The Terms and Conditions of Use (the “Agreement”) governs your use (the “User”) of HongKongLaw.com (“the Website”) under the operation of Hong Kong Law Limited (the “Company”).
On certain sections of HongKongLaw.com, posted materials submitted for publication on HongKongLaw.com will be accompanied by the User's name and shall not be submitted anonymously. User warrants that such posted materials will not misrepresent or obscure his or her identity or affiliation with any person or entity. Furthermore, User warrants that it will not, by any method or action, directly or through a third party seek to artificially enhance, degrade, or otherwise manipulate the recommendations or endorsements of any User, individual, or group on HongKongLaw.com including User's own.
The Company has no obligation or intent to edit, monitor or screen posted materials and is not responsible for the content in, or linked to or from, posted Materials. The Company may, and retain the right to, examine HongKongLaw.com for adherence to the Agreement and remove any materials that may be objectionable, violate the Agreement, or law, but expressly disclaims any and all warranties or representations that it will do so in any specific instance. By using HongKongLaw.com, you acknowledge and agree that the Company is under no obligation to monitor, edit, or remove any posted materials solely upon User's insistence.
No Unlawful Or Prohibited Use
It is a condition that you will not use HongKongLaw.com for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use HongKongLaw.com in any manner that could damage, disable, overburden, or impair any server of the Company, or the network(s) connected to any server of the Company, or interfere with any other party's use and enjoyment of HongKongLaw.com.
You may not attempt to gain unauthorized access to HongKongLaw.com, other accounts, computer systems or networks connected to any server of the Company or to any of the services provided by HongKongLaw.com, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through HongKongLaw.com.
User may not copy, download, store, publish, transmit, transfer, sell, sublicense or otherwise use HongKongLaw.com, or any portion thereof, in any form or by any means, except (i) as expressly permitted by this Agreement or (ii) with Hong Kong Law Limited’s prior written permission. You may not alter or modify information and services provided through HongKongLaw.com in any way. You may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code or architecture of the components of HongKongLaw.com, or any information about usage or HongKongLaw.com users. You may not use any robot, spider, other automatic device, or manual process to access, monitor or copy HongKongLaw.com without Hong Kong Law Limited’s prior written permission.
You could be held criminally and civilly liable and have to pay damages in case the terms described in this section (section 3.3) are violated.
Certain sections of HongKongLaw.com require registration to access and use information and services. If you, the user elects to register, you agree to provide Hong Kong Law Limited with accurate, complete registration information. You will inform the Company of any changes to registration information. You warrant that registration is for a single person only, and that you will not permit anyone other than you to access and use sections of HongKongLaw.com requiring registration using your name and password. You will not access or use HongKongLaw.com under the user name of another individual. You are responsible for all access to and use of HongKongLaw.com through your user name and password, including access of any services the use of which results in monetary charges to you, the user, whether or not you have knowledge of or authorizes such access and use. You will notify the Company immediately of any unauthorized use of your user name and password, if you suspect the privacy of your user name and password has been jeopardized, or if you believe that another individual has fraudulently represented themselves as you or as being associated with you.
NO LEGAL ADVICE OR PRACTICE OF LAW
HongKongLaw.com provides information on law and legal topics and is designed for informational purposes only. User acknowledges that under no circumstances is Hong Kong Law Limited, its agents, affiliates or customers, providing legal advice or representation through HongKongLaw.com, and that nothing on HongKongLaw.com is intended as a substitute for legal advice from a lawyer or attorney.
Hong Kong Law Limited does not select, approve, or otherwise endorse any particular lawyer, law firm, or provider of legal services on HongKongLaw.com. Any and all such recommendations or posted materials are from third parties and are inherently subjective in nature, could be inaccurate or incomplete, and are difficult or impossible to verify. Therefore, Hong Kong Law Limited expressly disclaims any representation or warranty that such posted materials are correct or reliable.
Under no circumstance shall hong kong law limited have any liability to you for any reliance on information contained on or obtained through hongkonglaw.Com. Such reliance shall be solely at user's own risk.
CHARGES, ACCOUNT AND PAYMENT INFORMATION
Unless otherwise agreed to by you and the Company, we will bill you in accordance with the applicable service plan or service subscription agreement(s), if any, between you and Hong Kong Law Limited.
