TERMS
OF USE |
Welcome
to the Website of New World First Bus Services Limited. Please read
the following Terms of Use carefully as they apply to your use of
the Website. |
1. |
Interpretation |
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1.1 |
In the Terms
of Use, the following words and expressions shall have the following
meaning:
"Affiliates"
means the holding company of New World First Bus Services Limited,
all subsidiaries of such holding company and all companies or bodies
corporate in respect of which such holding company or New World
First Bus Services Limited holds an interest equal to or greater
than 20% of the voting or capital rights in that company or body
corporate;
"Content"
means all information, data, text, software, music, sound, photograph,
graphic, image, video, message, logos, button icons, HTML code or
other material displayed on or available through the Website;
"Feedback"
means ideas, concepts, know-how, proposals, suggestions, comments
and other communications and information provided by a User or Member
to New World First Bus Services Limited in connection with the Website;
"Hong Kong"
means the Hong Kong Special Administrative Region of the People's
Republic of China;
"Linked
Site" means other linked site or resource provided by us on
the Website;
"Login Name"
means the sequence of computer readable characters from time to
time chosen by you in order to log on to your Member's Account on
the NWFB Members Zone web pages;
"Member"
means a member of the NWFB Members Zone;
"Member's
Account" means the account in the records of the NWFB Members
Zone identified by the Login Name nominated by an applicant for
membership and created upon completion of the registration procedures
by the applicant;
"Members'
Rule" means the Members' Rule as amended from time to time which
is applicable to the Member when using the NWFB Members Zone;
"NWFB Members
Zone" means the customer loyalty programme operated by New World
First Bus Services Limited subject to the Members' Rule;
"Password"
means a sequence of computer readable characters chosen by you from
time to time as the password to access and use your Member's Account
on the NWFB Members Zone web pages;
"Privacy
Policy Statement" means the Privacy Policy Statement as amended
from time to time and posted on the Website;
"Product"
means any product which may from time to time be available for purchase,
redemption or giving away via the Website;
"Terms of
Use" means these Term of Use as amended from time to time and
posted on the Website;
"User"
means any person who access the Website;
"we, our
us" means New World First Bus Services Limited, a company incorporated
in British Virgin Islands whose principal place of business in Hong
Kong is at 8 Chong Fu Road,
Chai Wan, Hong Kong;
"Website"
means this Website established at URL http://www.nwfb.com.hk; and
"you, your"
means User of the Website.
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1.2 |
If
the context of the Terms of Use so permits or requires, words importing
any gender shall include the other genders, words in the singular
number shall include the plural number and vice versa, and any reference
to a person shall include that person's successors, representatives
and permitted assigns. |
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1.3 |
References
in the Terms of Use to Clauses are references to the clauses of the
Terms of Use. Clause headings are strictly for the purpose of convenience
and general reference only and shall not affect the meaning or interpretation
of any of the provisions of the Terms of Use. 1.4 In the event that
there is any inconsistency between the English and the |
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1.4 |
In the event
that there is any inconsistency between the English and the Chinese
version of the Terms of Use, the English version shall prevail.
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2. |
Member's Account and Password |
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2.1 |
To access and use your Member's Account on the NWFB Members Zone web
pages on the Website, you must open an account and complete the registration
procedures by providing us with current, complete and accurate information
as requested. You should read and agree to the Members' Rule as you
will be bound by the Members' Rule in addition to the Terms of Use.
To the extent of any inconsistency between the Terms of Use and the
Members' Rule, the Members' Rule shall prevail. |
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2.2
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You
shall maintain and promptly update the information provided under
Clause 2.1 to keep it current, complete and accurate. Failure to do
so shall entitle us to suspend or terminate your membership of the
NWFB Members Zone and your use and access of the Member's Account
on the NWFB Members Zone web pages on the Website or any portion thereof.
