Last update: April 2010
Acceptance of Terms
Thank you for accessing this website http:// www.apart.hk (here after called "APART Site"). You are subject to the following rules and regulations (the "Rules & Regulations") for browsing and using the services provided by this website, which may be updated by us from time to time without notice to you. You can view the most current version of the Rules & Regulations at any time at http:// www.apart.hk. Apart Communications ("APART") requires all its visitors and users to follow and strictly comply the Rules & Regulations. Each time when you access the APART Site you are deemed to have agreed to accept the Rules & Regulations including the latest version at the time of access.
Each time when a person under legal age accesses APART Site, his/her parents (or legal guardians) are deemed to be aware of the Rules & Regulations and have agreed to accept and comply with the same and its latest version.
Provision of Services
APART provides variety of services to users, including but not limited to shopping services, bonus points exchange services, forums, latest product information, etc. ("the Service"). You understand and agree, the Service is provided on "as-is" basis and APART assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for all necessary equipment to access the Service.
You are not allowed to reproduce, keeping duplicate, copy, sell, resell or use for any kind of commercial purposes, the Service (including your user account number maintained with APART Site) or any part thereof, use of the Service, or access to the Service.
You are APART has the right at any time with or without notice modify or discontinue, temporarily or permanently, the Service or any part of it and APART shall not in any way be liable to you or to any third party in relation thereto.
Your Registration Obligations
If you wish to use the Service, you must agree to and perform the followings :
access to the registration webpage of APART Site, provide true, accurate, current and complete information about yourself as prompted by the registration form ("the Registration Data";
maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current, incomplete or misleading, or APART has reasonable grounds to suspect such information is untrue, incorrect, not current or incomplete, APART is entitled to suspend or terminate your user account and/or membership and refuse any and/or all your current or future use of APART Site and/or the Service.
Member's Conduct
Your understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom the Content originated. Therefore, APART Site will not assume any responsibility relating to the Content, and you must take full responsibility for all Content you have uploaded, posted, transmitted or otherwise made available via APART Site or the Service.
You agree not to use APART Site or the Service for any of the following purposes :
(a) upload, post, transmit or in any way make available any Content that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of others' privacy, hateful, illegal or racially, ethnically or in any way objectionable.
(b) intentionally harm minors in any way;
(c) forge headers or in any way manipulate identifiers in order to disguise or cover up the origin of any Content transmitted through APART Site or the Service;
(d) impersonate any person, organization or entity, making untrue statement or false representation of your affiliation with a person, organization or entity;
(e) upload, post, transmit or in any way make available any Content that you do not have any right to make available.
(f) upload, post, transmit or in any way make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary rights owned by other persons;
(g) upload, post, transmit or in any way make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or any other form of solicitation.
(h) upload, post, transmit or in any way make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) intentionally or unintentionally violates any application laws and legally enforceable regulations; or
(j) collect or store personal data of any other third party.
APART has the right (but not obliged) to pre-screen the Content, and according to its judgment reject or remove any Content provided through APART Site or the Service without being required to give any explanation or be responsible in any way.
Links
You cannot without consent APART do any of the followings :- are strictly prohibited from (i) by and through any means linking the APART Site; (ii) in any manner caching to link the APART Site, or (iii) framing any contents of the APART Site. APART reserves the right to disable any unauthorized links or frames, and specifically disclaims any responsibility for the contents available on any internet sites linked to the APART Site. You agree to be at your own risk to access the APART Site from and through other internet sites.
APART Site, the Service or third parties may provide links to other World Wide Web sites or resources. You acknowledge and agree that APART has no control over such sites and resources, APART is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that APART shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on such Content, goods or services available on or through such sites or resources.
Disclaimer of Warranty
You understand and agree :
(a) APART's obligations under the Rules and Regulations only limited to provide the Service with reasonable technique and care. The Rules and Regulations do not have any content, which disclaim or limit of APART's liability caused by its negligence, fraud or other liability which cannot be disclaimed or limited by reason of any applicable law resulting death or personal injury.
(b) You shall evaluate and assume all risks in relation to any material downloaded or otherwise obtained through the use of APART Site or the Service.
(c) Unless expressly stated in the Rules and Regulations, no advice or information, whether oral or written, obtained by you from or through APART Site or the Service shall create any warranty.
(d) APART and its Affiliates do not warrant :
- APART Site or the Service will meet your requirements;
- Site or the Service will be uninterrupted, timely, secure or error-free;
- results that may be obtained from the use of APART Site and/or the Service will be accurate or reliable;
- The quality of any information, material or content obtained by you through APART Site and/or the Service will meet your expectation.
