Disclaimer & Copyright
Terms and Conditions
read these Terms and Conditions carefully as they apply to your use of this
Internet site ("Site"). By using the Site, you agree to be
bound by these Terms and Conditions.
technically operate the Site. However, we exercise no editorial control over
much of the Content on the Site and in many cases, other persons provide the
Content on the Site or operate parts of the Site or other Internet sites you
may view or access through the Site ("Third Party Providers").
c. We may
revise these Terms and Conditions from time to time by updating this posting.
The revised terms will take effect when they are posted.
a. You may
be required to register with us in order to access certain parts of the Site ("Sub-Portal").
Where you are required to register:
i. you must
provide us with accurate, complete and updated registration information;
ii. you must
safeguard any user name and password which we provide to you; and
authorise us to assume that any person using the Site with your user name and
password is either you or is duly authorised to act for you.
acknowledge that your use of some Sub-Portals may be governed by additional
terms and conditions. Where this is the case, you will be notified accordingly,
and those additional terms and conditions:
apply to your use of such Sub-Portal in addition to these Terms and Conditions;
prevail over these Terms and Conditions to the extent of any inconsistency.
acknowledge that we may, in our sole discretion and with or without notice:
i. vary the
Site or any part of the Site (including any Sub-Portal for which you are
required to register); and
ii. modify or
discontinue this Site, any part of the Site and the services available on it.
a. We reserve
the right at any time to:
ii. vary or
amend the terms and conditions which cover such fees, for access to or use of
all or some parts of the Site.
introduction of charges or amendments to terms and conditions referred to in
Clause 4(a) will be treated as (at our sole discretion):
to these Terms and Conditions; or
introduction of, or amendments to, terms and conditions which govern a
Sub-Portal, and you will be notified and bound by those new or amended terms
and conditions accordingly.
acknowledge that Content on the Site is subject to copyright and possibly other
intellectual property rights ("Intellectual Property Rights").
Unless you are expressly authorised by law, you must not yourself, or
participate in or permit any other person, to, directly or indirectly:
reproduce, distribute, modify, display, publicly perform, prepare derivative
works based on, repost or otherwise use any of the Content in any way for any
public or commercial purpose without our prior written consent;
ii. use any
Content on any other web site or in a networked computer environment for any
engineer any Content consisting of downloadable software; or
infringe the Intellectual Property Rights of any person in using the Site or
you do on or in relation to the Site will transfer any Intellectual Property
Rights to you or licence you to exercise any Intellectual Property Rights
unless this is expressly stated.
6. Your Use
of the Site
a. You must
not Post any Content that:
i. you do
not have the right to post;
defamatory or in contempt of any legal or other proceedings;
misleading or deceptive;
hatred or discrimination against any group of persons being a group defined by
reference to colour, race, sex, origin, nationality or ethnic or national
religious or political beliefs;
religious or political material which is or is likely to be offensive;
indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety;
viii. is of a
ix. is likely
to cause annoyance, inconvenience or anxiety;
x. is likely
to encourage crime, public disorder, violence or hatred;
xi. is likely
to damage public health, safety or morals;
any copyright, trade mark, patent or other intellectual property right of
any unsolicited or unauthorised advertising or promotional material;
viruses or similar software or data which is designed to interrupt, destroy or
limit the functionality of any computer software or hardware; or
any person or misrepresents your relationship with any person.
b. You must
or interfere with the Site or servers or other software, hardware or equipment
connected to or via the Site;
any Applicable Law relating to your use of the Site; or
or store personal data about other users of the Site.
a. The Site
may contain Content uploaded, posted, emailed or otherwise electronically
transmitted ("Posted", and to "Post" shall be
construed accordingly) by users of the Site, including you ("User
b. We do not
monitor or exercise editorial control over User Content. However, we reserve
i. to access
or examine any User Content; and
ii. at our
discretion move, remove or disable access to User Content which we consider, in
our sole opinion to breach any Applicable Law or to be otherwise unacceptable.
relation to any Content Posted by you, you grant us a perpetual, irrevocable,
royalty-free licence throughout the world to use, reproduce, modify, adapt,
publish, translate, sublicense, create derivate works from, incorporate in
other works (whether electronic or not), distribute, perform and display such
Content, whether in whole or in part.
acknowledge that we may remove Content Posted by you in accordance with any
applicable guidelines, such as guidelines relating to period of storage or the
maximum disc space which is allotted to you.
i. parts of
the Site; and
ii. parts of
the Content, are provided or maintained by Third Party Providers and not by us.
correspondence or dealings with any Third Party Provider are solely between you
and that Third Party Provider, and you agree that we will not be liable or
responsible for any loss or damage of any sort incurred as the result of such
9. Links and
a. We have
not reviewed all of the sites linked to the Site and are not responsible for
the content or accuracy of any off-site pages or any other sites linked to the
Site (including without limitation sites linked through advertisements or
through any search engines).
links which appear on the Site are automatically generated, and may be
offensive or inappropriate to some people. The inclusion of any link does not
imply that we endorse the linked site, and you use the links at your own risk.
correspondence or dealings with, or participation in promotions of, advertisers
on the Site are solely between you and such advertisers.
d. We will
not be liable or responsible for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of advertisements
on the Site.