In making any payment through any website of the Company, you may be directed to one of our Online Payment Processors’ websites. The Company may receive payments from our Online Payment Processors in relation to payments and/or credits for your order(s) or otherwise provided by you as a result of you linking to a website or websites via links from the Company’s websites. The Company may collect your financial information for the purpose of payment processing. The Company may store your financial information (including credit card or debit card information) and is not responsible for the security of such financial information.
Any software, documentation, data and/or content including but not limited to e-mails, graphics, videos, codes (the “Content”) that we provide or sell to you or that you receive or purchase through the Company, our websites or our third party partners is for your own personal, non-commercial use, may not be distributed, transferred or sold.
Services on HongKongLaw.com that allow users to contact, communicate or interact with other users, Hong Kong Law Limited or Hong Kong Law Limited affiliates and customers are provided to User solely for personal use. User will not include any advertising, promotion, solicitation for goods, services or funds, or solicitation for anyone to become members of a commercial enterprise or organization in posted materials delivered through HongKongLaw.com without the express written permission of Hong Kong Law Limited.
Such Content remains property of the Company or that of our business partners or that of our content providers, as applicable.
Such Content may be required to be removed or deleted from your equipment upon the Company’s request, with or without your consent, in case of security measures (e.g. computer worm or virus outbreak).
The Company does not make any warranties in respect of such Content, in particular but without limitation that such software or content will be accurate, reliable or complete, or that such software or content will not infringe upon the rights of any third parties.
Third party content, messages and services may appear on HongKongLaw.com or may be accessible through links from HongKongLaw.com. The Company is not responsible, and assumes no liability, for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or accessible from Hong KongLaw.com. You acknowledge that the information and opinions in the third party content are neither endorsed or controlled by, nor reflect the beliefs of HongKongLaw.com
You acknowledge that HongKongLaw.com may contain advertising and sponsorships. Advertisers and sponsors are solely responsible for ensuring that material submitted for use on HongKongLaw.com is accurate and complies with any and all applicable laws. User agrees that Hong Kong Law Limited will not be responsible for the illegality or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers or sponsors.
NO WARRANTIES / DISCLAIMER
You acknowledge and understand that the access to HongKongLaw.com and it’s services may not function properly, or at all, in the following circumstances:
- If your equipment fails, is not properly configured or does not meet the Company’s requirements;
- In the event of a network, server or extended power failure;
- If the equipment is tampered with by anyone, other than those duly authorised by the Company; or
- Following suspension or termination of your access to HongKongLaw.com or;
- Any other unforeseeable events including but not limited to force majeure.
HongKongLaw.com is provided "as is," without warranty of any kind, express or implied. to the fullest extent permissible under applicable law, Hong disclaims all warranties, express or implied, including but not limited to, warranties of performance, merchantability, fitness for a particular purpose, accuracy, omissions, completeness, currentness and delays. Hong Kong Law Limited makes no warranty that access to HongKongLaw.com or any portion thereof will be uninterrupted, secure, complete, error free, or that defects will be corrected. The Company disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to
- (a) the access or use of HongKongLaw.com, including both Hong Kong Law Limited and third party content and services delivered through HongKongLaw.com;
- (b) the access or use of third party web sites and content or services therein through links in HongKongLaw.com;
- (c) the unavailability of HongKongLaw.com or any portion thereof; or
- (d) user's use of equipment and software in connection with access and use of HongKongLaw.com.
In no event shall the Company:
Be responsible or liable to you for any software, content or services provided to you or accessible by you through HongKongLaw.com, any charges incurred in connection with such software, content or services or anything that is or can be done with such software, content or services even if you are billed for such software, content or services. All such software, content or services is accessed or transmitted solely at your own risk.
Be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to access HongKongLaw.com, or information available from HongKongLaw.com
To the maximum extent permitted by applicable law, the Company and/or its Business Partners:
- Do not guarantee or warrant the performance, availability, reliability, coverage, uninterrupted use, security, quality, pricing or operation of HongKongLaw.com, the equipment or any products, content, applications, services, facilities, connections or networks used or provided by the Company or third parties. You bear such risks.
- Do not make any express or implied representations, warranties or conditions with regards to HongKongLaw.com’s usage. All representations, warranties and conditions of any kind, express or implied, are excluded to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, no advice or information, whether oral or written, obtained by you from the Company creates any term, condition, representation or warranty not expressly stated.
- To the maximum extent permitted by applicable law, HongKongLaw.com and its content are provided on an “as is” basis without any warranties of any kind. The Company also does not warrant that the HongKongLaw.com will operate without error, or that HongKongLaw.com will be free from computer viruses, worms, malware or other harmful mechanisms or logic.