- Any errors in the software will be corrected.
You may encounter inconvenience in using the APART Site or the Service and/or loss of any information or data when the operation system of the APART Site or use of the Service is in suspension, malfunction, delay, wrong transmission or storage of data, duly resulted from various circumstances. You acknowledge and agree that APART shall be at no responsibility or liability for your losses or damages arising therefrom. You should take appropriate precautionary measures to prevent the loss of any uploaded information or message. If you extract any information or picture from the APART Site or through the use of the Service, you acknowledge and agree to be at your own risk that such information or picture would cause the malfunction, dysfunction or other damages or losses to your computer system, and further acknowledge and agree that APART is not liable to you or any of your losses suffered therefrom.
APART cannot control any Content which is not posted by APART, therefore APART give no warranty to the accuracy, completeness or quality of such Content. You agree you need to evaluate the accuracy, completeness and quality of such Content, and to assume all risks and liabilities in relation to the use of or reliance on such Content. Under no circumstances APART shall be liable in any way for any loss or damage incurred relating to the accuracy, completeness, quality of the Content or other incidental problems.
Termination
Without prejudice to any other rights of APART, APART has the right forthwith deprive of your membership and refuse your continuous use of the APART Site and the Service without notice if APART has reasonable ground to suspect any of the following events happens :
intentionally invading the system of the APART Site and/or disrupting the Services;
beaching any terms of the Rules & Regulations, or laws for consumer protection, fair trade or other applicable laws including state, national and international laws.
If APART has reasonable ground to suspect the information or Content provided you or your conduct is in conflict with any laws and regulations, APART shall take the initiative to cooperate with the relevant law enforcing authority for investigation. In addition to legal liability, you are also liable for APART's damages and expenses resulted therefrom.
You acknowledge and agree that APART is entitled to, without limitation of the happening of the events set out above or other situation as contained in the Rules and Regulations, at any time modify or suspend the Services provided to you, or deprive of your membership and refuse your current and future use of the APART Site and the Service without being required to give you prior notice of the same. APART has the right to close or delete your account and all relevant information and files contained in your account. APART shall not be liable to you or to any third party for any losses suffered therefrom.
Limitation of Liability
APART hereby disclaims all legal liabilities or other liabilities (regardless whether such liabilities are based on contract, tort, mandatory or otherwise binding) in respect of any direct, indirect, consequential or special losses or damages arising from your access to the APART Site, use of its related service or use of the Service or any other acts in connection therewith. Notwithstanding APART is aware of the possibility of such losses or damages, including but not limited to transmission of any viruses which may infect any equipments of your computer system, APART shall not be liable therefor.
All contents on the APART Site are provided to you on "as is" and "as available" basis without warranty of any kind, either expressed or implied. Besides, APART does not endorse any approval or agreement to your or any third party's opinion, advice or statement made through the APART Site, or assume any liability on the reliability and accuracy of the same.
Copyright, Trade Marks and Proprietary Rights
The trade marks, logo and signs (the "Trade Marks") displayed on the APART Site are either APART's property or authorized for use by other property's owners. You are prohibited from using any Trade Marks for any purpose including but not limited to as metatag or other indicator or pointer on other web pages or websites on the World Wide Web without the written permission of APART. All images, pictures, product's designs, information, messages and contents (including any software programs) available on or through the APART Site are subject to the relevant laws protecting intellectual property rights. You are strictly prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any contents available on the APART Site for any commercial or public purposes.
Indemnity
You agree to indemnify and hold APART, its Affiliates, officers, employee, agent or other partners harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the Content submitted, posted or transmitted by you or otherwise make available through APART Site or the Service, your use of the Service, your connection to APART Site, your violations of the Rules & Regulations or your violation of any other's rights. APART has the right to seek remedies available at applicable laws and in equity, including the right to block access from a particular Internet address to the APART Site.
General
The interpretation of the Rules & Regulations is in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong") and your relationship with APART shall be governed by the laws of Hong Kong. In the event any controversy or disputes arising from the APART Site or the Rules & Regulation between you and APART, you agree to submit to the exclusive jurisdictions of the Hong Kong court.
The Rules and Regulations constitutes the entire agreement between you and APART and govern your use of the Servce, superseding any prior agreements between you and APART with respect to the Service. You may also be subject to additional terms and conditions that may apply when you purchase certain APART's products, use other services provided by APART, third party content or third party software.
The failure of APART to exercise or enforce any right or provision of the Rules and Regulations shall not constitute a waiver of such right or provision. IF any provision of the Rules and Rugulations shall be found by the court to be invalid or unenforceable, the remaining provisons of the Rules and Regulations shall remain in full force and effect.
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