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YOUR ACCESS TO AND USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED AS IS, AS AVAILABLE. THE WEBSITE IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE WEBSITE OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY INFORMATION, MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR WEBSITE. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY
Neither HKTDC nor any of the HKTDC Affiliates shall guarantee or assume any responsibility that:
- the Information on the Website is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference; the Information on the Website is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment; messages sent through the internet including in connection with the Services will be free from interception, corruption, error, delay or loss; access to the Website will be available or be uninterrupted; use of the Website or Services will achieve any particular result; or defects in the Website will be corrected. Without limiting the generality of the foregoing, in no event will the HKTDC or the HKTDC Affiliates be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business or profit, arising out of any use, or inability to use, the Information or the Services, even if HKTDC or the HKTDC Affiliates have been advised of the possibility of such loss or damages.
In addition, HKTDC accepts no responsibility for or liability in respect of Information or services provided by Third Party Providers, nor does it endorse such Third Party Providers. You acknowledge and accept that any dispute in relation to such Information or services is unrelated to HKTDC and is solely a matter between you and such Third Party Provider.
You will exercise and rely solely on your own skill and judgment in your use and interpretation of the Information and use of the Services. You are responsible to ensure that your use of the Information obtained through the Website and the Services in any way for any purpose whatsoever complies with all applicable legal requirements, including without limitation, the data protection law applicable to you.
Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from HKTDC as set out in these Terms of Use or the applicable terms according to clause 1.2 above or otherwise, you are advised to contact us via contact form or by telephone at (852)1830668. No such lack of response shall be deemed to constitute any acquiescence or waiver.
The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.
1.1. Your use of Sourcing is subject to the terms and conditions contained in this User Agreement as well as the Privacy Policy Statement , the Listing Policy , the IPR Complaint Procedure and Guidelines , application forms completed in connection with Sourcing, and any other rules and policies that HKTDC may publish on any website forming part of Sourcing. By accessing or using Sourcing, you agree to accept and be bound by this User Agreement. Any User who does not accept or agree to comply with all of the User Agreement is not licensed by HKTDC and is forbidden from accessing or using Sourcing.
1.2. By accessing or using Sourcing, you undertake and warrant that this User Agreement constitutes your legal, binding and enforceable obligations, and all actions needed to authorise your entry into and performance of this User Agreement have been taken.
1.3. You acknowledge and agree that HKTDC may amend any of the terms of this User Agreement at any time by posting the relevant amended and restated User Agreement on a website forming part of Sourcing. By continuing to use or access Sourcing, you agree that the amended User Agreement will apply to you.
1.4. If HKTDC has posted or provided a translation of the English language version of the User Agreement, you agree that the translation is provided for convenience only and that the English language version will govern your use of and access to Sourcing.
1.5. The User Agreement may not otherwise be modified except in writing by an authorized officer of HKTDC.
1.5. The User Agreement may not otherwise be modified except in writing by an authorized officer of HKTDC.
2.1. You may only use Sourcing for your own employment, trade, professional or business purposes as a purchasing resource. Except as aforesaid you may not copy, reproduce, publish, distribute, sell, divert, create derivative works from or, in any way directly or indirectly in competition with HKTDC, commercially exploit the Content available on Sourcing in whole or in part. You must not delete or change any copyright or other proprietary notice on any Content available from or obtained through Sourcing. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content in whole or in part, without prior written permission from HKTDC, is strictly prohibited.
2.2. Only a User authorised by HKTDC and/or such Users authorised employees may use Sourcing. You may not transfer all or any of your rights or obligations under this User Agreement to any other person and this User Agreement is personal to the authorised User.
2.3. Users must exercise and rely solely on their own skill and judgment in your use and interpretation of the Content. You are responsible to ensure that your use of the Content complies with all applicable legal requirements
2.4. HKTDC is not responsible for the conduct of any User of Sourcing, and shall not be liable to any person in connection with any damage suffered by any person as a result of such Users conduct.
2.5. HKTDC reserves the right to levy fees or charges on any of the services, information or Content comprised in Sourcing or provided by HKTDC. If HKTDC decides to levy such a charge, we will publish the amount or rate therefor, identifying the services concerned, by a general message on all of the Sourcing websites. By requesting, commencing or continuing the use of the relevant service, information or Content at any time after such publication, you agree to pay HKTDC such charges.
