID and Password are input by yourself, at your risk, by electronic mail or other means to acknowledge your application. You are solely responsible for protecting the confidentiality of your Logon ID and Password and against any unauthorised use.
7. Disclaimer & Limitation of Liability
7.1 Use of MY VIRTUAL OFFICE is at your sole risk.
7.2 TDC and the TDC 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 MY VIRTUAL OFFICE will be available or be uninterrupted; or ( d ) defects in MY VIRTUAL OFFICE will be corrected.
7.3 The Information may not be regarded as any recommendation or endorsement by TDC for any purpose with respect to any person, product or service.
7.4 Without limiting the foregoing, MY VIRTUAL OFFICE is provided to you on an "AS IS" AND "AS AVAILABLE" basis. MY VIRTUAL OFFICE 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 available on MY VIRTUAL OFFICE. You are responsible to ensure that your use of such Information complies with all applicable legal requirements.
7.7
The limitation of liability contained in this User Agreement will apply to the fullest extent permitted by applicable laws.
8. Changes to MY VIRTUAL OFFICE
| 8.1 | TDC may at any
time change or remove the contents or any function, aspect of feature,
or change the presentation, of MY VIRTUAL OFFICE including hours of availability
and equipment (hardware and software) needed for access or use. |
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| 8.2 | TDC
may at any time: |
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| (a) | change, add to, delete or modify any provisions in this User Agreement these Conditions; and | |
| (b) | change the amount
or method of calculation of the charges payable by you or raise new charges.
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| 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 MY VIRTUAL OFFICE or otherwise given to you. Any use of MY VIRTUAL OFFICE by you after such notice will constitute your acceptance of such change, removal or addition. | |
| 8.4 |
TDC does not guarantee that the services presently offered as part of MY VIRTUAL OFFICE will not be changed, substituted or ceased. |
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9. Indemnity
You agree to defend, indemnify and hold us and the TDC 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 MY VIRTUAL OFFICE. 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 MY VIRTUAL OFFICE and the Website.
In addition, users can explicitly define a link to appear within our frame using hypertexted code. As we do not have access to what is contained in files or other data uploaded by and stored in an individual user's account (“User Data”) and cannot control whether a user opens a third-party website in our frame or in another window, we are not liable for any such framing by users. We do not monitor or exercise editorial control over the content of the User Data, and will not access or examine User Data unless such access or examination is required by law.
11. Affiliates
This User Agreement is for the benefit of us and our Affiliates, and each of us has the right to enforce this User Agreement in our 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 TDC. TDC 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 MY VIRTUAL OFFICE, but will not affect any right accrued to either party under this User Agreement prior to such termination.
13. Notices
| 13.1 | TDC may give notice
to you by means of a general notice on MY VIRTUAL OFFICE, or by ordinary
mail to your address, by facsimile to your facsimile number or by electronic
mail to your electronic mail address on TDC's record. Any notice sent
by a general notice on MY VIRTUAL OFFICE 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 TDC by electronic mail to [help@hktdc.com]
or ordinary mail to Hong Kong Trade Development Council, 38/F, Office
Tower, Convention Plaza, 1 Harbour Road, Wanchai, Hong Kong, attention:
[TDCTRADE.COM] or such other address as we may specify from time to time. |
| 13.3 | If you want to
send us notices regarding alleged copyright infringement appearing in
MY VIRTUAL OFFICE, you should send the notice to us in accordance with
Clause 13.2 and also to Magically Inc. as follows: Magically, Inc. 200 Main Street, Suite 21B Redwood City, CA 94063 Phone: 650-363-2489 Fax: 650-298-8468 Email: michelle@magicaldesk.com |
This User Agreement and the Terms of Use constitute the entire agreement between TDC 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.
PERSONAL INFORMATION COLLECTION STATEMENT
1. Privacy Policy Statement
For general information about TDC's privacy policies and practices, please refer to our Privacy Policy Statement. For information on our use of cookies, please also refer to our Privacy Policy Statement.
2. Purpose for Collection of Personal Data
The main purposes for which personal data has been collected and may be used by us are those set forth in our Privacy Policy Statement including, without limitation, the following:
3. Direct Marketing
From time to time, we may conduct direct marketing of TDC's other products or services via faxes or e-mails to you. You may choose to opt-out of receiving such promotional material.
In order to fully enjoy the services of the Website, we encourage you to receive such promotional materials which have been specially prepared for you.
4. Requests, Questions and Complaints
Data access or correction requests and questions or complaints should be addressed to:
Data Privacy Officer  |
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