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2.3 |
The information which you provide to us during the registration procedures
will be dealt with in accordance with our Privacy Policy Statement. |
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2.4 |
When you register, you will be entitled to nominate your own Login
Name and Password. We may at times undertake checks to ensure the
accuracy of the information you have provided to us including contacting
you. We reserve the right not to accept your registration for any
reason at our sole discretion. |
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2.5 |
You may not select a Login Name or Password that violates any person's
rights or one that in our opinion is offensive, improper or inappropriate,
If you do, we shall be entitled to modify or delete it. |
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2.6 |
As your Password is the means by which we identify you and by which
you access your Member's Account on the NWFB Members Zone web pages
on the Website, you should keep it secure. You are responsible for
maintaining the confidentiality of your Login Name and your Password
and are fully responsible for all activities that occur under your
Member's Account. |
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2.7 |
You shall (i) immediately notify us of any unathorised use of your
Member's Account by any third party or any other breach of security
and (ii) ensure that you exit from your Member's Account at the end
of each session. |
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2.8 |
We will not be responsible for any unauthorised access to your Member's
Account due to your failure to keep your Password secure or confidential.
We cannot and will not be liable for any loss or damage arising from
your failure to comply with Clauses 2.6 and 2.7 above. |
3. |
Data Privacy |
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3.1 |
For information about our privacy policies and practices, please refer
to our Privacy Policy Statement. |
4. |
Complete Terms of Use |
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4.1 |
The Terms of
Use and the Privacy Policy Statement are hereby incorporated as
if they were set forth fully herein and they represent the complete
agreement between you and us concerning your use of the Website.
Individual sections like the NWFB Members Zone, the Cyber Shop,
the Auction Fun each contains its own regulations that are specified
to its respective activities and you shall go through each of them
separately before you enter each of such sections.
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5. |
Covenants |
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5.1 |
You shall use the Website for your personal, non-commercial use only
and you are solely responsible for all Content whether publicly posted
or privately transmitted by you on or through the Website. |
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5.2 |
As a condition
of your use of the Website, you shall not use the Website for any
purpose that is unlawful or prohibited by any applicable laws or
by the terms, conditions and notices contained herein. Without limiting
the generality of the foregoing, you shall not:
(i) trespass,
break into, access, use or attempt to trespass, break into, access
or use any other parts of our servers and/or any data areas in connection
with the Website for which you have not been authorised by us to
do so;
(ii) upload,
post, e-mail, publish, transmit or otherwise make available on or
through the Website any unlawful, fraudulent, tortious, libelous,
defamatory, obscene, pornographic, profane, threatening, harassing,
abusive, hateful, offensive or otherwise objectionable or unreasonable
Content of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal
offence, give rise to civil liability or otherwise violate any local,
national or foreign law, infringe any intellectual property rights,
proprietary rights or confidentiality obligations of others;
(iii) upload,
post, e-mail, publish, transmit or otherwise make available on or
through the Website any advertisements, solicitations, junk mails,
chain letters, pyramid schemes, investment opportunities or schemes
or other unsolicited commercial communication;
(iv) post, publish,
transmit, reproduce, distribute or in any way exploit any Content
obtained through the Website for commercial purposes;
(v) download,
post, publish, transmit, reproduce or distribute in any way any
component of the Website or any Content obtained through the Website
which is protected by copyright or other proprietary right of any
third party, or create derivative works with respect thereto, without
our prior written permission;
(vi) upload,
post, e-mail, publish, transmit, or otherwise make available any
Content on or through the Website that contains viruses, Trojan
horses, worms, time bombs, cancelbots or any other harmful or deleterious
computer codes, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware
or telecommunication equipment;
(vii) upload,
post, e-mail, publish, transmit or otherwise make available any
Content on or through the Website that are protected by intellectual
property laws, rights of privacy or publicity or any other applicable
law unless you own or control the rights thereto or have received
all necessary consents;
(viii) allow
others, directly or indirectly, to use your Login Name or Password
to access your Member's Account;
(ix) interfere
with or disrupt the networks connected to the Website or violate
the regulations, policies or procedures of such networks;
(x) attempt
to gain unauthorised access to the Website, other Member's Accounts
apart from your own Member's Account , computer systems or networks
connected to the Website through password mining or any other means;
(xi) interfere
with another User's or Member's use and enjoyment of the Website
and/or the NWFB Members Zone or other individual's or entity's use
and enjoyment of similar services; (xii) disrupt the normal flow
of dialogue or otherwise act in a manner that negatively affects
other User or Member to engage in real time exchanges;
(xiii) harass
other User or Member;
(xiv) collect
or store personal data about other User or Member; or
(xv) impersonate
any person or entity or falsely state or otherwise misrepresent
your affiliation with a person or entity.
