Terms and Conditions
1. Services
1.1
By using our site and/or the services you agree to be bound by the following terms and conditions. Please read them carefully.
1.2
We reserve the right to make changes to these terms and conditions from time to time without providing any prior notification. The amended terms and conditions are effective from the date they are published on our site. Your continued access and use of our site and the services shall represent your unconditional acceptance of the latest version of the terms and conditions.
1.3
The meaning of some words used in these terms and conditions:
1.3.1
“We”, “us” or “our” is a reference to APAC.
1.3.2
“You” or “your” is a reference to the person using or intending to use the services.
1.3.3
“Intellectual property rights” means any and all patents, trade marks, rights in domain names, rights in designs, copyright and database rights (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing), rights in confidential information and all other intellectual property rights of a similar or corresponding character which may subsist now or in the future in any part of the world.
1.3.3
“Services” has the meaning given in clause 1.1.
1.3.5
“Site”, “the site”, “our site” means our website located at https://www.apac.com.hk and includes any associated sites linked to such website.
2. Registration
2.1
You are required to register with us when you intend to use the services. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above and capable and having the scope of authority of forming a legally binding contract on behalf of the intended user.
2.2
In consideration of your use of our services, you agree to:
2.2.1
Provide true, accurate, current and complete information about the intended user when filling out our registration form; and
2.2.2
Maintain and promptly update your registration information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration.
2.3
Your registered account may not be transferred to or shared with any other person without our prior written consent. You shall bear all liability and consequences arising out of any use of your registered account by any person, whether such use is with or without our consent.
2.4
You acknowledge and agree that we may suspend or terminate your registration at any time at our sole discretion without any compensation, if you are in breach of any provision in these terms and conditions.
3. Usage Restrictions and Warranties
3.1
You represent, warrant and covenant that you will not:
3.1.1
Use our site or services for any unlawful or fraudulent purpose or to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights, intellectual property rights or rights of publicity;
3.1.2
Interfere with or disrupt the operation of our site or the servers or networks used to make our site available, or violate any requirements, procedures, policies or regulations of such networks,;
3.1.3
Transmit or otherwise make available in connection with our site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
3.1.4
Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to our site (including our applications or software);
3.1.5
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our site (including our applications or software) or attempt to break, bypass or circumvent our site or network systems or attempt to obtain access to any hardware, programs or data beyond the scope of access granted by us; or
3.1.5
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our site (including our applications or software) or attempt to break, bypass or circumvent our site or network systems or attempt to obtain access to any hardware, programs or data beyond the scope of access granted by us; or
3.1.6
Frame or mirror any part of the site without our express prior written consent.
3.2
You represent, warrant and covenant that you will:
3.2.1
Implement and maintain appropriate technical and organizational measures in accordance with good industry practice and applicable laws to secure your login and any connection to our site against unauthorized access and shall promptly inform us as soon as you become aware of any intrusion or disruption to such systems or any unauthorized or accidental access to our site; and
3.2.2
At your costs, provide reasonable assistance as requested by us to secure our site or systems.
4. Indemnity
4.1
You agree to indemnify us, our associated companies and all of our respective directors, employees and contractors, and hold us all harmless from any claim, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us arising out of any breach of the covenants, warranties, representations and agreements herein.
5. Disclaimer of Warranties and Limitation of Liability
5.1
We do not represent or warrant that access to our site (including using our applications or software), or any part of it, will be uninterrupted, reliable or fault-free.
5.2
We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
5.3
We do not represent or warrant that any services (whether or not provided by us) will be provided with due care and skill or will be fit for any purpose (even if that purpose has been previously notified to us).
5.4
You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any data or information in our site, systems or accessed through our services. Any data or information which you obtain from us is transmitted at your own risk.
5.5
To the extent permitted by law, we exclude all liability (whether arising in statute, contract, tort or otherwise and whether or not due to our negligence) which we may have to you as a result of:
5.5.1
Any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site (including using our applications or software) or any information on our site;
5.5.2
The unavailability of our site (or any part of it) or services;
5.5.3
Any delay in providing, or failure to provide or make available, services, or any negligent provision of services;
5.5.4
Any service not being fit for their intended purpose; or
5.5.5
Any misrepresentation on or relating to our site or the services.
5.6
Save as required by law:
5.6.1
We will not be liable to you for any indirect or consequential loss, damage or expenses, including loss of profits, loss or damage to any data, network or systems, loss of business or goodwill, regardless whether any problem or risk has been notified to us, and
5.6.2
We will have no liability to pay any money to you by way of compensation.
5.7
To the extent permitted by law, the aggregate liability (whether arising in statute, contract, tort or otherwise and whether or not due to our negligence) which we may have to you arising under or in connection with these terms and conditions, the site and/or the service shall not exceed the amount of HKD10,000.
5.8
You agree that each of these limitations is reasonable having regard to the nature of our site.
5.9
None of the above exclusions shall affect any statutory rights which are not capable of being excluded.
5.10
Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
6. Linked Websites
6.1
Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
7. Termination
7.1
We may terminate your access to our site or registration immediately if you are in breach of any of these terms and conditions.
7.2
Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
8. General
8.1
We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you signify that you agree to be bound by the revised terms and conditions. This right includes the right to change any of the documentation which forms part of these terms and conditions.
8.2
We take privacy issues seriously. Our privacy policy covers our use of any information you provide. In using our services, you agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.
8.3
We reserve the right at our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide our services to any user that is in breach of these terms and conditions.
8.4
We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control.
8.5
If any clause hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other clause and such invalid clause shall be deemed to be severed from these terms and conditions.
8.6
We may assign these terms and conditions or appoint any third party, including our group companies, to provide the services to you on our behalf or to perform any of our obligations under these terms and conditions.
8.7
You shall not assign or otherwise deal with its rights and obligations under these terms and conditions, whether in whole or in part without our written consent.
8.8
These terms and conditions set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these terms and conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these terms and conditions.
8.9
These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.