Terms and Conditions for usage of NFC Cards in Whisky Live Hong Kong 2019
- These NFC card Terms and Conditions will be applied to Whisky Live Hong Kong 2019, held at the PMQ, 35 Aberdeen Street, Hong Kong on 12 October 2019 (hereafter known as “The Event”).
- You will only be able to pay for goods and services at the Event site using the NFC card (and not using cash).
- A wristband will be issued to you on entry into the Event when you hand over a valid Ticket. You must keep your wristband on your wrist at all times to access the Event and areas within the Event.
- By purchasing a ticket to the Event you accept the Event operates as a cashless Event using NFC card.
- In order to use your NFC card to purchase goods or services at the Event you must credit your NFC card at the Event reception or cashier points using any of the following methods: cash/credit card/WeChat pay/Alipay/PayMe
- You can purchase goods and/or services from exhibitors at the Event by touching your NFC card on a card reader located at each booth, provided that you have enough credit on your NFC card to pay for the entire transaction. The available balance on your NFC card will be reduced by the full amount of each transaction.
- Once you have authorised a payment using your NFC card, neither we nor the exhibitors can change or cancel it or provide you with a refund.
- Balance in the NFC card is non-refundable and will be expire by end of the Event.
- Neither we nor the exhibitors accept any liability for any loss or damage which is caused to you or any third party as a result of the NFC card is lost or stolen or used without permission.
- You should treat your NFC card as if it were cash in your wallet. If you lose your NFC card then any credit which is stored on your NFC card may be lost, as if you had lost your wallet.
- We have the right to disable any NFC card, Event access right, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these Terms and Conditions.
- You must immediately notify a member of staff at one of the service points at the Event if your NFC card is lost, stolen, or damaged.
- If, in our reasonable opinion, a NFC card is damaged (other than through tampering), lost, stolen or destroyed, a replacement card shall be issued as soon as reasonably practicable. Any replacement card will be deemed for the purposes of these Conditions.
- Without prejudice to any of our other rights, we may (without giving you prior notice) terminate our agreement with you, cancel or suspend your NFC card, or refuse a transaction, if we has reason to believe that the NFC card is being used fraudulently, illegally, or in breach of these conditions. In these circumstances we may refund any unused credit on your NFC card account at our discretion, provided that we act reasonably.
TERMS AND CONDITIONS FOR ONLINE MARKETPLACE
1 These terms
1.1 whiskylivehk.com is a marketplace that allows users to offer, sell and buy event & venue tickets, pre-loaded credits and merchandise (“Products”). These terms and conditions govern your use of our website (our “Platform”).
1.2 Please read these terms carefully before you submit any order on our Platform. These terms tell you who we are, the conditions on which you may be a seller or a buyer on our Platform, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.3 By using our Platform, you agree to these terms. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity.
2 Information about us and how to contact us
2.1 We are Spirits Culture Ltd trading as whiskylivehk.com, a company registered in Hong Kong, trading as whiskylivehk.com. Our company registration number is 2597142 and our registered office is at 35-37 Hau Wo Street, Kennedy Town, Hong Kong.
2.2 For any questions or problems relating to our Platform, our Products or these terms, you can contact us by telephoning our customer service team at +852 3001 6040 or email us at firstname.lastname@example.org or write to us at 35-37 Hau Wo Street, Kennedy Town, Hong Kong.
2.4 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.5 When we use the words “writing” or “written” in these terms, this includes emails.
3 Contracts for sale
3.1 We are a marketplace that allows users to offer, sell and buy Products. The actual contract for sale of Products is directly between the seller and the buyer. We are not liable to any person in relation to an offer for sale, sale, or purchase of any Product listed on our Platform. We are not responsible for the enforcement of any contractual obligations between any buyer and any seller.
3.2 We have no control over and we do not guarantee the existence, quality, safety or legality of the items offered or advertised on our Platform, the accuracy, completeness or truth of any content or listings posted by users, the credit worthiness of any user, the ability of sellers to sell or buyers to buy, or that a particular buyer and seller will complete a particular transaction.
3.3 We are not involved in any transaction between a buyer and a seller on our Platform save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers.
3.4 We are not an agent of any buyer or seller.
3.5 We may (at our discretion but are not obliged to) check, audit or monitor the information contained in listings, comments and/or reviews posted by users.