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5.3 |
We reserve the rights, from time to time and without notice, to access
your Member's Account or to observe and record your access to and
use of the Website including the NWFB Members Zone to determine whether
you are complying with the Terms of Use. |
6.
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Monitoring
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6.1 |
We do not actively monitor the Content submitted, posted, transmitted
or sent by User to, on or through the Website and we do not guarantee
the accuracy, integrity or quality of such Content. However we will
consider complaints concerning inappropriate Content on the Website
but we do not guarantee that we will take any action in respect of
the same. We reserve the right to remove or withhold, without warning,
any Content from the Website or any link to any other website which
we consider appropriate at our absolute discretion. Under no circumstances
will we be liable in any way for any Content, including without limitation
any errors or omissions in any Content, or for any loss or damage
of any kind incurred as a result of the use of any Content submitted,
posted, e-mailed or otherwise transmitted or made available via the
Website. |
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6.2 |
You acknowledge and agree that we may preserve your Content and may
also disclose your Content if required to do so by law or in the good
faith and belief that such preservation or disclosure is reasonably
necessary to (i) comply with legal process; (ii) enforce the Terms
of Use; (iii) respond to claims that any of your Content violates
the rights of thirde party; or (iv) protect the rights, property or
personal safety of us, our Users and the public. |
7. |
Links to Third Party Websites |
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7.1 |
We have no control over the Linked Site and we are not responsible
for the Content of the Linked Site or any links contained in the Linked
Site or any changes or updates of such sites. We are not responsible
for webcasting or any other form of transmission received from the
Linked Site. We provide these links to you only as a convenience and
the inclusion of any Linked Site on the Website does not imply endorsement
by us of the Linked Site or any association with its operator. We
shall not be responsible or liable for any loss or damage of any kind
incurred as a result of the use of the services or the Content of
any Linked Site. Any concern regarding the Linked Site shall be directed
to its responsible site administrator or webmaster. |
8. |
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY |
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8.1
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8.1 The Website
is provided on an "as is" and "as available" basis and your use
of the Website is at your sole risk. Neither we nor our Affiliates
makes any representations or warranties of any kind, express or
implied, as to the operation of the Website or the accuracy, adequacy
or completeness of the Content or Product included on the Website.
To the full extent permissible by applicable law, we and our Affiliates
disclaim all warranties, express or implied, including but not limited
to any representations or warranties as to :
(i) the services
or information provided on or via the Website will meet your requirements;
(ii) the availability
of the Website or that it will be uninterrupted or error-free or
that any errors and defects will be corrected;
(iii) the accuracy,
adequacy or completeness of any Content on the Website;
(iv) the merchantability,
standard of quality or fitness for any particular purpose of any
Product available on the Website;
(v) the use
or exercise of reasonable care and skill in providing or delivering
any services on or through the Website or the timeliness of services
offered or provided on the Website;
(vi) non-infringement
of any third party intellectual property rights; and
(vii) the Website
being free of computer viruses or other harmful elements.
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8.2 |
Any material downloaded or otherwise obtained from or through the
Website is done at your own discretion and risk and that you will
be solely responsible for any damage to your computer system or loss
of data that results from the download of any such material. |
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8.3 |
Our entire liability and your exclusive remedy with respect to the
Website or otherwise is re-performance of defective services in jurisdictions
which do not allow the exclusion or limitation of certain types of
liability. Our liability is limited to the maximum extent permitted
by law. We do not endorse, warrant or guarantee any material, product
or service offered through us or the Website. We are not and will
not be a party to any transaction between you and any third party.
