Last Update : 1st Mar 2018
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Hong Kong E-Trade Centre.
Welcome to HKETC (the "Site"). This Site Access and Service Agreement ("this Agreement") is a legal contract between you and Hong Kong
E-Trade Centre (the "Company"). If you are an individual using the Service on behalf of a legal entity, you represent and warrant that
you have all necessary authority to bind your represented legal entity to the terms and conditions of this Agreement.
By using this site or checking the consent box to confirm you "I have clearly Read and Agree to Accept and Comply with this Website's
Terms & Conditions" & click the [Submit] Button upon Registration constitutes your acceptance of THIS AGREEMENT, you agree
to the Terms and Conditions of this Agreement and to be bound by this Agreement, just as you had signed the Agreement. If you do not
agree with this Agreement, please do not continue to use HKETC.
If the provisions of this Agreement conflict with those in the Agreement/Policies/Terms Of Service listed below, the terms of this Agreement
will control.
- Privacy Policy
- Dispute Resolution Policy
- Domain Name Registration - Terms of Service
- Web Hosting - Terms of Service
- Any Other Terms related to this Agreement
Terms Explanation
1. GENERAL REGULATIONS
1.1 Acceptance of Terms
Welcome to HKETC. The Company may at any time update the following Terms & Conditions, without notice. You can always visit the site to check the latest Terms & Conditions.
1.2 Service Description
HKETC through its product portfolio, providing users access to online resources including Personal Web Page Services, Site Search Services, Domain Name Registration Services, Website Hosting Services, Email Services and any other services...etc. Unless otherwise expressly provided, update(s) or upgrade(s) of any new features of this website, including the release of new products, are subject to the Terms of Service specification. You understand and agree that this website services are provided "as is", any user communications or personalization settings timeliness, deletion, mis-delivery and failure to store, HKETC and Hong Kong E-Trade Centre will not be held responsible.
1.3 Your Registration Obligations
In order to use the services provided by our website, you agree to :
(a) Provide Correct Registration Data
All Information you provide for Registration must be up to date, true, accurate and complete.
(b) Maintain Correct Registration Data
You are responsible to ensure all Registration Data is up to date, true, accurate and complete. If you provide any information contains
false, inaccurate or misleading information, or conceals or omits pertinent information, HKETC may suspend or terminate your Domain Name
registration(s) without notification and without refund.
1.4 Member Account, Password & Security
Upon Completion of HKETC Registration, you will receive a Login Name and password. To maintain the confidentiality of BOTH Login Name
and Password are your responsibility. You will bear full responsibility for all activities carried out in the Login Name and Password
and agree for:
(a) your Login Name and Password of any unauthorized use, or any other safety problems occur, you will immediately notify HKETC , and
(b) Logout your account when each connection is completed. You fail to comply with this subparagraph for any loss or damage arising from,
HKETC will not be held responsible.
1.5 Member Behaviour of Web Hosting & Email Service
All your activities carried out of this site must be abided by the Laws of Hong Kong SAR. You understand that all information, data, text, software, music, audio, photos, graphics, video, information or other information provided by members (hereinafter referred to as "the Contents"), whether publicly posted or privately transmitted, are your responsibility. In other words, You, rather than HKETC, will entirely responsible for any upload, post, email or otherwise transmit the contents through the services of this website. HKETC cannot control the contents posted through the services of this website and therefore does not guarantee the correctness of the content's integrity or quality. You understand that by using the services of this website may be exposed to unpleasant, inappropriate, offensive content. In any case, HKETC are not responsible for any content, including but not limited to, any errors or omissions in any content, service posted through this website, email or otherwise transmit; any loss or damage derived.
2. PROHIBITED VIOLATIONS OF SYSTEM & APPLICATION SOFTWARE
Any part thereof, to use or access of the system and application software of this site, you agree not to reproduce, copy, sell, resell or exploit for any purposes.