3.6 A buyer may place orders on the Platform as instructed on our Platform. A seller’s acceptance of a buyer’s order will take place when they email the buyer to accept it, at which point a contract will come into existence between the seller and the buyer.
3.7 We will assign an order number to each order. Please tell us the order number whenever you contact us about your order.
4 Terms and conditions for sale
4.1 If you list an item on our Platform, you agree to comply with our rules for listing, content policies and selling practices from time to time in force. You are responsible for the accuracy, completeness and truth of the content of the listing and the Product offered. We reserve the right to modify, suspend or delete any listing that violates our rules, policies and practices, or to improve user experience.
4.2 We have full discretion in determining the appearance, placement and order of listings in search and browse results. The factors we may consider in making such a determination may include the buyer and seller’s respective location, the search terms used, and the buyer and seller’s respective history on the Platform.
4.3 All sellers on the Platform must clearly state the terms and conditions of sale (“Seller’s Terms“) in their listings, including the following information:
(a) forms of accepted payment;
(b) taxes and applicable government imposed fees (if any);
(c) shipping method, costs and expected time;
(d) return policy (e.g. the time period within which the buyer must notify the seller about return, who’s responsible for the cost of return shipping); and
(e) refund or replacement policy (e.g. the time period within which refund or replacement will be arranged).
4.4 You are responsible in keeping any content and information posted accurate and up to date. You should delete any listings that are no longer available.
4.5 You must comply with all applicable laws and regulations in providing, delivering or rendering the Products that you offer or sell.
5 Terms and conditions for purchase
5.1 When purchasing a Product, you agree to comply with our applicable rules and policies from time to time in force. You are responsible for reading the full listing before committing to buy or making a bid for any Product.
5.2 Any order placed or bid submitted in respect of a Product is deemed irrevocable and unconditional. In placing an order or submitted a bid you agree to the Seller’s Terms set out in the seller’s listing for the Product.
5.3 You enter into a legally binding contract to buy a Product when you commit to buy a Product, your order for a Product is accepted, or if you have the winning bid for a Product (or your bid for a Product is otherwise accepted).
6.1 When providing content on or to our Platform, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, reproduce, process, adapt, modify, publish, display and distribute such content for the purposes of providing the Products to you and the promotion of our Platform.
6.2 For all content that you provide, you warrant that:
(a) the content is accurate, up to date and not misleading;
(b) you own or otherwise control all necessary rights to meet your obligations under these terms regarding such content; and
(c) the use of such content does not and will not infringe any intellectual property rights of any third party.
6.3 While we try to offer reliable information, we do not promise that any content or information provided on our Platform will be accurate, complete, up to date or always available. If and where we offer catalogs of listings, such catalogs may include product images, descriptions and specifications provided by users or other third parties.
6.4 If you are buying Products, you agree that we are not responsible for examining or warranting any listings provided by any users. If you are selling Products, it is your responsibility to review the content of your listings for accuracy.
6.5 We do not take any responsibility, nor do we assume any liability, for any content provided by you or any third party. You agree not to hold us liable for any inaccurate or misleading content.
7 Buyer’s rights to make changes
7.1 If a buyer wishes to make a change to the Product he has ordered, please contact the seller. The seller has full discretion whether or not to accept the changes. The seller will let the buyer know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of the requested change and ask the buyer to confirm whether he wishes to go ahead with the change. If the seller cannot make the change or the consequences of making the change are unacceptable to the buyer, the buyer may request to end the contract (see Clause 9 – A buyer’s rights to end the contract).
8 A seller’s rights to make changes
8.1 Sellers may make minor changes to their Products from time to time in order to:
(a) reflect changes in relevant laws and regulatory requirements; and
(b) implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect a buyer’s use of the Product.
8.2 If a seller makes significant changes to their Products or the Seller’s Terms for the Products, the seller will notify the buyer prior to the changes take effect. If the buyer does not accept the changes, the buyer may contact the seller to end the contract before the changes take effect and receive a refund for any Products paid for but not received.
9 A buyer’s rights to end the contract
9.1 If a buyer becomes aware of any defect in all or part of the Products performed:
(a) the buyer must give notice in writing to the seller;
(b) where the Products reported are found to be defective the seller will, at its option, re-perform the services or refund the price of such defective Products in full.
