Terms and Conditions
1. ACCEPTANCE OF TERMS AND CONDITIONS
This website (this “Website”) is developed, operated and hosted by New World Development Company Limited (“NWD”, “we”, “us” or “our”).
This Website contain information in relation to NWD and our associated companies, affiliated companies and/or related companies (collectively, the “Participating Companies” and each, a “Participating Company”). Participating Companies are providing information including but not limited to their businesses, products, services, special offers and/or their respective terms and conditions (“Relevant Contents”) on the designated pages of this Website for the Participating Companies (“Designated Pages”). Each Participating Company has the [sole][absolute] right to access, upload, provide, manage, edit, add and/or remove the Relevant Contents on its Designated Pages. We are not responsible for, and accept no liability in respect of the Relevant Contents contained in the Designated Pages of the Participating Companies.
By accessing, using or browsing this Website, you agree to be bound by these Terms and Conditions (these “Terms and Conditions”). Additional terms and conditions (including any amendments thereof) applicable to a specific area of this Website or to a particular transaction, event or activity will be posted in particular areas of this Website from time to time by NWD.
2. UPDATE OF TERMS AND CONDITIONS
We may update and amend these Terms and Conditions from time to time at our sole discretion and notify you by posting an updated version thereof on this Website. You are advised to regularly check this Website for updates and your continued use of this Website after our posting of the revised Terms and Conditions constitutes your acceptance of the updated Terms and Conditions.
3. NO UNLAWFUL USE
You may not use this Website or any of its contents referred to for any illegal or unauthorized purpose. You agree to comply with all applicable laws, rules and regulations in force from time to time.
4. THIRD PARTY WEBSITES
This Website may contain certain hypertext links to other third party websites. These other third party websites are independent from this Website. We have not reviewed, is not responsible for, and accepts no liability in respect of any content, information or opinion contained in any such websites. No hypertext links to this Website is/are allowed without the prior written consent of us. Links to other websites do not constitute an endorsement, approval or any form of association by or with us of such websites or the information, products, services, advertising or other materials available on those websites.
5. INTELLECTUAL PROPERTY AND COPYRIGHT
All contents of this Website, such as text, graphics, images, photos, logos, trademarks, button icons, hyperlinks, audio, video, data and software (the “Website Contents”) are protected by intellectual property laws and treaties in the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) and elsewhere, and the Website Contents (whether in whole or in part) may not be reproduced, uploaded, posted, published, transmitted or distributed in any way without prior written consent of us. No derivative works with respect thereof is permitted.
You may only print and/or download a hard copy of individual pages of this Website for your own private and non-commercial use, provided that you do not remove any copyright notices (if any) or you clearly indicate we is the copyright owner on such copy. Any third-party website(s) referred to or accessed by hypertext link through this Website belongs to and remains the property of the respective owners, and we do not acknowledge, approve or endorse these third party websites and/or the legality of the contents of those third party websites.
You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, know-how, proposals, suggestions, comments and other communications and information provided by you to us ("Feedback") in connection with this Website without any payment, credit or acknowledgement to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.
Whilst we endeavour to keep the information and content in this Website (except the Designated Pages) up-to-date, NWD accepts no liability for the accuracy or completeness or reliability or use of, nor any responsibility to update and verify, the information and content (or any part hereof) on this Website. The Website Contents are provided for general information only. Nothing contained herein shall be construed as the giving of advice or the making of a recommendation to you and should not be relied upon by anyone as the basis for any decision or action. In particular, actual results and developments may be materially different from any forecast, opinion or expectation expressed in this Website. Nothing in this Website constitutes or forms any part of an invitation or offer to invest or deal in any debt or other securities of us or its related parties and nothing in this Website shall form the basis of or be relied upon for any contract or commitment.
YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED "AS IS," "AS AVAILABLE." THIS WEBSITE IS FOR YOUR PERSONAL USE ONLY AND NWD MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY LAWS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
THE ENTIRE LIABILITY OF NWD AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THIS 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. NWD DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR THIS WEBSITE. NWD IS NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
In no event shall NWD 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, even if we have been advised of the possibility of such damages.
You will exercise and rely solely on your own skill and judgment in your use and interpretation of this Website and the Website Contents. You are responsible to ensure that your use of this Website complies with all applicable legal requirements.
The limitation of liability contained in these Terms and Conditions will apply to the fullest extent permitted by applicable laws. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including but not limited to negligence) or otherwise) exceed the actual amount paid by you to us, if any, for using this Website.
7. ACCESS AND UPDATE
We do not guarantee that this Website or the Website Contents, will always be available or be uninterrupted. We will not be liable to you if for any reason this Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to this Website.
You are also responsible for ensuring that all persons who access this Website through your internet connection are aware of these Terms and Conditions and other applicable terms and conditions, and that they comply with them.
8. TERMINATION OR SUSPENSION OF ACCESS
We reserve the right to terminate, suspend, withdraw, discontinue or change your ability to access this Website (or any part thereof) for any reason without prior notice.
You understand and agree that you are personally responsible for your behaviour on this Website. You agree to indemnify, defend and hold harmless NWD, its holding company (if applicable), subsidiaries, affiliated companies, licensors, officers, directors, employees, agent and any third party information providers to this Website from and against all liabilities, claims, damages, actions, losses and costs and expenses (including without limitation legal fees) as a result of or incidental to or in connection with or arising from your use or misuse of this Website and any contents thereon and/or your breach of any of these Terms and Conditions. You agree to cooperate fully in the defence of any of the foregoing. We reserve the right to control exclusively the defence of any matter otherwise subject to indemnification by you and you will not settle any matter without our prior written consent.
10. PERSONAL DATA PRIVACY
11. PARTIAL INVALIDITY
The illegality, invalidity or unenforceability of any provision of these Terms and Conditions 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.
12. NO WAIVER
No failure or delay by us to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
13. GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by and construed in accordance with the laws of Hong Kong and in case of disputes, us and you shall submit to the non-exclusive jurisdiction of the courts of Hong Kong.
14. INCONSISTENCY OR CONFLICT
If there is any inconsistency or conflict between the English and Chinese versions of these Terms and Conditions, the English version shall prevail.