2.6. By accepting this User Agreement through your use or access to Sourcing, you represent that you are (a) a person of legal age and able to form a legally binding contract in the jurisdiction in which you are a resident and from which you use Sourcing, (b) permitted to receive Sourcing under the laws of the jurisdiction in which you are a resident and from which you use it and (c) a reasonably sophisticated user of online transaction services. If you do not agree to (or cannot comply with) this clause, you do not have HKTDCs permission to use Sourcing.
2.7. Users shall be solely responsible for all information and content they post on or transmit via Sourcing.
2.8. While accessing or using Sourcing, you represent, warrant and agree that you will not:
2.8.1. Post or transmit false, inaccurate, misleading, defamatory, libelous, discriminatory, threatening or harassing, objectionable, offensive or unlawful content;
2.8.2. Violate or promote, aid or abet any activity which may violate any applicable laws (including without limitation those governing export control, consumer protection, unfair competition, or false advertising), regulations, HKTDC policies (including without limitation the Listing Policy), or third party rights such as intellectual property rights;
2.8.3. Undertake any action which may undermine the integrity of HKTDC’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User;
2.8.4. Transfer your HKTDC Account (including your User ID and Password) to another party without prior written consent from HKTDC;
2.8.5. Distribute spam, bulk electronic communications, chain letters, or pyramid schemes;
2.8.6. Distribute viruses or any other technologies that may harm HKTDC or its websites, or the interests or property of other users;
2.8.7. Undertake any actions to undermine the integrity of the computer systems or networks of HKTDC and/or any other User nor to gain unauthorized access to such computer systems or networks;
2.8.8. Aggregate information of other Users, including, but not limited to, their email addresses and User IDs, without their advance consent, nor make any attempt to copy, reproduce, exploit or expropriate HKTDC’s various proprietary directories, databases and listings;
2.8.9. Link directly or indirectly to any other websites which include content that may violate this User Agreement;
2.8.10. Use Sourcing to defraud any person (including without limitation sales of stolen items, or use of stolen credit/debit cards); or
2.8.11. Impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity.
2.9. While accessing or using Sourcing, you represent, warrant and agree that you will conduct your business transactions with other Users in good faith.
2.10. By posting or displaying any content or other information on Sourcing or providing the same to HKTDC or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and freely sub-licensable (through multiple tiers) license to HKTDC to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of such content or information in any form, media, or technology now known or not currently known in any manner and for any purpose. You confirm and warrant to HKTDC that you have all the rights, power and authority necessary to grant the above license.
3.1. You agree to provide such information as may be reasonably requested by HKTDC in connection with your use of Sourcing.
3.2. You hereby warrant and represent that all information, including registration information, supplied by you to HKTDC or HKTDC Affiliates through Sourcing is complete, true, up-to-date and accurate and that you will maintain it as such. HKTDC and HKTDC Affiliates are entitled to rely on such information.
3.3. Although secure socket layer has been installed on Sourcing, all your information is sent at your sole risk to HKTDC and open for all users or public access without limitation and for avoidance of doubt, unauthorised third parties may be able to access such information during its transmission.
3.4. You agree to the use and disclosure of your information in the manner set out in HKTDCs Privacy Policy Statement (as updated from time to time).
4.1. Except with HKTDC’s approval, one User may only register one account on Sourcing. HKTDC may cancel or terminate a User’s account if HKTDC has reasons to suspect that the User has concurrently registered or is in control of two or more member accounts. HKTDC may reject User’s application for registration or terminate a User’s account for any reason.
4.2. Upon registration, HKTDC shall assign an account and issue the User a member ID and password (the latter shall be chosen by a registered User during registration).
4.3. Each set of member ID and password is unique to a single account. Each user shall be solely responsible for maintaining the confidentiality and security of its member ID and password. No User may share, assign, or permit the use of its account, ID or password by another person outside of the Users own business entity. User agrees to notify HKTDC immediate
4.4. User agrees that all activities occurring under their account (including without limitation, posting any company or product information, entering any sale or purchase contracts, subscribing to or making any payment for any services) will be deemed to have been authorized by the User and the User accepts responsibility for them.
