- Your Agreement
1.1 Your Acknowledgement
2.1 FT’s Modifications
- Access and Use of the Services
3.1 Ownership of Content
3.1.1 This Website, the domain name (www.hkkangenwater.org), subdomains, features, contents and application services (including without limitation to any mobile application services) offered periodically by FT in connection therewith are owned and operated by FT.
3.2 Provision and Accessibility of Services
3.2.3 If you link to this Website, FT may revoke your rights to so link at any time, at FT’s sole discretion. FT reserves the right to require prior written consent before linking to this Website.
- Website and Content
4.1 Use of the Content
4.1.2 If FT agrees to grant you access to this Website and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access this Website in accordance with this Terms and Use. FT may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from this Website.
4.1.3 You shall abide by all copyright notices, trademark rules, information, and restrictions contained in this Website and the Content accessed through this Website, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever this Website or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights.
4.2 FT’s Liability for the Website and Content
4.2.1 FT cannot guarantee the identity of any other users with whom you may interact with in the course of using this Website. FT cannot guarantee the authenticity and accuracy of any content, materials or information which other users or the Operators may provide. All Content accessed by you using this Website is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
4.2.2 Under no circumstances will FT be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via this Website.
- Intellectual Property Rights
5.1 Intellectual Property
5.1.1 All intellectual property rights subsisting in respect of this Website belong to FT or have been licensed to FT for use on this Website. This Website, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that:
(a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of this Website and the Content, software, materials, or the Services in whole or in part;
(b) You shall only download or copy the Content (and other items displayed on this Website or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content; and
(c) You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and noncommercial use is expressly prohibited without prior written permission from FT or from the copyright holder identified in such Contents copyright notice.
- User Submissions
6.1 Uploading of Information
6.1.1 In the course of accessing this Website or using the Services, you may provide information which may be used by FT and/or the Operators in connection with the Services and which may be visible to other users of this Website. You understand that by posting information or content on the Website or otherwise providing content, materials or information to FT and/or the Operators in connection with the Services (“User Submissions”):
(a) You hereby grant to FT and the Operators a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit such User Submissions, including all related intellectual property rights subsisted thereon, in connection with providing the Services and operating this Website and FT’s business, including but not limited to the promotion and redistribution of part or all of the Services and derivative works thereof in any media formats and through any media channels;
(d) You acknowledge and agree that FT retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to FT does not affect your ownership of or right to grant additional non-exclusive licenses to the material in the User Submissions, unless otherwise agreed in writing; and
(e) That all the User Submissions publicly posted or privately transmitted through this Website is the sole responsibility of you and that FT will not be liable for any errors or omissions in any content.
- Users Representations, Warranties and Undertakings
7.1 Use of this Website and the Services
7.1.1 You represent, warrant and undertake to FT that you will not provide any User Submissions or otherwise use this Website or the Services in a manner that:
(a) Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; or
(b) Violates any law, statute, ordinance or regulation; or
(c) Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or
(d) Involves commercial activities and/or sales without FT’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
(e) Constitutes libel, impersonates any person or entity, including but not limited to any employee or representative of FT; or
(f) Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.
7.2 Removal of User Submissions
7.2.1 FT reserves the right to remove any User Submissions from this Website at any time, for any reason including but not limited to, receipt of claims or allegations from third parties or authorities relating to such User Submission or if FT is concerned that you may have breached any of the preceding representations, warranties or undertakings, or for no reason at all.
7.3 Responsibility for User Submissions
7.3.1 You remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, this Website.
7.3.2 You acknowledge and agree that you shall be solely responsible for your own User Submissions and the consequences of posting or publishing all of your User Submissions on this Website. You represent, warrant and undertake to FT that:
(b) Neither the User Submissions nor your posting, uploading, publication, submission or transmittal of the User Submission or FT’s use of the User Submissions, or any portion thereof, on or through this Website and/or the Services will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation.
7.3.3 You are responsible for all of your activity in connection with using this Website and/or the Services. You further represent, warrant and undertake to FT that you shall not:
(a) Conduct any fraudulent, abusive, or otherwise illegal activity which may be grounds for termination of your right to access or use this Website and/or the Services; or
(b) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of this Website; or
(c) Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity that is expressly prohibited; or
(d) Run mail list, listserv, or any other form of auto-responder, or “spam” on this Website, or any processes that run or are activated while you are not logged on to this Website, or that otherwise interfere with the proper working of or place an unreasonable load on this Websites infrastructure; or
(e) Use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of this Website; or
(f) Decompile, reverse engineer, or otherwise attempt to obtain the source code of this Website.