3. PAYMENT & REFUND
3.1) As to apply the Domain Name Registration services and other services provided by HKETC, the applicant must register as a member, the company does not charge membership registration fee nor membership annual fee. Members (as applicants) are required to prepay for services and may decide the amount of prepayments. With the consent of the member, according to the fees published on the website, when member apply for domain name registration and other services, the system will deduct from the member's account respectively. HKETC will not refund (in full or partial of) the paid service charges, even if the domain name is suspended, canceled or transferred or is caused by other related services which unable to provide, before the expiry of the deadline for registration. The applicant must settle the Renewal Fees with HKETC before the expiration of the domain name or other related service(s). Else as a result caused by No renewals for Domain Register and/or related service(s) : delete, transfer or registration by others, HKETC does not assume any liability, all losses solely responsible by the applicant.
3.2) Refund of Account Balance (if any) can be applied in written notice to the company. Admin Charge : HKD50 will be deducted from applicant's account. Net Balance (Account Balance - Admin Charge HKD50), will be paid by cheque to Applicant in 4 to 6 weeks.
3.3) Domain Name Registration Failure as "Unable to Apply" or "Refuse of Application" (including International Domain Name (IDN), Hong Kong Domain Name (HKDN) or China Domain Name (CDN)) caused by our Company mistake. The application fee already paid will be refunded in full by cheque to Applicant in 4 to 6 weeks. Apart from this, HKETC does not assume any liability or compensation.
3.4) Domain Name Registration Failure as "Unable to Apply" or "Refuse of Application" (including International Domain Name (IDN), Hong Kong Domain Name (HKDN) or China Domain Name (CDN)) caused by applicant due to, but not limited to, data errors, inaccurate, outdated, incomplete on application forms or could not provide the required documents and information within a specified period . The application fee already paid will not be refunded. HKETC does not assume any liability or compensation.
4． CREDIT CARD REJECTED PAYMENT AND FRAUD
If the applicant's credit card company reject payment, credit card fraud or any other payment issues, the applicant will lose all the rights for the domain name registration. HKETC will make an independent judgment to decide to hold or own the domain name or transfer to others.
5. ADMENDMENT OF THE SERVICES
HKETC reserves the right at any time, temporarily or permanently amend or terminate the services of this website (or any part thereof), regardless of their notice. For the amendment, suspension or termination of any services of this website, you agree that HKETC is not responsible for you and any third party.
6. TERMINATION
You agree HKETC have the right to terminate this Agreement or your access to the Site, without warning or notice, at any time in the event of your conduct which HKETC, in its sole discretion, consider to be unacceptable or provided that you have violated the Terms of Service of the Site or violate the Law of Hong Kong SAR. You acknowledge and agree, HKETC can immediately deactivate or delete your Account and all related information and files in your account, and / or prohibited your use of files opened before and the Website Services. In addition, you agree this as the result of Termination of the Service, HKETC is not responsible for you and any third party.
7. THIRD PARTIES LINKS
Our Service or Third Parties Service may provide links access to other World Wide Web Sites or Resources. As HKETC cannot control others sites and resources that you opened before, you understand and agree that HKETC is not responsible for the availability of these external sites or resources; for any contents, advertising, products or other information available from any existing or opened before external sites or resources, does not mean HKETC make our consent nor responsible to. You further agree that the use of or your trust to any contents, goods or services from the existing or opened before external sites or resources, and lead to or allegedly lead to any damage or loss, HKETC do not have any direct or indirect responsibility.
8. INTELLECTUAL PROPERTY
The Site and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, (collectively, "the Intellectual Property") are protected by copyright, trademark, and other laws of Hong Kong SAR, as well as International Conventions and the Laws of Other Countries. The Intellectual Property is owned and controlled by HKETC and Hong Kong E-Trade Centre or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of HKETC and protected by Hong Kong and International Copyright Laws. Without prior written permission issued by HKETC, you are not permitted to copy, replicate, re-publish, upload, download, extract, transmit, stored in a retrieval system, change, amend, display or distribution to the public; however, you can download material displayed within the webpages for non-commercial, home and personal use, as you keep intact all copyright, trademark and other proprietary notices.
