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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
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.

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.
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
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.

2. Member's Account and Password
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.
2.2 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.
2.3 The information which you provide to us during the registration procedures will be dealt with in accordance with our Privacy Policy Statement.
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.
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.
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.
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.
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
3.1 For information about our privacy policies and practices, please refer to our Privacy Policy Statement.
4. Complete Terms of Use
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.

5. Covenants
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.
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.

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. Monitoring
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.
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
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
8.1

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.

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.
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.
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.

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.
8.6 The limitation of liability contained in the Terms of Use will apply to the fullest extent permitted by applicable laws.
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
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.
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.
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
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.

11. Indemnity
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.
12. Legal Compliance
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
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.

13.2 Upon termination pursuant to Clause 13.1 above, you must destroy all material obtained from the Website and any copies thereof.
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.
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
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
15.1 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
16.1 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
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.
18. Waiver
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
19.1 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
20.1 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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