9.2 If a buyer is ending a contract for a reason set out below the contract will end immediately, the seller will refund the buyer in full for any Products which has not been provided and the buyer may also be entitled to compensation:
(a) the seller has told the buyer about an upcoming change to the Product or the Seller’s Terms for the Product, which the buyer does not agree to (see Clause 8.2);
(b) the seller has told the buyer about an error in the price or description of the Product ordered and the buyer does not wish to proceed;
(c) there is a risk that supply of the Products may be significantly delayed because of events outside the seller’s control; or
(d) the seller has suspended supply of the Products for technical reasons, or notifies the buyer that the seller is going to suspend them for technical reasons, in each case for a period of more than zero (0) days.
9.3 On our Platform, each buyer is offered a goodwill guarantee under which a buyer may change his mind within twenty-four (24) hours and receive a refund.
9.4 A buyer has twenty-four (24) hours to change his mind after the day the seller emails him to confirm his order. However, once the seller has completed the services, the buyer cannot change his mind even if the period is still running. If the buyer changes his mind during the period that the seller is providing the services, the buyer must pay the seller for the services provided up until the time the buyer informs the seller that he has changed his mind.
9.5 A buyer does not have a right to change his mind once services have been completed, even if the cancellation period is still running.
9.6 Even if a seller is not at fault and a buyer does not have a right to change his mind under Clause 9.3, a buyer can still end the contract before it is completed (i.e. when the seller has finished providing the services and the buyer has paid for them) by giving notice in writing to the seller, provided that the buyer will pay reasonable compensation for the net costs the seller will incur as a result of ending the contract. In such case, the contract will end immediately. The seller will refund any advance payment the buyer has made for Products which will not be provided to the buyer.
9.7 To end the contract with a seller, select the relevant option in your account, or email our customer services at email@example.com.
9.8 If a buyer ends the contract with a seller, the seller will refund the buyer the price the buyer paid for the Products, but the seller may deduct from the refund the price for the part of services already provided (up to the time the buyer informs the seller that the buyer is ending the contract with the seller) in proportion to the full price of the services.
9.9 If a refund is due, a seller must make the refund to the buyer as soon as possible, in any event within one (1) month from the day the buyer informs the seller that the buyer wishes to end the contract.
10 A seller’s rights to end the contract
10.1 A seller may end the contract for a Product at any time by writing to a buyer if:
(a) the buyer does not, within a reasonable time, allow the seller access to the buyer’s premises to supply the services; or
(b) the buyer does not make any payment to the seller when it is due and still does not make payment within zero (0) days of the seller reminding the buyer that payment is due.
10.2 If the seller ends the contract in the situations set out in Clause 10.1 the seller will refund any money the buyer has paid in advance for Products that have not been provided, but the seller may deduct or charge reasonable compensation for the net costs the seller will incur as a result of the buyer breaking the contract.
11 Price and payment
11.1 The price of the Product will be the price indicated on the order pages when a buyer places his order. Each seller must take all reasonable care to ensure that the price of the Product advised is correct.
11.2 It is always possible that, despite best efforts by the seller, some Products may be incorrectly priced on the Platform. If the correct price for the Product at a buyer’s order date is less than the price stated to the buyer, the seller will charge the lower amount; but if it’s higher than the price stated to the buyer, the seller will contact the buyer for instructions before accepting the buyer’s order.
11.3 A buyer must pay for the Products by such time and in such manner as specified in the Seller’s Terms.
11.4 If a buyer thinks an invoice is wrong please contact the seller promptly to let them know.
12 Our responsibility for loss or damage suffered by you
12.1 Subject to Clause 12.2:
(a) all warranties, conditions, or terms relating to fitness for purpose, quality, or condition of the Products, whether express or implied by statute or common law or otherwise, are expressly excluded;
(b) we shall not be liable to you (whether in contract, tort or otherwise) for any loss of profit or any indirect or consequential loss arising from or in connection with the provision of the Products; and
(c) our total liability to you for all losses arising from or in connection with the use of the Platform shall be limited to the price of the relevant Products sold to you on our Platform.