4.5. Upon registration, you consent to the inclusion of any submitted information about you in our database and authorize HKTDC and our affiliates to share such information with other Users or otherwise use your personal information in accordance with our Privacy Policy Statement .
5.1. You must register as a member of Sourcing in order to access and use certain services comprised therein. Further, HKTDC reserves the right, without prior notice, to restrict access to or use of Sourcing (or any features or services within it) to any paying User, or prevent or restrict any User from accessing or using Sourcing, or permit access or use only subject to certain conditions, in its sole and absolute discretion, without need to give any reason.
5.2. HKTDC may launch, change, upgrade, impose conditions on, suspend, or stop Sourcing (or any features or services within it) without prior notice
5.3. HKTDC shall have the sole and absolute right to determine the Content and the way Content is provided to User. User confirms that HKTDC may, at its sole discretion, remove, modify, upgrade, suspend, cancel or terminate access to any and all of the Content at any time without prior notice to User.
5.4. User acknowledges and agrees that HKTDC shall not be liable to any party for any limitation on the use of the Content set by HKTDC, or any unavailability of the Content at any time
5.5. User acknowledges and agrees that certain Content offered via Sourcing may be provided by a third party, including but not limited to that provided by other Users of Sourcing and third party payment processors. Any such third party Content is the sole responsibility of the party who provided it, and HKTDC shall have no liability therefor, including its accuracy, propriety, lawfulness or truthfulness. HKTDC does not vet third party Content, nor endorse or recommend any person, product or service described therein, and shall not be liable to any User in connection with a Users reliance on the same.
5.6. You acknowledge that the websites comprised within Sourcing rely on the internet which is an inherently unreliable and insecure medium of communication and that such unreliability and insecurity is beyond the control of HKTDC or HKTDC Affiliates. Any access to Sourcing or transactions through it may be subject to interruption, transmission blackout, internet viruses, unauthorised access, delayed transmission or incorrect data transmission.
5.7. You are responsible for providing and maintaining necessary telecommunication lines, software and equipment to access Sourcing and to retrieve Content and for all associated costs.
5.8. HKTDC reserves the right to suspend the provision of Sourcing or any part of it if and for so long as any circumstances (within or beyond our control) occur which prevent us from being able to provide it. The Content, features or functions which are available to one class of users of Sourcing may not be available to another class of users. We may group users into different classes using any criteria we deem fit.
5.9. The amount of Content which may be available to a User during any period may from time to time be limited or changed by us at our sole and absolute discretion without notice to that user and may be different from that available to another user.
6.1. User acknowledges and agrees that HKTDC provides a platform only and is not a party to, nor is it in any way involved in, any transaction carried out through or facilitated by Sourcing as a buyer, supplier or trading counterparty, and HKTDC does not represent any supplier or buyer.
6.2. User assumes full responsibility for all risks and liabilities in connection with the purchase or sale of products through Sourcing and acknowledges and agrees that HKTDC shall not be responsible or liable for any actions, demands, claims, damages, liabilities, costs, inconveniences, business disruption or expenditures of any nature that may arise as a result of or relating to any actual or contemplated transaction (including without limitation: the lawfulness of the goods or services offered for sale through Sourcing, the ability of suppliers to complete a sale (including but not limited to stock and logistics affairs) or of buyers to complete a purchase, any delay in the timing or other arrangements with respect to the buyer’s payment or seller’s delivery for any particular transaction(s) misrepresentation, quality, quantity, safety, mislabelling, defects in products or Content, insolvency or overdue payment, fraudulent schemes, breach of warranties and delivery mishap.
6.3. In the event User has a dispute with any trading counterparty or other User, User agrees to indemnify and hold HKTDC harmless from any and all damages (including actual, direct, indirect, consequential and special damages) or expenses (including but not limited to those for claims, requests, actions, or demands (including court expenses and attorney fees)) suffered or incurred by HKTDC therefor
6.4. By confirming a purchase at the end of the checkout process, you agree to accept and pay for the item(s) purchased and comply with any terms of sale imposed by the supplier. You understand and accept that any delay in payment may constitute a breach of your contract with the supplier, and you shall be solely responsible for such breach. To the fullest extent permissible under the applicable laws, you acknowledge, agree and accept that HKTDC has no control over and shall not be responsible or held liable for any such breach.
