Terms of Use
Terms of Use
This section contains the Terms of Use of this website (www.datawise.hk/)which is operated by Datawise(HK) Limited (the “Owner”). Please read these terms and conditions carefully as they apply to your use of this website. By accessing this website and any of its pages, you are agreeing to these Terms of Use, and accept and agree to be bound by the same.
- Entire Agreement
The Privacy Policy and Terms and Conditions for Users shall be incorporated into these Terms of Use and be an integral part hereof. You may find our Privacy Policy [here], and our Terms and Conditions for Users [here]. These documents shall prevail over any other document including any of the policies of our websites purporting to have a contractual effect.
- Disclaimer of Liability
2.1 This website is provided by the Owner on an “as is” basis, without warranty of any kind, either express or implied. In particular, no warranty regarding accuracy, completeness, non-infringement, security, merchantability, fitness for a purpose, or freedom from defects, interruptions and computer viruses is given in connection with such information and materials. To the greatest extent permitted by law, we disclaim all implied and/or express warranties.
2.2 The Owner disclaims any obligation to verify the data on this website, and disclaims any endorsement or recommendation of any person, organization, name, product or service referred to in the website.
2.3 Under no circumstances, including, but not limited to, negligence, shall the Owner be liable for any damages, including direct, indirect, incidental, punitive, special or consequential damages, that result from:
(a) the reliance on, the access or use of, or the inability to access or use of the information or materials on this website; and
(b) any technical, factual, textual or typographical errors, inaccuracies or omissions in the contents of, or relating to, the website.
- Revisions to the Website
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify or discontinue the website, the content or the software, with or without notice; limit the website’s availability to any person, geographical area or jurisdiction we choose; charge fees in connection with the use of the website; modify and/or waive any fees charged in connection with the website; and/or offer opportunities to some or all users of the website. You agree that neither we nor any affiliated entity shall be liable to you or to any third party for any modification, suspension or discontinuance of the website, in whole or in part, or of any content, software, submission, feature or product offered through the website. Your continued use of the website after such changes will indicate your acceptance of such changes.
- Hyperlink Policy
4.1 Links To Third Party websites
This website may contain hyperlinks to websites unrelated to the Owner. Such hyperlinks are provided for your reference and convenience only. The Owner shall not be deemed to endorse, recommend, approve, guarantee, or introduce any third parties or the content of such third party websites, or be deemed to have any form of cooperation with such third parties and websites. Your usage of such links is at your own risk and subject to any terms and conditions applicable to such access/use, and you are solely responsible for all consequences of such use.
4.2 External Links to the website
The creation of hyperlinks to this website is subject to the prior written approval of the Owner. By linking to this website, you are deemed to have agreed to the terms and conditions on the application and usage of such hyperlink(s). The Owner reserves the right to block a hyperlink to our website if the source site contains material which is libelous, defamatory, pornographic, obscene, or is in any way in breach of the laws of the relevant jurisdiction or infringes any intellectual property rights (including but not limited to copyright and moral right).
4.3 Linking
(a) Some of the links on this website are affiliated, some are not. Irrespective, the linked sites are not under the control of the Owner and the Owner is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.
(b) The information published on the linked site may include inaccuracies or errors, including pricing errors. In particular and to the maximum extent permitted by law, the Owner does not guarantee the accuracy of, and disclaims liability for any errors or other inaccuracies relating to, the information on the services/ products displayed on linked sites.
(c) When leaving the website via a link, you should be aware that these Terms of Use no longer govern. You should instead review the terms and policies, including privacy and data-gathering practices, of the site you have gone to.
4.4 Advertisements
Advertisements presented on this website are solely the responsibility of the party from whom the ad originates. Neither the Owner nor any of its data licensors endorses or is responsible for the content of any advertisement or any goods or services offered therein.
- Intellectual Property Rights
5.1 This website and any information and materials on this website, including but not limited to text, images, graphics, icons, brand names, trademarks, service marks and/or logos are owned or acquired under license by the Owner, and are protected by Intellectual Property Rights. These information and materials shall not in whole or in part, in any form or by any means, be used, modified, reproduced, stored in a retrieval system, transmitted, copied, distributed, transmit or distribute a virus or any other material which is malicious, or used for creating derivative works, etc. without the prior written consent of the Owner or the owner of the intellectual property.
5.2 For the purpose of this clause, “Intellectual Property Rights” means all intellectual property rights of whatsoever nature, including but not limited to copyright, trademark, patents, designs and database, whether or not registered or registrable by any means, and all rights attached thereto or subsisting therein.
- Underage Persons
The Owner assumes all users of this website are of legal age. If you are under 18 or considered as underage by law or are unable to bear any legal responsibility, you must seek the approval of your parent or guardian regarding the legal implications of these terms and conditions and the consequences that entail before browsing this website.
- Liability and Indemnity
7.1 You agree not to use this website for any purposes or in any matter that is illegal or infringes any rights of third parties.
7.2 By using this website, you acknowledge and agree to defend, indemnify, and hold the Owner, its officers, employees, affiliates, agents, business partners and licensors harmless from and against any and all claims, damages, injuries, death, costs and expenses arising from or in relation to your breach of any of these Terms and Conditions.
- Application
Our Personal Data Policy applies to all of (www.datawise.hk/) and affiliate websites, but excludes websites that have separate terms of use that do not incorporate these Terms of Use.
- Variation of these Terms of Use
The Owner reserves the right to add to, modify or remove the terms and conditions of these Terms of Use, including any documents or policies incorporated herein, at any time and without prior notice. By accessing this website and any of its pages, you are agreeing to the latest version of these Terms of Use, and accept and agree to be bound by the same.
- Waiver
No exercise or failure to exercise or delay in exercising any right, power or remedy vested in the Owner pursuant to these Terms of Use shall constitute a waiver by the Owner of that or any other right, power or remedy.
- Severability
In the event any of these terms shall be held to be invalid, void, illegal or unenforceable, such terms shall be deemed to be deleted and the remainder of these Terms of Use shall continue in full force and effect.
- Third Party Rights
Unless specifically provided in these Terms of Use, no person other than you and the Owner (except the subsidiaries and affiliates of the Owner) shall have any rights under these Terms of Use nor shall these Terms of Use be
enforceable by any person other than you and the Owner (except the subsidiaries and affiliates of the Owner).
- Governing Law and Dispute Resolution
These Terms of Use shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. All disputes arising in connection with these Terms of Use, if not amicably resolved, shall be submitted to the courts of Hong Kong for adjudication and you and the Owner shall irrevocably submit to the jurisdiction thereof.
- Prevailing Language
If there are any inconsistencies between the translated version(s) of the Terms of Use and this English version of the Terms of Use, the English version shall prevail.