12.2 Nothing in these terms will limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (where applicable);
(b) fraud or fraudulent misrepresentation; or
(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13 Use of your personal information
13.2 In the event you process personal data relating to a buyer or a seller for the purpose of effecting a transaction or otherwise using the Platform, you confirm and undertake that you will only process such personal data for the sole purpose of participating in the marketplace on the Platform and (where applicable) to supply the Products to buyers and you will apply all adequate technical and organisational measures to keep such personal data secure.
14 Entire agreement
14.1 These terms constitute the entire agreement between any user and us in relation to the use of the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of the Platform.
14.2 You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
15 Other important terms
15.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for Products not provided.
15.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
16.1 In case of discrepancies between the English and Chinese language versions of these terms, the English version shall prevail.
17 Governing law and jurisdiction
17.1 These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.
17.2 The courts of Hong Kong Special Administrative Region shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.
Last updated: 15 May 2019
1 These terms
1.2 By using our Platform, you agree to these terms regardless of whether you are paying user or a non-paying visitor. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity.
2 About us and how to contact us
2.1 We are Spirits Culture Ltd trading as whiskylivehk.com, a company registered in Hong Kong, trading as whiskylivehk.com. Our Company Registration Number is 2597142 and our registered office is at 35-37 Hau Wo Street, Kennedy Town, Hong Kong.
2.2 For any questions or problems relating to our Platform, our products or services, or these terms, you can contact us by telephoning our customer service team at +852 2524 6433 or emailing us at firstname.lastname@example.org or writing to us at 35-37 Hau Wo Street, Kennedy Town, Hong Kong.
2.4 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.5 When we use the words “writing” or “written” in these terms, this includes emails.
3 Changes of terms
3.1 We may amend these terms from time to time by posting the updated terms on our Platform. If we make material changes, we will notify you of the changes before they become effective. By continuing to use our Platform and our services after the changes come into effect means that you agree to be bound by the revised policy.
4 Availability of our services
4.1 We are constantly changing and improving our Platform and the products or services we provide. We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether. If we discontinue certain products, services, functionalities or features, we will give you advance notice where reasonably possible.
4.2 We may release products, services, functionalities or features that we are still testing and evaluating. We will label such services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand that these beta services are not as reliable as other products or services we offer.
4.3 We reserve the right to limit your use of our Platform and the services we provide, including the right to restrict, suspend or terminate your account if we believe you are in breach of these terms or are misusing our Platform or any services we provide.
4.4 We try our best to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures.
4.5 You are responsible for configuring your information technology, computer programmes and platform or system in order to access our Platform. We do not guarantee that our Platform will be free from bugs or viruses.
5 Your account and password
5.1 In registering for an account on our Platform, you must provide truthful, accurate and up-to-date information about yourself. You should choose a strong and secure password. You must keep your password secure and confidential.
5.2 You agree not to share your account credentials or give others access to your account. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account.
5.3 We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you are in breach of these terms.
5.4 You agree to follow our Acceptable Use Policy, which is set out at the end of these terms.
5.5 You are responsible for all actions or activities that happens by, through or under your account, unless you report misuse.
6 Use of the platform
6.1 You must comply with the Acceptable Use Policy and all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Platform.
6.2 We give you a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, non-exclusive and revocable licence to access and use our Platform, including any software or application as part of the services we offer. This licence is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as provided by us and in the manner as permitted by these terms.
6.3 This licence to use our Platform will terminate if you do not comply with these terms or other additional terms or conditions imposed by us from time to time.
6.4 You must not copy, modify, distribute, sell, lease, loan or trade any access to the Platform or any data or information on it.
7 Your rights
7.2 You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other users or third parties. We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other users or visitors.
7.3 You warrant that Your Content is not and will not infringe rights of any third parties and that you have all the necessary rights, power and authority to satisfy your obligations with regard to Your Content under these terms.
7.4 If you believe your intellectual property rights have been infringed, please contact us by emailing us at email@example.com.
8 Our rights
8.1 All intellectual property rights subsisting in the Platform or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved. You must not upload, post, publish, reproduce, transmit or distribute any content or component of our Platform in any way, or create any derivative works with respect to any such content or component.
8.2 We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Platform. We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminative, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing rights of third parties. We do not endorse or support any views expressed by any users on our Platform.
8.3 Our name “whiskylivehk.com” and our marks and logos are our trade marks (be it registered or unregistered) and may not be used without our express prior written consent.