6.5. By offering goods or services for sale through Sourcing, you understand that a binding contract may be formed when a User finally confirms a purchase at the end of the checkout process, and agree to fulfil such contract including by delivering such goods and/or services according to the buyers purchase, Content you have posted, and any collateral communications with the buyer, and you shall be solely responsible for any breach. Suppliers should hold and reserve stocks for buyers once they have placed their order, regardless of whether payment has been made. You acknowledge and accept that HKTDC has no control or liability over any breach.
6.6. HKTDC reserves the right to charge a service fee for and/or commission on transactions taking place through Sourcing on reasonable prior notice to you in accordance with clause 2.5. You hereby authorize HKTDC to instruct any third party payment processor (such as PayPal) used in a transaction to deduct any and all outstanding service fees and/or commissions due from you from amounts you transact and transfer the same to HKTDC for settlement of its outstanding service fees
6.7. User understands and accepts that each and every transaction taking place through Sourcing is limited to USD10,000.
6.8. User acknowledges and agrees that when purchasing goods and/or services, any customs fees, taxes, levies or duties incurred from the transaction will be paid by them.
6.9. User acknowledges and agrees that shipping rates provided on Sourcing are only estimations and that the final shipping rate depends on the courier when the shipment is picked. User assumes full responsibility when setting a free shipping option and/or accepting the estimated or actual shipping rate, as the case may be, provided by Easyship (http://www.easyship.com/) and/or any other logistics providers. User agrees to review and comply with the terms and conditions of Easyship and/or any other logistics providers. HKTDC shall not be responsible for any shipment terms, agreement terms, payment terms, and/or any disputes and conflicts between Easyship and Users and/or any other logistics providers. HKTDC does not endorse nor is it affiliated with Easyship and/or any other logistics providers, and shall not be liable to any User in connection with its acceptance of the terms and conditions, quality of the shipment or service delivered, delay in the shipment, or any loss or damages suffered by the User through its use of Easyship and/or any other logistics providers.
6.10. When required by the government, law enforcement body, or obligee whose legitimate right has been injured, or forced by subpoena or other legal document, HKTDC may disclose a User’s identity and contact information. User agrees not to bring any action or claim against HKTDC for such disclosure.
Some of the Content in English may have been translated into languages other than English by automatic translation software. HKTDC is not responsible for any difference between the original language of Content and automatically translated language versions of the Content and, where there is any conflict, the English version shall prevail.
HKTDC and the HKTDC Affiliates do not warrant, guarantee or assume any liability and/or responsibility that:
Certain information, statements, photographs and illustrations on Sourcing are provided by advertisers and exhibitors. The placing of such materials by HKTDC is made in good faith. HKTDC is not associated in any way with and is not the agent of the advertisers and exhibitors, and makes no representation or warranty regarding the advertisers and exhibitors, their products or the potential infringement of any intellectual property rights or other rights of any third parties and accepts no responsibility, liability or obligation, in relation to any of the said materials. Inclusion of any particular advertisement or other information does not mean that goods or services advertised or listed therein have the approval of or are endorsed by HKTDC or comply with applicable laws and regulations. It is recommended that normal precautions be taken before any business is transacted with any advertiser or exhibitor. Correspondence concerning any alleged infringement of any design, copyright, patent, trademark or other intellectual property rights, or any non-compliance with any law or regulation, should be addressed directly to the advertiser or exhibitor concerned and not to HKTDC;
• the Content is accurate, adequate, true, current or reliable, or may be used for any purpose other than for general reference, or that any results, losses or damages whatsoever may be obtained from using the Content;
• the Content is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data, hardware, equipment or any infringement of intellectual property rights whatsoever; or
• defects in Sourcing will be corrected. 8.2. To the maximum extent permitted by law, Sourcing is provided as is, as available and “with all faults”, and HKTDC hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability, non-infringement or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded.
8.3. To the maximum extent permitted by law, HKTDC makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any Content. HKTDC does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on Sourcing does not violate any third party rights; and HKTDC makes no representations or warranties of any kind concerning any product or service offered or displayed on Sourcing.
8.4. Any material downloaded or otherwise obtained through Sourcing is done at the Users sole discretion and risk and User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from HKTDC or through or from Sourcing shall create any warranty on the part of HKTDC not expressly stated herein.