You are solely responsible for the following matters:-
- Maintaining the security and privacy of your property, identity (including real-life and online) and your transmissions using HongKongLaw.com, the equipment or our facilities or networks or websites; and
- Protecting against any breaches of security or privacy or other risks involved in installing, using, maintaining or changing the Services or the Equipment.
LIMITATION OF LIABILITY
User's exclusive remedy and Hong Kong Law Limited’s affiliates and/or contributors' entire liability under this agreement, if any, for any claim for damages relating to use of HongKongLaw.com which are made against them, individually or jointly, whether based in contract or negligence, shall be limited to the aggregrate amount of charges paid by user relative to the specific HongKongLaw.com feature which is the basis of the claim during the 12 month period preceding the event giving rise to such claim. In no event shall Hong Kong Law Limited, its affiliates and/or contributors be liable to subscriber for any claim relating in any way to
- User's inability or failure to use HongKongLaw.com properly or completely, even if assisted by Hong Kong Law Limited, its affiliates or contributors, or any decision made or action taken by user in reliance upon HongKognLaw.com delivered information and services; or
- any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to user's rights under this agreement or use of, or inability to use HongKongLaw.com, even if the Company, its affiliates and/or contributors have been advised of the possibility of such damages. The Company shall have no liability whatsoever to user for any claim relating in any way to any third party content or feature.
You agrees to indemnify the Company from and against any claims, losses, damages, costs, harms and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by the Company relating to your violation, alleged violation, access and/or use of HongKongLaw.com or misappropriation of any intellectual property, industrial, contractual, privacy or other rights of a third party or any alleged libel or slander by a third party against you.
User agrees to defend, indemnify, and hold the Company, its affiliates, contractors, suppliers, directors, employees and agents harmless from any and all claims, costs, damages, judgments, and liabilities (including but not limited to reasonable solicitors fees) made by any third party and arising from any content User posts, submits, transmits or otherwise makes available through HongKongLaw.com, User's violation of the Terms and Conditions of this Agreement, or the violation of the intellectual property rights of any third party.
TERM, SUSPENSION AND TERMINATION
User may terminate any or all of your Services upon no less than 30 days’ advance notice by contacting the Company at the appropriate points of contact specified in these Terms; and
The Company may terminate any or all of your Services or accounts upon no less than 30 days’ advance notice to you at your billing address or any other address you provided at registration.
Applicable charges continue to apply until the end of the notice period or until the end of your subscription period, whichever is later or in accordance with your applicable service subscription agreement(s), if any, between you and the Company.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise explicitly noted, all elements of Hong Kong Law.com including but not limited to, text, graphics, trademarks, copyright, names, logos, designs and brand concepts included the overall “look and feel” used by the Company are intellectual property assets, registered or otherwise, of, or used under license by the Company. All are recognized as valuable assets of their respective owners, and may not be displayed or used by you in any manner for commercial purposes or copied in any manner for any purpose without the express prior written permission of the Company.
This Agreement as amended from time to time, embodies the entire understanding between User and the Company with respect to the subject matter herein, and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter.
These Terms cannot be changed by you.
No sales representative, dealer, agent, officer or employee of the Company has the authority to change or modify these Terms and Conditions, except pursuant to an official revised version of these Terms and Conditions, and you may not rely on any such change or modification.
If any portion of these Terms and Conditions is unenforceable, the remaining provisions continue in full force. Our failure to enforce strict performance of any provision of the Terms and Conditions does not mean the Company has waived any provision or right. Neither the course of conduct between us nor trade practice modifies any provision of the Terms and Conditions.
The Terms and Conditions ensures to the benefit of and is binding on you, your heirs and your legal personal representatives and on your and the Company’s respective successors and assigns.
The Company reserves the right to modify this Agreement at any time and at its sole discretion. Updated versions of the Terms and Conditions of Use will appear on HongKongLaw.com and become the effective Agreement immediately upon publication. User is responsible for regularly reviewing the Terms and Conditions of Use. Continued use of HongKongLaw.com by User after any such modification of this Agreement constitutes User's assent to such modifications.
Force Majeure. The Company’s performance under these Terms and Conditions are subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.
GENERAL PROVISION & GOVERNING LAW
The Terms and Conditions are governed exclusively by the laws of the HKSAR and you submit to the jurisdiction of the courts of the HKSAR.
Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.
15 May, 2012