HKTDC MAKES SOURCING AVAILABLE TO YOU AND BY USING SOURCING, YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND THE TERMS OF USE ABSOULTELY.
HKTDC may, at its sole and absolute discretion, prevent or restrict any user from accessing Sourcing without need to give any reason.
By using Sourcing, you undertake and warrant that this User Agreement constitutes your legal, binding and enforceable obligations, and all actions needed to authorise your entry into and performance of this User Agreement have been taken.
You agree to provide such information as may be reasonably requested by HKTDC in connection with your use of Sourcing.
You hereby warrant and represent that all information supplied by you onto HKTDC or HKTDC Affiliates through Sourcing is complete, true, up-to-date and accurate. HKTDC and HKTDC Affiliates are entitled to rely on such information.
Although Secure Socket Layer has been installed on Sourcing, all your information is sent at your sole risk to HKTDC and open for all users' or public access without limitation and for avoidance of doubt, unauthorised third parties may be able to access such information during its transmission.
You agree to the use and disclosure of your information in the manner set out in HKTDC's Privacy Policy Statement (as updated from time to time).
You may only use Sourcing for your own personal purpose. Except as aforesaid you may not copy, reproduce, publish, distribute, sell, divert, or, in any way directly or indirectly in competition with HKTDC, commercially exploit the Information available on Sourcing. You must not delete or change any copyright or other proprietary notice on any Information available from or obtained through Sourcing.
Only a user authorised by HKTDC and/or such user's authorised employees may use Sourcing. You may not transfer all or any of your rights or obligations under this User Agreement to any other person and this User Agreement is personal to the authorised user.
The copyright and/or relevant intellectual property rights in the Information is owned by HKTDC, HKTDC Affiliates or Third Party Providers (as the case may be). For the avoidance of doubt, all content included in this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and/or software, is the property and copyright of HKTDC, HKTDC Affiliates or relevant Third Party Providers (as the case may be). The compilation of all content on this site is the exclusive property and copyright of HKTDC and/or HKTDC Affiliates and is protected by relevant local and international copyright laws and all software used on this site is the property of HKTDC and/or HKTDC Affiliates and/or the software suppliers and are also protected by relevant local and international copyright laws.
All graphics, logos, page headers, button icons, script and service names are trademarks or trade dress of HKTDC and/or HKTDC Affiliates and HKTDC's trademarks and/or trade dress shall not be used in connection with any product or service that is not HKTDC's or HKTDC Affiliates', in any manner that is likely to cause confusion among public or in any manner that disparages or discredits HKTDC or HKTDC Affiliates. All other trademarks not owned by HKTDC or HKTDC Affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HKTDC or any HKTDC Affiliates.
HKTDC reserves the right to suspend the provision of Sourcing if and for so long as any circumstances (within or beyond our control) occur which prevent us from being able to provide Sourcing.
The Information, features or functions which are available to one class of users of Sourcing may not be available to another class of users. We may group users into different classes using any criteria we deem fit.
The amount of Information which may be available to a user during any period:
may from time to time be limited or changed by us at our sole and absolute discretion without notice to that user; and
may be different from that available to another user.
Use of Sourcing is free of charge. However, HKTDC reserves the right to levy fees or charges on any of the services comprised in Sourcing or provided by HKTDC.
If HKTDC decides to levy a charge for any services in relation to Sourcing, we will publish the amount or rate therefor, identifying the services concerned, by a general message on Sourcing. By requesting, commencing or continuing the use of the relevant service at any time after such publication, you agree to pay HKTDC such charges.
You are responsible for providing and maintaining necessary telecommunication lines, software and equipment to access Sourcing and to retrieve Information and for all associated costs.
DISCLAIMER & LIMITATION OF LIABILITY
Use of Sourcing is at your sole and absolute risk.
HKTDC and the HKTDC Affiliates do not warrant, guarantee or assume any liability and/or responsibility that:
The information, statements, photographs and illustrations appearing in the advertisements and other sections in this website relating to advertisers and exhibitors and their products and services are provided by the advertisers and exhibitors. The placing of such materials by the Hong Kong Trade Development Council in this website is made in good faith. The Hong Kong Trade Development Council is not associated in any way with and is not the agent of the advertisers and exhibitors. The Hong Kong Trade Development Council makes no representation or warranty regarding the advertisers and exhibitors, their products or the potential infringement of any intellectual property rights or other rights of any third parties and accepts no responsibility, liability or obligation, in relation to any of the information, statements, photographs and illustrations appearing in the advertisements and other sections in this website. Inclusion of any particular advertisement or other information does not mean that goods or services advertised or listed therein have the approval of or are endorsed by the Hong Kong Trade Development Council or comply with applicable laws and regulations. It is recommended that normal precautions be taken before any business is transacted with any advertiser or exhibitor. Correspondence concerning any alleged infringement of any design, copyright, patent, trademark or other intellectual property rights, or any non-compliance with any law or regulation, should be addressed directly to the advertiser or exhibitor concerned and, not the Hong Kong Trade Development Council.
the Information is accurate, adequate, true, current or reliable, or may be used for any purpose other than for general reference, or that any results, losses or damages whatsoever may be obtained from using the Information;
the Information is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data, hardware, equipment or any infringement of intellectual property rights whatsoever;
access to Sourcing will be available or be uninterrupted; or
defects in Sourcing will be corrected.