Data and Cookies
a. In using
the Site you may give us "personal data" as defined in the Personal
Data (Privacy) Ordinance. You have certain rights in this personal data. By
using the Site you grant us the consent to use your personal data in accordance
your use of the Site, we may issue to and request from your computer blocks of
data known as "cookies". You must not alter any cookies sent to your
computer from the Site and you must ensure that your computer sends correct and
accurate cookies in response to any relevant request from the Site.
c. We may
use Third Party Providers (e.g. advertising company such as DoubleClick) to
serve advertisement on the Site and other web sites. These Third Party
Providers may use information (not including your name, address, email address
or telephone number) about your visits to the Site and other web sites in order
to measure advertising effectiveness and to provide advertisements about goods
the information-gathering practices and opt-out procedures of DoubleClick,
please go to www.google.com.hk/policies/privacy/.
d. We may
use web analytic service and tools provided by Third Party Providers (e.g.
Google Analytics provided by Google, Inc.) on the Site to help us monitor and
analyse visitor traffic, behaviour and statistics on the Site. To do so, Google
Analytics mainly uses first-party cookies, which store non-personally
identifiable information, to report to us on user interactions on the Site. For
more details on Google Analytics, please visit www.google.com/analytics/. To find
out how Google Analytics collects and processes data, please go to the site
"How Google uses data when you use our partners' sites or apps"
located at www.google.com/policies/privacy/partners/.
11. The Use
of the Site Is At Your Risk
a. You use
the Site at your risk. You must evaluate, and bear all risks associated with,
the use of any Content, including reliance on the accuracy, completeness or
usefulness of any Content. In particular, where information relating to
companies, investments or securities is provided on or via the Site, such
information is provided for information purposes only. You should seek your own
independent advice with respect to any Content.
endeavour to provide a convenient and functional Site, but we do not guarantee
that the Content will be error free or that the Site or the server that
operates it are free of viruses or other harmful components.
we will use reasonable endeavours to maintain the Content, we do not undertake
to provide support or maintenance services for the Content. We urge you to keep
backup copies of Content you Post to, maintain on or use with the Site.
d. If your
use of the Site results in the need for servicing or replacing property,
material, equipment or data, we will not be responsible for such costs.
limiting the above provisions, everything on the Site is provided to you
"as is" and "as available" without warranty or condition of
any kind, either expressed or implied, including, but not limited to, any
implied warranties of merchantability, fitness for a particular purpose, or
non-infringement. We exclude all representations and warranties to the fullest
extent permissible under any Applicable Law.
If a jurisdiction does not allow the exclusion of implied
warranties in accordance with Clause 11(e) but allows limitations of a certain
maximum extent then we limit our warranties to that extent.
a. We will
accept no liability whatsoever for any direct, incidental, consequential or
indirect damages, loss or corruption of data, loss of profits, goodwill,
bargain or opportunity or loss of anticipated savings or any other loss
resulting from your access to, reliance on, or use of, or inability to use the
Site and the Content, whether based on warranty, contract, tort, negligence or
any other legal theory, and whether or not we know of the possibility of such
b. If a
jurisdiction does not allow the exclusion or limitation of liability in
accordance with Clause 12(a) but allows a limitation of a certain maximum
extent then our liability is limited to that extent.
a. Where you
are required to register with us, you may cancel such registration at any time
by notifying us.
b. We may
cancel your registration if you do not visit the Site for an extended period of
time, or if we reasonably believe that you have violated any Applicable Laws,
acted inconsistently with the spirit of these Terms and Conditions, or have
violated our rights or those of another party.
c. When your
registration is cancelled, you may no longer have access to Content you have
Posted to, or which you keep on or via, the Site, and we may delete such
provisions of these Terms and Conditions entitled "The Use of the Site Is
At Your Risk" (Clause 11), "Limitation of Liability" (Clause 12)
and "General Provisions" (Clause 15) will survive cancellation of
your registration or termination of this registration.
a. We will
give you any necessary notices by posting them on the Site. You agree:
i. to check
the Site for notices; and
ii. that you
will be considered to have received a notice when it is made available to you
by posting on the Site.
a. If any
part of these Terms and Conditions is held to be unenforceable, the
unenforceable part shall be given effect to the greatest extent possible and
the remainder will remain in full force and effect.
Terms and Conditions will be governed by the laws of Hong Kong. You irrevocably
submit to the exclusive jurisdiction of the courts of Hong Kong.
c. You agree
to defend, indemnify, and hold harmless us, our officers, directors, employees
and agents, from and against any claims, actions or demands, including without
limitation reasonable legal and accounting fees, alleging or resulting from
your use of the Site or the Content or your breach of these Terms and
English version of these Terms and Conditions shall prevail over any Chinese
version (if any) which is provided for information purposes only.
Law" in relation to any person, action or thing means the following in
relation to that person, action or thing:
i. any law,
rule or regulation of any country (or political sub-division of a country);
ii. any obligation
under any licence in any country (or political sub-division of a country); and
lawful and binding determination, decision or direction of a regulator in any
country (or political sub-division of a country).
includes things that you may see, read, hear, download or access on or via the
Site (including but not limited to messages, files, data, software, images,
photographs, illustrations, text and other materials).
Kong" means the Hong Kong Special Administrative Region of the People's
Republic of China.
or "us" or "our" means Hong Kong
Telecommunications (HKT) Limited.