1 Terms and Conditions
- Please read these Terms and Conditions carefully as they apply to your use of this website, owned by E-Materials (Asia) Limited.
- Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your installing, updating, copying or otherwise use the website. If you do not agree to be bound by these terms and conditions, you should not download the website, and if downloaded, remove the website from your mobile device immediately.
- We technically operate the website. However, we exercise no editorial control over much of the Content on the website and in many cases, other persons provide the Content on the website or operate parts of the website or other Internet website you may view or access through the website ("Third Party Providers").
- 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.
2 Provision of Information
- You may be required to provide us your information in order to access certain parts of the website, where you are required to fill in:
- you must provide us with accurate, complete and updated information; and
- you authorize us to assume that any person using the website with your name is either you or is duly authorized to act for you.
- You acknowledge that your use of some parts may be governed by additional terms and conditions. Where this is the case, you will be notified accordingly, and those additional terms and conditions:
- you must provide us with accurate, complete and updated information; andwill apply to your use of such website content in addition to these Terms and Conditions; and
- will prevail over these Terms and Conditions to the extent of any inconsistency.
You acknowledge that we may, in our sole discretion and with or without notice:
- vary the website or any part of the website; and
- modify or discontinue this website, any part of the website and the services available on it.
- You acknowledge that Content on the website 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:
- sell, 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;
- use any Content on any other web website or in a networked computer environment for any purpose;
- reverse engineer any Content consisting of downloadable software; or
- otherwise infringe the Intellectual Property Rights of any person in using the website or any Content.
- Nothing you do on or in relation to the website will transfer any Intellectual Property Rights to you or license you to exercise any Intellectual Property Rights unless this is expressly stated.
5 Your Use of the website
You must not Post any Content that:
- you do not have the right to post;
- is defamatory or in contempt of any legal or other proceedings;
- is misleading or deceptive;
- incites hatred or discrimination against any group of persons being a group defined by reference to color, race, sex, origin, nationality or ethnic or national origins;
- denounces religious or political beliefs;
- includes religious or political material which is or is likely to be offensive;
- is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety;
- is of a menacing character;
- is likely to cause annoyance, inconvenience or anxiety;
- is likely to encourage crime, public disorder, violence or hatred;
- is likely to damage public health, safety or morals;
- infringes any copyright, trade mark, patent or other intellectual property right of another person;
- contains any unsolicited or unauthorized advertising or promotional material;
- contains viruses or similar software or data which is designed to interrupt, destroy or limit the
functionality of any computer software or hardware; or
- impersonates any person or misrepresents your relationship with any person.
You must not:
- disrupt or interfere with the website or servers or other software, hardware or equipment connected to or via the website;
- violate any Applicable Law relating to your use of the website; or
- collect or store personal data about other users of the website.
6 Other User Content
- The website may contain Content uploaded, posted, emailed or otherwise electronically transmitted ("Posted", and to "Post" shall be construed accordingly) by users of the website, including you ("User Content").
- We do not monitor or exercise editorial control over User Content. However, we reserve the right:
- to access or examine any User Content; and
- 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.
- In relation to any Content Posted by you, you grant us a perpetual, irrevocable, royalty-free license 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.
- You 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.
7 Third Party Providers
You acknowledge that:
- parts of the website; and
- parts of the Content, are provided or maintained by Third Party Providers and not by us.
- Your 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 dealings.
8 Links and Advertisements
- We have not reviewed all of the website linked to the website and are not responsible for the content or accuracy of any off-website pages or any other website linked to the website (including without limitation website linked through advertisements or through any search engines).
- Some links which appear on the website 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 website, and you use the links at your own risk.
- Your correspondence or dealings with, or participation in promotions of, advertisers on the website are solely between you and such advertisers.
- 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 website.
9 Personal Data and Cookies
- In using the website you may give us "personal data" as defined in the Personal Data (Privacy) Ordinance.
- During your use of the website, 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 website and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the website.
- We may use web analytic service and tools provided by Third Party Providers (e.g. Google Analytics provided by Google, Inc.) on the website to help us monitor and analyze visitor traffic, behavior and statistics on the website. To do so, Google Analytics mainly uses first-party cookies, which store nonpersonally identifiable information, to report to us on user interactions on the website. 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 website "How Google uses data when you use our partners' website or website" located at www.google.com/policies/privacy/partners/.
- You use the website 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 website, such information is provided for information purposes only. You should seek your own independent advice with respect to any Content.
- We endeavor to provide a convenient and functional website, but we do not guarantee that the Content will be error free or that the website or the server that operates it are free of viruses or other harmful components.
- Although we will use reasonable endeavors 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 website.
- If your use of the website results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
- Without limiting the above provisions, everything on the website 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 no 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.
11 Limitation of Liability
- 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 website 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 damage.
- 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.
We will give you any necessary notices by posting them on the website. You agree:
- to check the website for notices; and
- that you will be considered to have received a notice when it is made available to you by posting on the website.
13 General Provisions
- 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.
- These 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.
- 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 website or the Content or your breach of these Terms and Conditions.
- The English version of these Terms and Conditions shall prevail over any Chinese version (if any) which is provided for information purposes only.
"Applicable Law" in relation to any person, action or thing means the following in relation to that person, action or thing:
- any law, rule or regulation of any country (or political sub-division of a country);
- any obligation under any license in any country (or political sub-division of a country); and
- any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
- "Content" includes things that you may see, read, hear, download or access on or via the website (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).
- "Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China.