Aȱ OAP Terms and Conditions regarding businesscard.hk Services
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS GOVERNING THE USE OF businesscard.hk AND ITS RELATED SERVICES. By using businesscard.hk and its related services, you hereby accept and agree the terms set out in this terms and conditions, and any policies, guidelines or amendments that may be presented to you from time to time.
1. Acceptance of Terms
1.1. Thank you for using businesscard.hk and its related services (collectively, OAP Services), services provided by Online directory Ad Services, its subsidiaries, or affiliated companies (collectively, OAP). By using the OAP Services, you accept and agree the terms and conditions sets out below (the T&C) to govern your use of the OAP Services.
1.2. This T&C may be updated from time to time without notice. You are responsible to check the most current version of the T&C at http://www.businesscard.hk/tnc.html.
2. Use of Services
2.1. In consideration of your use of the OAP Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Hong Kong Special Administrative Region or other applicable jurisdiction.
2.2. In order to access the OAP Services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of the OAP Services. You are responsible for maintaining the confidentiality of your OAP account password (if any), and are responsible for all activities that occur under your account. You agree to immediately notify OAP of any unauthorized use of your password or account or any other breach of security. OAP cannot and will not be liable for any direct, indirect, or consequential loss or damage arising from your failure thereof.
2.3. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You are responsible for your own conduct, Content, and what you are exposed to while using the OAP Services and that you use the OAP Services at your own risk.
2.4. You may use the OAP Services only for legal and proper purposes and in accordance with this T&C and any applicable policies and guidelines.
2.5. You agree when using the OAP Services that you will not:2.5.1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; or
2.5.2. upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content; or
2.5.3. upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such Content; or
2.5.4. upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, this T&C or any applicable policies or guidelines; or
2.5.5. download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner; or
2.5.6. impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material; or
2.5.7. restrict or inhibit any other user from using and enjoying the OAP Services; or
2.5.8. use the OAP Services for any illegal or unauthorized purpose; remove any copyright, trademark or other proprietary rights notices contained in or on the OAP Services; or
2.5.9. interfere with or disrupt the OAP Services or OAPs servers or networks connected to the OAP Services; or
2.5.10. disobey any requirements, procedures, policies or regulations of networks connected to the OAP Services; or
2.5.11. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of OAP Services or collect information about users for any unauthorized purpose; or
2.5.12. submit Content that falsely expresses or implies that such Content is sponsored or endorsed by OAP; or
2.5.13. create user accounts by automated means or under false or fraudulent representations; or
2.5.14. promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
2.5.15. transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.2.6. International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the Hong Kong Special Administrative Region or your country of residence.
2.7. By using the OAP Services, you acknowledge and agree that OAP may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:2.7.1. satisfy any applicable law, regulation, legal process or governmental request; or
2.7.2. enforce this T&C, including investigation of potential violations; or
2.7.3. detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam); or
2.7.4. respond to user support requests, or
2.7.5. protect the rights, property or safety of OAP, its users and the public.
3. OAPs Rights and Liabilities
3.1. OAP reserves the right to refuse service to anyone at any time without notice for any reason.
3.2. While OAP prohibits such conduct and Content in connection with the OAP Services, you understand and agree that OAP may or may not pre-screen Content and shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or move any Content submitted to the OAP Services.
3.3. OAP will not be responsible or liable for the exercise or non- exercise of its rights under the T&C.
3.4. OAP has the right when processing and transmission of the OAP Services, including your Content, to:3.4.1. transmit over various networks; and
3.4.2. change to conform and adapt to technical requirements of connecting networks or devices.3.5. OAP reserves the right to syndicate Content submitted, posted or displayed by you on or through the OAP Services and use that Content in connection with any of the OAP Services.
3.6. OAP has the right to access, index, cache or crawl the URL(s) (or equivalent), the Content itself, or any portion (without regard to any robots.txt file which does not authorize crawling) in connection with OAPs authorized use of the Content.
3.7. OAP has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by the OAP Services.
3.8. OAP retains the right, at OAPs sole discretion, to create limits of any Content upload or storage at any time with or without notice.
3.9. OAP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the OAP Services (or any part) with or without notice.
4. Intellectual Property and Proprietary Rights
4.1. You acknowledge and agree that the OAP Services and any necessary software used in connection with the OAP Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the OAP Services or advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by OAP or OAPs advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the OAP or the Software, in whole or in part.
4.2. OAP claims no ownership or control over any Content submitted, posted or displayed by you on or through the OAP Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the OAP Services. You are responsible for protecting those rights, as appropriate.
4.3. By submitting, posting or displaying Content on or through the OAP Services which are intended to be available to the general public, you grant OAP a worldwide, non-exclusive, royalty-free license to reproduce, modify, adapt, publish, and otherwise use, with or without attribution such Content on the OAP Services solely for the purpose of displaying, distributing and promoting the OAP Services. This license terminates 12 months from the date that such Content is deleted from the OAP Services to which you originally submitted.
4.4. By submitting Content to the OAP Services, you authorize OAP to use your trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with OAP's authorized distribution of the Content.
4.5. You are not allowed to use the OAPs trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (Brand Features) unless a prior written consent has been given by OAP. If you are interested in using any of the Brand Features, please contact our Intellectual Property Department for more information.