8.5. HKTDC may make available to the User services or products provided by independent third parties, which may be subject to additional terms and conditions. No warranty or representation is made with regard to such services or products. In no event shall HKTDC or our affiliates be held liable for any such services or products.
8.6. HKTDC shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
a. use of or the inability to use Sourcing;
b. any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through Sourcing;
c. any delay in the timing or other arrangements with respect to any payment/issuance or denial thereof;
d. violation of a third partys rights or claims or demands that Users manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on Sourcing may violate or may be asserted to violate a third partys rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third parties;
e. unauthorized access by third parties to data or private information of any User;
f. statements or conduct of any User of Sourcing, including Content provided by Users or third parties; or
g. any matters relating to Sourcing however arising, including negligence
8.7. Notwithstanding and without prejudice to any of the foregoing provisions, if HKTDC is held liable for any reason, the aggregate liability of HKTDC, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of Sourcing during any calendar year shall be limited to the amount of fees the User has paid to HKTDC or HKTDC Affiliates during the calendar year. The preceding sentence shall not preclude the requirement by the User to prove actual damages.
8.8. The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not HKTDC has been advised of or should have been aware of the possibility of any such losses arising.
8.8. The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not HKTDC has been advised of or should have been aware of the possibility of any such losses arising.
8.9. Without prejudice to the generality of the foregoing, all enquiries from Users of Sourcing directed to an advertiser or exhibitor will be transmitted to the advertiser or exhibitor by (in the case that the advertiser or exhibitor has an electronic mail address) electronic mail or (in the case that the advertiser or exhibitor does not have an electronic mail address) facsimile as soon as practicable. HKTDC shall in no circumstances be liable to the advertisers, exhibitors, Users or any other person for any error, delay, omission or inaccuracy in such transmission howsoever it occurs. Each advertiser, exhibitor and User unconditionally and irrevocably undertakes that it will not make any claim against HKTDC, its servants and/or agents for any losses or expenses that it may suffer or incur as a result of or otherwise in connection with such error, delay, omission or inaccuracy.
9.1. HKTDC respects the intellectual property rights of others, and we expect our Users to do the same.
9.2. Listing of counterfeits, non-licensed replicas, or unauthorized products such as counterfeit designer garment, watches, handbags, sunglasses or other accessories is strictly prohibited on Sourcing, and no products can be displayed on Sourcing without the explicit permission of all the relevant intellectual property rights holders.
9.3. Intellectual Property Rights complaints are dealt with in accordance with our IPR Complaint Procedure and Guidelines .
9.4. The compilation of all Content on Sourcing is the exclusive property and copyright of HKTDC and/or HKTDC Affiliates and is protected by relevant local and international copyright laws and all software used on this site 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. No right, title or interest in any Content or software is transferred to you as a result of any use of or downloading of the same.
9.5. All graphics, logos, page headers, button icons, script and service names are trademarks or trade dress of HKTDC and/or HKTDC Affiliates and HKTDCs trademarks and/or trade dress shall not be used in connection with any product or service that is not HKTDCs or HKTDC Affiliates, in any manner that is likely to cause confusion among public or in any manner that disparages or discredits HKTDC or HKTDC Affiliates. All other trademarks not owned by HKTDC or HKTDC Affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HKTDC or any HKTDC Affiliates.
10.1. User agrees to indemnify, defend and hold harmless HKTDC, its employees, agents, directors, officers, affiliates, representatives, assigns, third party suppliers of information or documents or anyone acting on its behalf from any liability, demand, claim, loss, expense (including but not limited to court expenses and attorney fees) and damages related to such User’s violation of this User Agreement (including but not limited to the representatives and warranties provided by User herein) and the materials incorporated by reference herein, use of Sourcing, or alleged or actual infringement or violation of the rights of others, including but not limited to the infringement of patent, copyright, trademark or any other intellectual property rights in connection with products, Content or materials offered or provided by User on or through Sourcing.