7.3.4 You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using this Website and/or the Services.
- Registration and Security
8.1 Opening of the FT Account
8.1.1 In the course of using the Services, you may be required to open and maintain an account with FT (“FT Account”).
8.2 Provision of Personal Information
8.2.1 As a condition to using some aspects of the Services, you may be required to register with FT and select a password and user name (“FT User ID”). If you are accessing the Services through a Third Party Website or service, FT may require that you’re FT User ID be the same as your user name for such Third Party Website or service.
8.2.3 You represent that you shall not:
(a)Select or use as a FT User ID a name of another person with the intent to impersonate that person; or
(b)Use as a FT User ID a name subject to any rights of a person other than you without appropriate authorization.
8.2.4 FT reserves the right to refuse registration of or to cancel a FT Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password.
10.1 FT’s Indemnification
10.2 FT’s Involvement
10.2.1 FT may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of FT without FT’s prior written approval. FT reserves the right, at its expense and upon notice to you to assume exclusive defense and control of any claim or action.
- Disclaimers and Limitation of Liability
11.1 Parties’ Relationship
11.1.1 FT has no special relationship with or fiduciary duty to you for accessing and using this Website and the Content. You acknowledge that FT has no control over and no duty to take any action regarding:
(a)Which users gain access to this Website;
(b)What content you access via this Website;
(c)What effects the Content may have on you;
(d)How you may interpret or use the Content; and
(e) What actions you may take as a result of having been exposed to the Content.
11.2 Services and Comments
11.2.1 You acknowledge and agree that the Operators may offer the Services on this Website, and that suggestions or recommendations may be given by the Operators or Users of this Website. FT makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of the Services offered or purchased through this Website.
11.3 Exemption of Liability
11.3.1 In no event will FT, this Website, or any of FT’s holding companies, subsidiaries, affiliates, officers, directors and/or employees be liable for any loss of profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from:
(a) This Website; or
(d) Use of this Website, tools or Services we provide related to the business we operate on this Website by you or any third party; or
(e) Any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages.
11.3.2 These limitations and exclusions apply without regard to whether the damages arise from:
(a) Breach of contract; or
(b) Breach of warranty; or
(c) Strict liability; or
(d) Tort; or
(e) Negligence; or
(f) Any other cause of action, to the maximum extent that such exclusion and limitations are not prohibited by applicable law.
11.3.3 This Website, including all content, software, functions, materials and information made available on or accessed through this Website, is provided on an “as is” basis. To the fullest extent permissible by applicable law, FT makes no representations or warranties of any kind, either express or implied, including but not limited to the content on this Website or the materials, information and functions made accessible through this Website, for any of the Services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through this Website, or for Operator ability, fitness for a particular purpose, non-infringement, or that the use of the Services will be uninterrupted or error-free.
11.3.7 You acknowledge and agree that you will not hold or seek to hold FT responsible for the content provided by any Operator or third party and you further acknowledge and agree that FT is not a party to any transaction in relation to the Services provided by any Operator or third party. FT has no control over and does not guarantee the safety of any transaction, tours and/or activities or the truth or accuracy of any listing or other content provided by any Operator or third party on this Website.
11.4.2 In any event, to the fullest extent permissible by the applicable law, FT’s liability, and the liability of any member of FT, to you or any third party in any circumstance arising out of or in connection with this Website is limited to the greater of:
(a) The amount of fees you paid to FT in the twelve months prior to the action giving rise to liability; or
(b) Hong Kong Dollars 500.00 in the aggregate for all claims.
- Interaction with Third Parties
12.1 Links to Third Party Websites
12.1.1 This Website may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by FT, or the Services may be accessible by logging in through a Third Party Website. Links to Third Party Websites do not constitute an endorsement or recommendation by FT of such Third Party Websites or the information, products, advertising or other materials available on those Third Party Websites.
12.1.3 FT has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, FT will not and cannot monitor, verify, censor or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold FT harmless from any and all liability arising from your use of any Third Party Website.
12.1.4 Your interactions with organizations and/or individuals found on or through the Services including but not limited to the Operators, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
12.1.5 You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
12.2 FT’s Responsibility
12.2.1 You agree that FT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that FT is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release FT, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
13.1 Termination by FT
13.2 Effects of Termination
- Governing Law & Jurisdiction
14.1 Governing Law
Last updated 16th March 2017.