In this Terms & Conditions unless the contrary intention appears the following definition(s) apply:

• "Advertisements" print advertisements and/or online advertisements accepted for publication by HKTDC on Publication and/or the HKTDC website
• "Advertisers" any person and/or company and/or business who place Advertisements on Publication and/or the HKTDC website
• "Publication" any publication published or owned by HKTDC on which Advertisements provided by Advertisers are published with HKTDC's permission
• "HKTDC" Hong Kong Trade Development Council
• "HKTDC website" "www.hktdc.com" or any other Internet website operated by HKTDC on which Advertisements provided by Advertisers are published with HKTDC's permission

All Advertisers must be legally and validly registered companies or businesses either in Hong Kong Special Administrative Region or in their country of origin. HKTDC reserves its rights to (i) require Advertisers to produce a copy of their business registration certificate, certificate of incorporation or other company or business registration documents at any time and (ii) refuse to accept an Advertisement order if such documents are not provided by the Advertisers.

Registration is required by completing an application form specified by HKTDC.
HKTDC reserves the right to reject any unqualified applicants at its sole and absolute discretion.

HKTDC shall have the right at its sole and absolute discretion to:

HKTDC makes no representation to the Advertiser as to the quality of the Publication and/or the HKTDC website (whether in respect of paper type, colour, resolution, download time, layout presentation or otherwise) and HKTDC shall not be liable to the Advertiser in respect of all or any respect of the quality or otherwise of the Publication and/or the HKTDC
website.

HKTDC only provides a communication platform for Advertisers to receive and reply visitors' enquiries. HKTDC shall in no circumstances be liable to the Advertiser or the visitors to the HKTDC website or any other person for any error, mistake, delay, loss or omission in such transmission or level of safety whatsoever and howsoever occurs. The Advertiser unconditionally and irrevocably undertakes that it will not make any claim both legal or equitable against HKTDC, its servants and/or agents for any losses, damages, costs or expenses that it may suffer or incur as a result of or otherwise in connection with such error, mistake, delay, loss or omission.

The Advertiser hereby undertakes to act in good faith in all respects and represents, warrants and undertakes that (i) no third party intellectual property rights or any other rights will be infringed as a result of the publication of any Advertisement on the Publication and/or the HKTDC website featuring the Advertiser's products or services and/or in any material supplied by the Advertiser to HKTDC in relation to or otherwise in connection with the Advertisement; (ii) the Advertiser's Advertisement complies with and will comply with all applicable laws and regulations, including without limitation, those relating to advertising; and (iii) it has obtained all necessary consents and licences for the Advertisement.

The Advertiser hereby undertakes and agrees to fully and unconditionally indemnify and hold HKTDC and its agents, representatives, contractors and employees harmless against any claims, damages, penalties, losses or any expenses howsoever incurred as a result of or in connection with (i) any breach or alleged breach of representation, warranty or undertaking given by the Advertiser herein; (ii) any infringement or alleged infringement of intellectual property rights, including but not limited to patents, registered designs, copyrights or trade mark infringement arising as a result of the insertion of any Advertisement by the Advertiser or any agent of the Advertiser in any Publication published by HKTDC and/or in the HKTDC website; (iii) any claim that the Advertisement involves false or deceptive advertising or sale practices; (iv) any claim arising or in connection with Clause 9.1 of this Contract and/or (v) any third party claims whatsoever arising in or derived from or as a result of the insertion of any Advertisement by the Advertiser.

All statements, claims or representations ("Claims") in the Advertisement regarding the quality of the Advertiser's products or services must be (i) accompanied by a clear and written reference in the Advertisement to the independent survey, research or other source upon which the Claims are based; and (ii) supported by the relevant independent survey, research or other source, a copy of which must be provided to HKTDC.

The Advertiser hereby warrants that it has not been and is not engaged in any legal proceedings (including litigation, arbitration and/or prosecution) and no such proceedings were or are pending or threatened, nor are there any facts likely to give rise to such proceedings known or which would on reasonable enquiry be known to the Advertiser or its directors, other than those which have been disclosed to HKTDC in writing prior to the entering of this Contract. The Advertiser acknowledges that it shall immediately notify HKTDC in writing upon becoming aware of any matter or thing which has rendered or may or is likely to render any warranty in these terms and conditions untrue or incorrect. 10.2 In the event of any breach by the Advertiser of any of its warranties, undertakings and/or other provisions of this Contract, HKTDC shall have the right at its sole and absolute discretion to remove from the HKTDC website Advertisement placed by the Advertiser forthwith and/or to terminate this Contract forthwith without notice, in which case HKTDC shall not be liable to refund any advertising fee paid to HKTDC for such Advertisement so removed and the Advertiser hereby undertakes that it will not make any claims both legal or equitable against HKTDC, its servants and/or agents for any losses, damages, costs or expenses that it may suffer or incur as a result of or otherwise in connection with such removal.