You understand and agree that, all software used on the Site is the property of HKETC or commercial software suppliers and is protected by Hong Kong and International Copyright Laws. Our service or any sponsor advertisement presented to you by advertiser or the content of information, is protected by copyrights, trademarks, service marks, patents or other exclusive rights and laws. Without expressly authorized by HKETC or advertisers, you agree not to modify, rent, lend, sell, distribute the service of this website or, part of / all of the software, or any creations derived. Hong Kong E-Trade Centre only grants you a personal, non-transferable and non-exclusive right to use, so you can use the object code of the software on a personal computer, provided you do not (and do not allow any third party to) reproduce, modify, derived any creation, conduct reverse engineer, reverse assemble or otherwise attempt to discover the source code, or sell, transfer, sub-license or provide software warranty, or otherwise transfer any software rights. You agree not to modify the software in any way, or to use modified software, including, but not limited to, the purpose for unauthorized use of the service of our site. You agree that only through the interface which provided by the Hong Kong E-Trade Centre to use the service.
9. DISCLAIMER OF WARRANTIES
HKETC makes no warranties or representations whatsoever with respect to the site, the content or the linked websites maintained by third parties ("third party sites"), including the availability of any website, or the content information and materials on it or the accuracy, completeness or timeliness of that content, information and materials. HKETC also cannot warrant or represent that your access to or use of the Site or any third party sites will be uninterrupted, Free of Errors and/or Omissions, error occurs in the software will be corrected, Free of Virus or other Harmful components.
Neither HKETC, its parent or subsidiary companies nor its affiliates or suppliers operate or control in any respect any information, products or services on these third party sites. The features and contents in this site and in the third party sites are provided "as is". Any product, service, information, or other information that you purchased or obtained thru our site is not guaranteed to meet your expectations, and without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
You understand, acknowledge and assume the full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the service, including the information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analysis of the information provided hereunder. You assume the entire cost of all necessary maintenance, repair or correction.
Whether to use the download service or to obtain any materials via the site shall be at your own discretion and risk, you should bear full responsibility of any damage or loss of data on your computer system caused by the download of any information opened before. Any advice and information you get from Hong Kong E-Trade Centre or from the service of HKETC, whether written or oral, by no means constitute the Terms of Service of the site is not expressly provided any guarantee.
10. LIMITATION ON LIABILITY
In no event shall HKETC be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Service, even if HKETC has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, HKETC’s liability (Including but not limited to its partners and affiliates) to you for any damages arising from or related to your use of the Service (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of FIVE HUNDRED Hong Kong Dollars (HK$500) and the amounts you paid to HKETC in the twelve (12) months prior to the accrual of the claim, if any.
11. INDEMNITY
You agree to defend, hold harmless, and indemnify HKETC, its subsidiaries, affiliates, officers, agents, licensees, and other partners and employees, from any loss, liability, claim, or demand, including reasonable lawyer’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
12. SEVERABILITY
The terms of this Agreement are independent to each other. Any of the terms is identified as invalid, does not affect the validity of other provisions, other terms remain valid.
13. FORCE MAJEURE
Registrant acknowledges and agrees that ,if, due to reasons of "Force Majeure" (including fire, mishap, accident, acts of God, natural disasters, the Government of the Hong Kong Special Administrative Region or any government agency of any law, order, proclamation, ordinance, demand or regulations, strikes, labor disputes,labor shortage or a shortage of skilled workers, goods or raw materials shortages, transportation delays or reasons beyond the control within a reasonable range (whether or not similar to the foregoing)), resulting Hong Kong E-Trade Centre cannot fulfill its responsibility within HKETC webpage, Hong Kong E-Trade Centre exempt to discharge for those responsibilities within the affected range.
14. CONTROLLING LANGUAGE
In the event Registrant is reading this Agreement in a language other than the English language, Registrant acknowledges and agrees that the English language version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.
15. GOVERNING LAW & JURISDICTION
The Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (Hong Kong SAR). The parties submit any difference or disputes arising in connection with the Agreement to the non-exclusive jurisdiction of the courts of Hong Kong SAR.