5. Termination
5.1. You may cancel your use of the OAP Service and/or terminate this T&C with or without cause at any time by providing notice to OAP at the Contact Us Page provided that:
5.1.1. a terminated account may continue to exist for up to 10 business days before such cancellation takes effect; and
5.1.2. for any paid services, termination will depend on the specific terms of those services; or5.1.3. by leaving this web site
5.2. OAP may at any time and for any reason, including but not limited to, a period of account inactivity, terminate your access to the OAP Services, terminate this T&C, or suspend or terminate your account.
5.3. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.
5.4. Except as otherwise provided in this T&C or unless OAP has previously canceled or terminated your use of the OAP Services (in which case subsequent notice by OAP shall not be required), if you have provided an alternate email address, OAP will notify you via email of any such termination or cancellation, which shall be effective immediately upon OAP's delivery of such notice.
5.5. Paragraph 6 to 10 of this T&C (including the paragraphs regarding limitation of liability and rights of OAP), shall survive expiration or termination.
6. Indemnity
You agree to indemnify and to hold OAP and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, not liable to any third party claim or demand arising from or in any way related to your use of the OAP Services, violation of this T&C or any other actions connected with use of the OAP Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and legal fees, of every kind and nature. In such a case, OAP will provide you with written notice of such claim, suit or action.
7. Disclaimer of Warranties
7.1. OAP shall not be responsible or liable:
7.1.1. for any actions taken, either wholly or in part, based on the information provided on the OAP Services; or
7.1.2. for any loss, damage, expense or injury resulting from any transactions conducted with other users, any online merchant or other third party through any of the OAP Services; or
7.1.3. to honor (or to cause any merchant to honor) of the OAP Services that relates to products, shopping, or auction, any erroneous information regarding the price, description and availability of, or any discounts, offers, promotions and coupons relating to, any product or service offerings available through any of the OAP Services; or
7.1.4. for any loss, damage, expense, or injury that you may suffer by:7.1.4.1. using any of the OAP Services; or
7.1.4.2. reliance on information provided through any of the OAP Services; or
7.1.4.3. using any third party products and services;
whether or not they are accessible through any of the OAP Services.7.2. The information, services, products, and materials contained or available through any of the OAP Services, including but not limited to, text, graphics, and links, are provided on an as is and as available basis. To the maximum extent permitted by law, OAP disclaims all representations and warranties of any kind, whether express or implied, including but not limited to:
7.2.1. quality, merchantability quality, and fitness for any particular purpose;
7.2.2. title, non-infringement, freedom from computer viruses, worms, and other operating problems;
7.2.3. course of dealing or course of performance;
7.2.4. any of the OAP Services will meet any users requirements, fulfillment of any purposes or needs; and
7.2.5. that the OAP Services will be uninterrupted, timely, secure; complete, current or error free.7.3. Any material downloaded or otherwise obtained through the OAP Services is done at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
7.4. No advice or information, whether oral or written, obtained by you from OAP or through or from the OAP Services shall create any warranty not expressly stated in the T&C.
8. Limitation of Liability
OAP shall not be liable to you and/or any third party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss, even if OAP has been advise of the possibility of such damages, resulting from:
8.1. The use or the inability to use the OAP Services; or
8.2. Any modification, suspension, or discontinuance of the OAP Services; or
8.3. The cost of procurement of substitute goods and services resulting from any good, data, information or services purchased or obtained or messages received or transaction entered into, through, or from the OAP Services; or
8.4. Unauthorized access to or alteration of your transmission or data; or
8.5. Statements or conduct of any third party on the OAP Services; or
8.6. Any other mater relating to the OAP Services.
9. Notice
9.1. OAP may provide you with notices, including but not limited to, notice regarding changes to the T&C, by e-mail, regular mail, or posting on the OAP Services.
9.2. Any notice or any other communication in connection with the OAP Services shall be in writing in either Chinese or English.
9.3. A notice or any other communication to you shall be effective upon receipt and shall be deemed to have been received at the time of posting if delivered by regular mail, at the time of transmission if delivered by e-mail, or at the time of posting if posted on the OAP Services.
10. Other Provisions
10.1. Assignment
10.1.1. This T&C is personal to you. Accordingly you shall not, without prior written consent of OAP, assign, delegate, sub-contract, mortgage, charge, or otherwise transfer any or all of the benefit and/or obligations in or arising out of this T&C to any third parties.
10.1.2. Except as otherwise expressly provided in this T&C, there are no third party beneficiaries to this T&C.10.2. Place of Formation
Any order, sales, contract, or any other types of agreement, made between you and OAP, shall be deemed to be made and concluded in Hong Kong Special Administrative Region.
10.3. Governing Law
This T&C shall be governed by and construed in accordance to the laws of Hong Kong Special Administrative Region. You agree to submit to the exclusive jurisdiction to the courts of the Hong Kong Special Administrative Region.
10.4. Invalidity
If any provision in this T&C shall be held to be illegal, invalid or unenforceable, in whole or in part, the provision shall, to the extend required, be severed from this T&C and rendered ineffective as far as possible without modifying the remaining provisions of this T&C and shall not in any way affect any other circumstances of or the validity or enforcement of this T&C.
10.5. Whole Agreement
This T&C contains the whole agreement between you and OAP relating to the subject matter of this T&C to the exclusion of any terms implied by law, which may be excluded by contract and supersedes any previous written or oral agreement.
10.6. Language
The English version of the T&C prevails over other language versions.
10.7. Headings
Headings shall be ignored in interpreting this T&C.