The content and all colour proofs, digital files, copies, artworks, photos, pictures, graphics or information involved of an Advertisement are subject to final approval by HKTDC which reserves all its rights to amend or refuse any Advertisement. Any such amendment or refusal shall not result in HKTDC incurring any liability to the Advertiser or its agents whatsoever.

Payment in respect of Advertisements must be received by HKTDC (in the case that the Advertisement order is placed by the Advertiser through an advertising agency accredited by HKTDC) as per terms of payment of respective agencies or (in the case that an Advertisement order is placed directly to HKTDC by the Advertiser) not less than 30 days before the first day of the publication period stated in this Contract, and any late payment shall entitle HKTDC, at its sole and absolute discretion, to refuse publication of any Advertisement without incurring any liability whatsoever to the Advertiser or its agent as a result of its refusal to publish.

Long-term bookings are subject to price variation and format alteration as and when announced by HKTDC from time to time.

All submitted web page designs (including, without limitation, text, graphics and pictures), artworks and digital files must be collected by the advertising agency or Advertiser from HKTDC (within 3 calendar months of the first day of the publication period stated in this Contract). HKTDC reserves all its rights to dispose of or otherwise deal with all uncollected materials in such manner as it thinks fit and Advertiser is not entitled to any compensation whatsoever.

If either the Advertiser or HKTDC is affected by any cause outside or beyond its reasonable control including (without limitation) acts of God, interruption or disruption in transmission of an Advertisement or any enquiry from visitors of the HKTDC website, war, riot, malicious acts of damage, civil commotion, strike, lockout, industrial dispute, refusal or licence, power failure, fire, computer virus or the lack of availability of materials, it shall promptly notify the other party of the nature and extent of the circumstances in question. Notwithstanding any other provision of this Contract, neither party shall be deemed to be in breach of the terms and conditions of this Contract, or otherwise be liable to the other, for any delay and the performance of its obligation shall be extended accordingly as the case may be.

The Advertiser hereby undertakes not to place or incorporate or link directly or indirectly with any other websites, advertisements, or any other promotional commercials, private or public etc of the Advertiser or any other third party company, corporation or person save and except with HKTDC's prior written consent. In case of any breach of this Clause, HKTDC shall be entitled to delink the Advertiser's link with the HKTDC website and to claim against the Advertiser for any losses or damages suffered as a result of or in connection with, directly or indirectly, the aforesaid breach.

These terms and conditions are governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China and the parties hereby agree to submit themselves to the non-exclusive jurisdiction of the Hong Kong Special Administrative Region courts and jurisdiction.

HKTDC hereby reserves all its rights to amend or change any of these terms and conditions without prior notice to the Advertiser.

The data and information of suppliers ("the Suppliers' Information") contained on, distributed through or linked or downloaded from HKTDC website or any services contained on the Website are provided by HKTDC and third party providers ("Vendors"). The Suppliers' Information is provided by the individual suppliers to the Vendors, and in turn provided by the Vendors to the best knowledge of the Vendors without verification by HKTDC. Neither HKTDC nor the Vendors represent or make any warranty in respect of the accuracy, completeness, reliability or continuous supply of the Suppliers' Information. Any reliance by you of the Suppliers' Information or any data or information contained herein will be at your own risk and neither HKTDC nor the Vendors shall be responsible or liable to you or to any other person for any direct, indirect, incidental or any other damages or loss arising out of any use or inability to use the Suppliers' Information. HKTDC reserves the right in its sole and absolute discretion, but without any obligation, to make changes or amendments to or correct any error in the Suppliers; Information without notice. HKTDC and all Vendors herein expressly disclaim any and all warranties, express or implied and do not accept any responsibility in respect of the Suppliers' Information. The above is without prejudice to the Terms of Use and Privacy Statement published on HKTDC website