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HKTDC Forum & Blog - User Agreement

IMPORTANT

READ THIS USER AGREEMENT FIRST BEFORE YOU USE THE HKTDC FORUM & BLOG PLATFORM

The HKTDC specifically disclaims all responsibilities and liabilities for any information contained in or messages posted on our Forum & Blog platform.

In this User Agreement:
"FORUM" A platform provided by the HKTDC for users to exchange and share comments, views and opinions.
"BLOG" A platform provided by the HKTDC where bloggers are invited to share their professional knowledge and views.
"Information" Information, statements, comments, opinion, data, content, analysis, news, reports, programmes, photographs, pictures, graphics, videos, audios, software and other materials and services, communications, transmissions and other items, tangible or intangible available on or through the HKTDC Forum & Blog platform.
"Moderator" A person or persons appointed by the HKTDC or the HKTDC Affiliates from time to time responsible for monitoring and managing the Forum platform.
"Blogger" A person or persons appointed by the HKTDC or the HKTDC Affiliates from time to time responsible for monitoring and managing the Blog platform.
"Personal Data" Personally identifying information or sensitive data (including but not limited to names, ages, addresses, occupations, contacts, other personal details and credit card information).
"HKTDC", "We", "Our" or "Us" Hong Kong Trade Development Council.
"HKTDC Affiliates", "Our Affiliates" The HKTDC's agents, licensors and Third Party Providers, appointed bloggers, and their respective agents, officers, affiliates and employees, and the HKTDC's overseas offices.
"Terms of Use" The Terms of Use in respect of the Website set forth in the homepage of the Website.
"Third Party Provider" Any provider of Information or services on the Website other than the HKTDC.
"User Agreement" The User Agreement set forth below as amended by the HKTDC from time to time.
"Users", "You" or "Your" Any person who accesses the Website.
"Website" The www.hktdc.com and other website(s) from time to time hosted by the HKTDC.

The singular includes the plural and vice versa.

The expressions "including", "for example" and similar expressions are not words of limitation.

References to anything, amount or group of persons are references to the whole and each part of that thing or amount, and all and each person in that group; and references to time are, unless otherwise stated, to Hong Kong time.

HKTDC MAKES OUR FORUM AND BLOG AVAILABLE TO YOU SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND THE TERMS OF USE.

1. Access

  1. The HKTDC may prevent or restrict any user from accessing our FORUM & BLOG platform without need to give any reason.
  2. By using our FORUM & BLOG platform, you warrant that:
    1. all actions needed to authorise your entry into and performance of this User Agreement have been taken; and
    2. this User Agreement constitutes your legal, binding and enforceable obligations.

2. Your Information

  1. You agree to provide such information as may be reasonably requested by the HKTDC for the purpose of permitting your access and use of our FORUM & BLOG platform.
  2. HKTDC will take reasonable efforts to prevent against any unauthorised use of the information provided by you, but all your information (including your email address) is sent at your sole risk to HKTDC. For example, unauthorised third parties may be able to access such information during its transmission.
  3. You agree to notify HKTDC promptly if there is any change in your email address.
  4. You agree to the use and disclosure of your information in the manner set out in the HKTDC's Privacy Policy Statement (as updated from time to time).

3. Usage of FORUM & BLOG Platform

  1. You may only use our FORUM & BLOG platform for your own personal purpose. Except as aforesaid you may not copy, reproduce, publish, distribute, sell or, in any way directly or indirectly in competition with HKTDC, commercially exploit the Information available on our FORUM & BLOG platform. You must not delete or change any copyright or other proprietary notice on any Information available from or through our FORUM & BLOG platform.
  2. You may not transfer all or any of your rights or obligations under this User Agreement to any other person.
  3. By using our FORUM & BLOG platform, you expressly agree that HKTDC is authorised to use, copy, reproduce and publish any or all of the Information provided by you in any publications issued or produced or to be issued or produced by the HKTDC, and you shall not have any claim against the HKTDC or any other person for any royalty, fee or charge whatsoever in connection with the use, copying, reproduction and publication of such Information.
  4. The HKTDC reserves the right to suspend the provision of our FORUM & BLOG platform if and for so long as any circumstances occur which prevent us from being able to provide our FORUM & BLOG platform.
  5. The Information, features or functions which are available to one class of users of our FORUM & BLOG platform may not be available to another class of users. We may group users into different classes using any criteria we deem fit.
  6. The HKTDC reserves the right to edit all messages sent to our FORUM & BLOG platform. It may, but is not obliged to, screen and exercise editorial discretion over the messages. The HKTDC expressly reserves the rights to edit, modify, delete or not to post any message or any part thereof without giving any reason.
  7. Users must carefully evaluate, and bear all risks associated with, the use of any Information from messages posted, including any reliance on the accuracy, completeness, or usefulness of such Information. The views and opinions expressed are those of the users and Third Party Providers and not of the HKTDC or the HKTDC Affiliates and the HKTDC's inclusion of the messages on our FORUM & BLOG platform does not constitute an endorsement of any sort.
  8. You agree to ensure that your use of our FORUM & BLOG platform, and any Information provided by you on our FORUM & BLOG platform, will abide by all applicable laws in Hong Kong and elsewhere, including but not limited to those in relation to libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, and infringement of copyright, trade mark right, or other intellectual property rights.
  9. Statements made and Information provided by any users and/or the Moderator and/or Blogger and/or HKTDC or HKTDC Affiliates are for general reference only and are not intended to be specific advice nor to be relied upon for any purpose.
  10. The amount of Information which may be available to a user during any period:
    1. may from time to time be limited or changed by us without notice to that user; and
    2. may be different from that available to another user.