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8.4 |
Without limiting
any exclusion specifically provided for in the Terms of Use, we
shall in no event be liable for any costs, damages or liability
for :
(i) the failure
or alleged failure of any Product;
(ii) the breach
or alleged breach of any warranty, express or implied, relating
to any Product;
(iii) any loss
or damage to any such Product;
(iv) any act
or failure to act of any shipper or other carrier or any employee
or agent thereof of the Product; or
(v) any unauthorised
use of the Website or breach of security relating to the Website.
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8.5 |
You will exercise and rely solely on your own judgment in using the
Website for purchasing or redeeming the Product. In no event shall
we 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, goodwill, use, data or other intangible
losses, arising out of any use or inability to use the Website or
the use of or reliance on the Content or service available on the
Website, even if we have been advised of the possibility of such damages
including without limitation unauthorised access to your Member's
Account using your Login Name and Password or transmission of Content
or any transactions entered into through the Website. You specifically
agree that neither we nor our Affiliates shall be responsible or liable
for any threatening, defamatory, obscene, offensive or illegal content
or conduct of any other party or any infringement of another's rights,
including intellectual property rights. You specifically agree that
neither we nor our Affiliates shall be responsible for the Content
sent out, using and/or included in the Website by any third party.
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8.6
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The
limitation of liability contained in the Terms of Use will apply to
the fullest extent permitted by applicable laws. |
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8.7 |
We make no representation that materials on the Website are appropriate
or available for use in any jurisdictions, accessing the Website from
locations where its operation are illegal is prohibited. Those who
access the Website from other locations do so at their own discretion
and are solely responsible for compliance with their laws and rules.
You confirm that you have all the requisite approvals for using the
internet and online conduit. |
9. |
Intellectual Property |
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9.1 |
The Website together with all Content made available as part of the
Website are our property or are licensed to us. They are protected
by copyright, trademarks, service marks, patents or other propriety
rights and laws. Our licensors and we own the copyright in the selection,
co-ordination, arrangement and enhancement of such Content as well
as in the content original to it. You may not modify, publish, transmit,
redistribute, participate in the transfer or sale of, create derivative
works of, or in any way exploit any of the Content in whole or in
part. You may only download such part of the Content as is expressly
permitted to be downloaded from the Website for the use specified
and for your personal use only. You have no rights in or to the Content
and you will not use the Content except as permitted under the Terms
of Use. |
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9.2 |
Except as otherwise expressly permitted by us and the copyright owner
by written permission and/or under applicable copyright law, no modification,
copying, redistribution, uploading, retransmission, publication or
commercial exploitation of downloaded material will be permitted.
In the event of any permitted copying, redistribution or publication
of copyrighted material, you agree not to make any change to or deletion
of author attribution, trademark, legend or copyright notice. You
acknowledge that you do not acquire any ownership rights by downloading
copyrighted material. |
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9.3 |
You agree that we are free to use, disclose, adopt and modify all
and any Feedback provided by you to us without any payment to you.
You hereby waive and agree to waive all and any rights and claims
for any consideration, fees, royalties, charges and/or other payments
in relation to our use, disclosure, adoption and/or modification of
any or all of your Feedback. |
10. |
Participation in Promotions of Advertisers |
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10.1 |
Any dealings
you may have with any advertiser on the Website or your participation
in promotions, including the delivery of and the payment for goods
and services, and any other terms, conditions, warranties or representations
associated with such dealings or promotions are solely between you
and the advertiser or other third party. Neither we nor our Affiliates
shall be responsible or liable for any part of any such advertisement
dealings or promotions.
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11. |
Indemnity |
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11.1 |
You agree to indemnify and hold us and our subsidiaries, Affiliates,
officers, directors, agents, employees and co-branders harmless from
and against any losses, claims, liabilities, damages, demands, costs
and expenses (including all legal fees) incurred or suffered by us
in connection with or arising from your breach of the Terms of Use
and/or your use of the Website or the services provided by the Website.
We may, if necessary, participate in the defence of any such claim
or action and any negotiations for settlement arising from such claim
or action. No settlement that may adversely affect our rights or obligations
shall be made without our prior written approval. We reserve the right
to assume exclusive defence and control of any such claim or action.