10.2. User further agrees that HKTDC is not responsible and shall have no liability for any goods or services offered, supplied or contracted or intended to be offered or supplied, or orders placed or intended or contemplated to be placed, by other Users and/or third parties on or through Sourcing. User acknowledges that such matters are between Users and/or third parties (as appropriate) and in particular that third party Content, including without limitation misleading, incorrect, defamatory, offensive, infringing or illicit material is made available without the consent, vetting or scrutiny of HKTDC and the risk of damages from such material rests entirely with you, and falls within the scope of your indemnity at clause 10.1 above. If you become aware of any third party Content in violation of this User Agreement or the Listing Policy, please contact HKTDC without delay.
10.3. HKTDC reserves the right to assume the sole and exclusive defense and control of any matter directly or indirectly associated with Sourcing subject to indemnification by Users, which shall not excuse Users’ indemnity obligations, in which event you shall cooperate with HKTDC at your own cost in full.
10.3. HKTDC reserves the right to assume the sole and exclusive defense and control of any matter directly or indirectly associated with Sourcing subject to indemnification by Users, which shall not excuse Users’ indemnity obligations, in which event you shall cooperate with HKTDC at your own cost in full.
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 Sourcing. HKTDC and HKTDC Affiliates are not responsible for examining or evaluating and HKTDC do not warrant any content of other sites and HKTDC do not assume any responsibility or liability for the actions, products, and contents of all these and any other third party.
Under no circumstances shall HKTDC be held liable for any delay or failure or disruption of the content or services delivered through Sourcing resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including, without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance by third parties.
For information about our privacy policies and practices, please refer to our Privacy Policy Statement. You agree to the use and disclosure of your information in the manner set out in our Privacy Policy Statement (as updated from time to time). Where Personal Data is collected in connection with Sourcing, you should also have reference to the relevant user agreements linked to the form through which your Personal Data is collected.
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 and/or Terms of Use in our or (as the case may be) their own name against you.
We may, in our sole discretion and at any time, without prior notice to you and without cause, terminate this User Agreement and/or all or any part of our provision of services, including Sourcing, to you. You will be unable to access your Content hosted on Sourcing and data pertaining to you, such as feedback and reputation, which you agree has no monetary value.
16.1. HKTDC may give notice to you by means of a general notice on the Sourcing websites. Any notice sent by such general notice is deemed to be received by the users or specified recipients on the day sent.
16.2. You may give notice to HKTDC by electronic mail to hktdc@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: Sourcing or such other address as we may specify from time to time.
16.2. You may give notice to HKTDC by electronic mail to hktdc@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: Sourcing or such other address as we may specify from time to time.
This User Agreement constitutes the entire agreement between HKTDC and you with respect to the subject matter hereof, and supersede all other written or oral agreements warranties and/or 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 document and the policies and documents referred to herein, this document shall prevail.
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 of this User Agreement.
19.1. No waiver of any breach under this User Agreement will amount to a waiver of any other breach, and no delay in enforcing any of this User Agreement constitutes a waiver of HKTDCs rights.
19.2. The headings in this User Agreement are for convenience only and do not affect interpretation.
19.3. We reserve the right to make changes to our site, policies, and any terms and conditions in this User Agreement at any time without notice
19.4. HKTDC and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
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.
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.
1.1 HKTDC may prevent or restrict any user from accessing HKTDC Research without need to give any reason.
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.
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.
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.
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.
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 computers 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.
2.5 You agree to the use and disclosure of your information in the manner set out in HKTDCs Privacy Policy Statement (as updated from time to time).
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.
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).
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.
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.
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.
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.
3.7 Third Party Provider may be changed from time to time without prior notice.
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.
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.
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.
4.3 HKTDCs record of the charges payable by you is, save to the extent of manifest error, conclusive and binding on you
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 HKTDCs receipt and clearance of the cheque
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.
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.
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.
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.
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.
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.
5.1 You are responsible for providing and maintaining necessary telecommunication lines, software and equipment to access HKTDC Research and for all associated costs.
5.2 HKTDC may change supporting platform and/or device, for the Website or Digital Application, through which HKTDC Research is available.
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.
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.
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.
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.
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.
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
8.1 Use of HKTDC Research is at your sole risk.
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.
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.
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.
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.
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.
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.
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.
8.9 The limitation of liability contained in this User Agreement will apply to the fullest extent permitted by applicable laws.
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.
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.
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.
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.
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.
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.
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.
14.1 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 HKTDCs 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.
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.
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.
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.
17.1 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.
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.
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.