For the avoidance of doubts you hereby acknowledges that the Sourcing is an internet related service and is for many reasons, an inherently unreliable medium of communication and that such unreliability is beyond the control of HKTDC or HKTDC Affiliates and any access or transactions over the Sourcing may be subject to interruption, transmission blackout, internet viruses, unauthorised access, delayed transmission due to internet congestion or incorrect data transmission due to the public nature of the Sourcing or internet. You hereby expressly confirm your understanding that as a result of such unreliability, there may be errors and/or delays in the transmission and receipt of your information or the Information and/or unauthorized access to your personal information, however, with this understanding, you also consent to HKTDC's and HKTDC Affiliates' use of the internet to transmit all the information which you have provided to HKTDC or HKTDC Affiliates.
The Information may not be regarded as any recommendation or endorsement by HKTDC for any purpose with respect to any person, product or service.
Without limiting the foregoing, Sourcing is provided to you on an "AS IS" AND "AS AVAILABLE" basis. SOURCING 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 WHATSOEVER.
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, inability to use or unable to gain access, the Information or out of any computer, telecommunication, electrical or network failure.
You will exercise and rely solely on your own skill and judgement in your use and interpretation of the Information available on Sourcing. You are responsible to ensure that your use of such Information complies with all applicable legal requirements.
The limitation of liability contained in this User Agreement will apply to the fullest extent permitted by applicable and relevant laws.
Without prejudice to the generality of the foregoing, all enquiries from users of Sourcing will be transmitted to the relevant Advertiser by (in the case that the Advertiser has an electronic mail address) electronic mail or (in the case that the Advertiser does not have an electronic mail address) facsimile as soon as practicable. HKTDC shall in no circumstances be liable to the Advertisers or the users of Sourcing or any other person for any error, delay, omission or inaccuracy in such transmission howsoever occurs. Each Advertiser and user unconditionally and irrevocably undertakes that it will not make any claim against HKTDC, its servants and/or agents for any losses or expenses that it may suffer or incur as a result of or otherwise in connection with such error, delay, omission or inaccuracy.
HKTDC may at any time change or remove the contents or any function, link, aspect of feature, or change the presentation, of Sourcing including hours of availability and equipment (hardware and software) needed for access or use.
HKTDC may at any time:
- change, add to, delete or modify any provisions in this User Agreement; and/or
- impose new or increase any charges for the use of Sourcing.
Any change, removal or addition under this clause above will be effective immediately upon notice thereof being posted on Sourcing or otherwise given to you. Any use of Sourcing by you after such notice will constitute your acceptance of such change, removal, modification, alteration or addition.
You agree to defend, indemnify and hold us and the HKTDC Affiliates harmless from and against all liabilities, losses, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any terms or conditions of this User Agreement and/or Terms of Use and/or your use of Sourcing. We may, if necessary, participate in the defence of any claim or action and any negotiation for settlement if any, as the case may be, subject to the sole and absolute discretion of HKTDC. No settlement which may adversely affect our rights or obligations shall be made without our prior written consent and/or approval. We reserve all rights, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.
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 Sourcing and the Website by whatever means or for what ever reasons. HKTDC and HKTDC Affiliates are not responsible for examining or evaluating and HKTDC do not warrant any content of other sites and HKTDC do not assume any responsibility or liability for the actions, products, and contents of all these and any other third party.
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 and/or Terms of Use in our or (as the case may be) their own name against you.
HKTDC may at any time terminate your access to Sourcing with immediate effect, without any notice nor need to give any reason. Termination of your right to access or use Sourcing will not affect any accrued and antecedent rights of HKTDC or you under this User Agreement and/or Terms of Use prior to such termination.
HKTDC may give notice to you by means of a general notice on Sourcing. Any notice sent by a general notice on Sourcing is deemed to be received by the users or specified recipients on the day sent.
You may give notice to HKTDC by electronic mail to
enquiry@tdcenterprise.com or ordinary mail to Hong Kong Trade Development Council, 38/F, Office Tower, Convention Plaza, 1 Harbour Road, Wanchai, Hong Kong, attention: Sourcing or such other address as we may specify from time to time.
This User Agreement and the Terms of Use constitute the entire agreement between HKTDC and you with respect to the subject matter hereof, and supersede all other written or oral agreements warranties and/or 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.
The illegality, invalidity or unenforceability of any provision of this User Agreement and/or Terms of Use 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 of this User Agreement and/or Terms of Use.
No waiver by either party of any breach under this User Agreement and/or Terms of Use will amount to a waiver of any other breach. The headings in this User Agreement and/or Terms of Use are for convenience only and do not affect interpretation.
We reserve the right to make changes to our site, policies, and any terms and conditions in this User Agreement and/or Terms of Use at any time without notice.
GOVERNING LAW AND JURISDICTION
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.