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12. |
Legal Compliance |
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12.1 |
You shall comply with all applicable laws, statues, ordinances, regulations,
rules and codes (whether or not having the force of law) regarding
your use of the Website ("Applicable Laws"). You recognise the global
nature of the Internet and you understand that the Applicable Laws
may be of a jurisdiction other than your own and you agree that compliance
with the Applicable Laws is your sole responsibility. We recommend
that you seek legal advice on your own account if you are not sure
what the Applicable Laws comprise. |
13. |
Termination |
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13.1 |
We may terminate
your use of and access to any part or all of the Website or any
related services at any time with immediate effect without any prior
notice and at our sole discretion for any reason, including without
limitation :
(i) if you breach
the Terms of Use and/or the Members' Rule;
(ii) if we are
unable to verify or authenticate any information you provide to
us;
(iii) if we
believe that your action may give rise to liability of any nature;
(iv) if we
deem your action unsuitable or inappropriate.
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13.2 |
Upon termination pursuant to Clause 13.1 above, you must destroy all
material obtained from the Website and any copies thereof. |
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13.3 |
We shall not be liable to you or any third party for any termination
of your use of or access to any part of all of the Website or any
related services. |
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13.4 |
If you wish to terminate your use of part or all of the Website, your
only recourse is to discontinue the use of the Website. |
14. |
Modifications to the Terms of Use and Policies, etc |
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14.1 |
We reserve the right to change the Terms of Use or our Privacy Policy
Statement or any policies regarding the use of the Website and the
Members' Rule at any time and to notify you by posting an updated
version thereof on the Website. You are responsible for regularly
reviewing the Terms of Use and the applicable policies and rules.
Continued use of the Website after such posting amounts to your conclusive
acceptance of such revised Terms of Use or policies or rules. If any
such revision is unacceptable to you, you must terminate your use
of the Website immediately. We reserve the right to interpret the
Terms of Use and the applicable policies and rules and decide on any
questions or disputes arising under the Terms of Use and the applicable
policies and rules. You agree that all such interpretations and decisions
shall be final and conclusive and binding on you as a User of the
Website. |
15. |
Modifications to Service |
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15.1
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We
reserve the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Website or any part thereof with or
without notice. You agree that we shall not be liable to you or to
any third party for any modification, suspension or discontinuance
of the Website or any part thereof. |
16. |
System Availability |
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16.1
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We
do not guarantee uninterrupted, continued or secure access to the
Website. Part or the entire Website may be unexpectedly unavailable
for whatever duration and for various reasons that may include system
malfunctions and disruption, Internet access downtime and other technical
problems beyond our control for which we cannot and shall not be held
responsible. You agree that your use of the Website is at your own
risk and that you will not hold us responsible for any damage or loss
caused by your inability to use the Website for any reason whatsoever.
We reserve the right to take any part or all of the Website offline
for various reasons including but not limited to system maintenance
or upgrading. |
17. |
No Agency |
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17.1 |
We and you are independent. No agency, partnership, joint venture,
trustee, beneficiary, employer-employee or franchiser-franchisee relationship
is intended or created between us and you by your use of the Website.
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18. |
Waiver |
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18.1 |
All waiver must be in writing. The failure of us to exercise or enforce
any right or provision of the Terms of Use shall not constitute a
waiver of such right or provision. No waiver of any breach under the
Terms of Use will amount to a waiver of any other breach. |
19. |
Partial Invalidity |
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19.1
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The
illegality, invalidity or unenforceability of any provision of the
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 provisions
of the Terms of Use. |
20. |
Governing Law and Jurisdiction |
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20.1
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The
Website (excluding the Linked Sites) is hosted by us from our office
in Hong Kong. By accessing the Website, you agree that any claim relating
to the Website shall be governed by the laws of Hong Kong without
giving effect to any principles of conflicts of laws, provided that
we reserve the right to pursue civil or criminal proceedings in any
jurisdiction having control over you or your assets. You also agree
to submit to the non-exclusive jurisdiction of the Hong Kong courts.
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