9.1 We integrate with third-party software to provide a full suite of functionalities to our users. We are not responsible for any issues or loss arising from the use of any third-party software. Your access and use of the third-party software is governed by the terms of service or user agreements of that software.
10.1 We value and welcome feedback on our Platform. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any products or services we offer, without any payment to you.
10.2 You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.
11 Limitation on liabilities
11.1 Some countries or jurisdictions may not allow the disclaimers in this clause, in which case these disclaimers will not apply to you.
11.2 To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”)) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:
(a) we provide the Platform and any products or services we offer on an “as is” and “as available” basis, and your access to or use of our Platform is at your own risk;
(b) we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products or services we provide;
(c) we do not guarantee that the information or content you find on the Platform is always accurate, truthful, complete and up-to-date;
(d) we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
(e) we are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors; and
(f) we are not responsible for the conduct of or any content or information submitted or posted by any user of the Platform (whether online or offline).
11.3 To the fullest extent permitted by law, Our Entities are not liable to you or others for:
(a) any indirect, incidental, special, exemplary, consequential or punitive damages; or
(b) any loss of data, business, opportunities, reputation, profits or revenues,
(c) relating to the use of our Platform or any products or services we offer.
11.4 We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.
11.5 If you are using the Platform as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer. In such cases, nothing in these terms limit your legal rights as a consumer that may not be waived by contract.
11.6 Other than the types of liabilities that we cannot limit by law, the liabilities of Our Entities to you (on aggregate) are limited to the amount you have paid us (if any) for the use of our Platform or for any products or services we offer over the last twelve (12) months.
12 Your representation
12.1 Our Platform is not intended for and may not be used by minors. By using our Platform, you represent that you are an adult and that you are able to legally enter into contractual agreements.
13.1 You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (ii) your use of our Platform and/or (iii) any misrepresentation made by you.
13.2 You also agree to fully co-operate with us in the defence or settlement of any claim in relation to or arising out of our Platform or these terms.
14.1 These terms will continue to apply until terminated by either you or us as follows.
14.2 You may stop using the Platform any time by deactivating your account.
14.3 We reserve the right to suspend or terminate your access to our Platform, if we reasonably believe:
(a) you are in serious or repeated breach of these terms (including a prolonged failure to settle any payment);
(b) you are using the Platform in a manner that would cause a real risk of harm or loss to us, other users, or the public;
(c) we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or
(d) our provision of the Platform to you is no longer possible or commercially viable.
In any of the above cases, we will notify you by the email address associated with your account or at the next time you attempt to access your account, unless we are prohibited from notifying you by law.
14.4 Upon termination of your access, these terms will also terminate except for Clauses 11 to 19.
14.5 Where we consider necessary or appropriate, we will report any breach of these terms (or the Acceptable Use Policy) to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.
15 Entire agreement
15.1 These terms constitute the entire agreement between any user and us in relation to the use of or any transactions on the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of or any transactions on the Platform.
15.2 You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
16 Other important terms
16.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for any products not provided.
16.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
17.1 If you have any questions about these terms or the Acceptable Use Policy, please contact us by firstname.lastname@example.org.
18.1 In case of discrepancies between the English and Chinese language versions of these terms, the English version shall prevail.
19 Governing law and jurisdiction
19.1 These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.
19.2 The courts of the Hong Kong Special Administrative Region shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.
Acceptable Use Policy
(a) use our Platform for unlawful or unauthorised purposes;
(b) re-sell or attempt to benefit in a commercial fashion from any data, content or information available on the Platform;
(c) probe, scan, or test the vulnerability of any system or network;
(d) breach or otherwise circumvent any security or authentication measures or service use limits;
(e) access, tamper with, or use non-public areas or parts of the Platform;
(f) interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Platform, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Platform;
(g) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source;
(h) access, search, or create accounts for the Platform by any means (automated or otherwise) other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk) or attempt to do so;
(i) send unsolicited communications, promotions or advertisements, or spam;
(j) forge any TCP/IP packet header or any part of the header information in any email;
(k) send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”;
(l) conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorisation;
(m) abuse referrals or promotions;
(n) post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;
(p) violate applicable laws or regulations in any way; or
(q) violate the privacy or infringe the rights of others.
Last updated: 15 May 2019