4. Charge

  1. Use of our FORUM & BLOG platform is free of charge.

5. Equipment

  1. You are responsible for providing and maintaining necessary telecommunication lines, software and equipment to access our FORUM & BLOG platform and to retrieve Information and for all associated costs.

6. Disclaimer & Limitation of Liability

  1. Use of our FORUM & BLOG platform is at your sole risk.
  2. The HKTDC and the HKTDC Affiliates do not warrant, guarantee or assume any responsibility that:
    1. the Information is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference, or that any results may be obtained from using the Information;
    2. the Information is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
    3. access to our FORUM & BLOG platform will be available or be uninterrupted; or
    4. defects in our FORUM & BLOG platform will be corrected.
  3. The Information may not be regarded as any recommendation or endorsement by the HKTDC for any purpose with respect to any Third Party Provider, any person, product or service.
  4. Without limiting the foregoing, our FORUM & BLOG platform is provided to you on an "AS IS" AND "AS AVAILABLE" basis. OUR FORUM & BLOG PLATFORM IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
  5. In no event will we or our Affiliates 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 of, or inability to use, the Information.
  6. You will exercise and rely solely on your own skill and judgement in your use and interpretation of the Information available on our FORUM & BLOG platform. You are responsible to ensure that your use of such Information complies with all applicable legal requirements. Without prejudice to the foregoing, you acknowledge that any use of Information on the Website (whether provided by the HKTDC, the HKTDC Affiliates or other users of the Website) may be subject to the prior consent of the relevant party. The HKTDC hereby disclaims all liability and responsibility for any unauthorised use by any user of Information provided by any other user.
  7. The limitation of liability contained in this User Agreement will apply to the fullest extent permitted by applicable laws.

7. Changes to FORUM & BLOG Platform

  1. The HKTDC may at any time change or remove the contents or any function, aspect of feature, or change the presentation, of our FORUM & BLOG platform including hours of availability and equipment (hardware and software) needed for access or use.
  2. The HKTDC may at any time:
    1. change, add to, delete or modify any provisions in this User Agreement; and
    2. change the amount or method of calculation of the charges (if any) payable by you or raise new charges.
  3. Any change, removal or addition under Clauses 7.1 or 7.2 above will be effective immediately upon notice thereof being posted on our FORUM & BLOG platform or otherwise given to you. Any use of our FORUM & BLOG platform by you after such notice will constitute your acceptance of such change, removal or addition.

8. Indemnity

  1. You agree to defend, indemnify and hold us and the HKTDC Affiliates harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of this User Agreement and/or your use of our FORUM & BLOG platform. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.

9. Hyperlinks

  1. Any hyperlinks to other sites do not amount to an endorsement by us or our Affiliates of those sites. Neither we nor our Affiliates assume any responsibility for anything once you have exited our FORUM & BLOG platform and the Website.

10. Affiliates

  1. This User Agreement is for the benefit of us and our Affiliates, and each of us and them has the right to enforce this User Agreement in our (or as the case may be) their own name against you.

11. Termination

  1. The HKTDC may at any time terminate your access to our FORUM & BLOG platform with immediate effect, without need to give any reason. Termination of your right to access or use our FORUM & BLOG platform will not affect any right accrued to the HKTDC or you under this User Agreement prior to such termination.

12. Notices

  1. The HKTDC may give notice to you by means of a general notice on our FORUM & BLOG platform, or by ordinary mail to your address, by facsimile to your facsimile number or by electronic mail to your electronic mail address on the HKTDC's record. Any notice sent by a general notice on our FORUM & BLOG platform or to your facsimile number or electronic mail address is deemed to be received on the day sent or 7 days of posting (if sent by post to an address outside Hong Kong).
  2. You may give notice to the HKTDC by electronic mail to hktdc@hktdc.org or ordinary mail to Hong Kong Trade Development Council, 38/F, Office Tower, Convention Plaza, 1 Harbour Road, Wanchai, Hong Kong, attention: HKTDC FORUM & BLOG or such other address as we may specify from time to time.

13. Entire Agreement

  1. This User Agreement and the Terms of Use constitute the entire agreement between the HKTDC and you with respect to the subject matter hereof, and supersede all other written or oral agreements and representations, and any provisions in any documents sent by either party to the other, with respect to such subject matter. In the event of inconsistency between this User Agreement and the Terms of Use, this User Agreement shall prevail.

14. Partial Invalidity

  1. The illegality, invalidity or unenforceability of any provision of this User Agreement 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.

15. Miscellaneous

  1. No waiver by either party of any breach under this User Agreement will amount to a waiver of any other breach. The headings in this User Agreement are for convenience only and do not affect interpretation.

16. Governing Law and Jurisdiction

  1. This User Agreement shall be governed by the law of the Hong Kong Special Administrative Region. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.