These terms and conditions will apply when you access our website. Before proceeding, we ask that you read and accept these terms and conditions. Please note that by using our Website you will be deemed to have agreed and accepted the terms and conditions contained herein.
This Website is operated by Speed Top (Hong Kong) Limited, and any goods and services provided hereunder shall be supplied by Speed Top (Hong Kong) Limited References in these Terms and Conditions to “we” or “us” shall be deemed to be references to Speed Top (Hong Kong) Limited.
1. Use of this Website
1.1 You agree not to upload, post, publish, transmit or transfer to this Website (nor include in any message) any software files or other material which, (a) is or is in our opinion misleading, inaccurate, defamatory, illegal, obscene, threatening, deceptive, abusive, profane or offensive (or is likely to be perceived as such by any recipient), (b) is in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system, or adversely affects the performance or availability of this Website; or (c) is a breach of any person’s rights (including without limit, copyright and confidentiality), or (d) contains a virus, cancelbot, Trojan horse, worm or is otherwise harmful; or (e) is in breach of any applicable law or regulation; or (f) contains any unauthorised advertising, promotion or solicitation; or (g) materially misrepresents facts which may be damaging or injurious to us, our clients or our or their agents.
1.2 You agree to indemnify us in full from and against any and all claims, liabilities, losses, damages, expenses and other costs whatsoever suffered or incurred as a result of any breach of your obligations under Clause 1.1, including, but not limited to, any claims made against us by any third party.
2. Intellectual Property Rights
2.1 You acknowledge and agree that the ownership of any and all intellectual property rights (including, but not limited to, copyright and trade marks) in this Website belongs to us or our third party licensors. Accordingly, any part of this Website (or its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this Website, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content in connection with the relevant transaction.
2.2 Copyright and all other intellectual property rights subsisting in any database accessible via this Website and each and every piece of information provided through this Website is owned by us or the third party providers of such information. You may use information retrieved from this Website only for the purposes of the transaction in respect of which it was posted to this Website.
You may not link this Website to any other Website without our prior written consent. Where we provide links to a third party website, we do not take any responsibility for or make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext links in, from or with this Website, and we do not endorse or approve the content of such third party websites.
4.1 We cannot guarantee that any messages sent over the Internet will be completely secure. We will not accept any responsibility for any damages incurred by you if you send a message to us, or if we send a message to you at your request, over the Internet. We shall not be responsible in any manner for direct, indirect, special or consequential losses or damages howsoever arising out of the use of this Website. Communications over the Internet may be subject to interruption, delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet or otherwise.
4.2 We are unable to guarantee that third parties will not be able to independently gain access to confidential information or data (including without limitation payment details and details of your personal identity) passing to or via this Website. Accordingly, we do not accept any responsibility or liability whatsoever for any loss or damage suffered or incurred by you as a result of any use or mis-use of any such confidential information or data by any such third party and you agree and acknowledge that your use of this Website shall be solely at your own risk.
5.1 To enable us to monitor and improve the Website, we may gather certain information about you when you use it, including details of your operating system, browser version, domain name, IP address and details of your website.
5.2 Cookies are small bits of information automatically placed in your computer drive. If you enable these cookies, then your browser adds the text in a small file. The purpose of cookies is to help us prepare aggregate information about the number of visitors to the Website and general statistics on usage patterns of the Website. You may wish to set your web browser to notify you of a cookie placement request or disable cookies.
5.3 The information which you provide to us will at all times be governed by the terms of the Personal Data (Privacy) Ordinance (“the Ordinance”). Please note the following:
5.3.1 The personal data supplied by you will be used for the purposes of
(i) maintaining our records relating to you and your Goods, in order that we may provide maintenance, guarantee and other services to you;
(ii) sending you information relevant to your Goods and advertising and promotional materials; and/or
(iii) any purposes relating to any of the foregoing.
5.3.2 Data held by us relating to you will be kept confidential, but we may from time to time provide such information to (i) any governmental or statutory authorities; (ii) our parent company or any other company forming part of the Speed Top group, and/or (iii) any other person under a duty of confidentiality to us.
5.3.3 Under and in accordance with the terms of the Ordinance, you have the right to (i) check whether we hold data about you and your right of access to such data; (ii) require us to correct any data relating to you which is inaccurate; (iii) ascertain our policies and practices in relation to data and to be informed of the kind of personal data held by us. In accordance with the terms of the Ordinance, we have a right to charge a reasonable fee for the processing of any data access request. If you have any requests for access to data or for the correction of data, or if you would like any further information regarding our policies and practices or the kinds of data held by us, kindly address your enquiries to:
The Personal Data Officer
Speed Top (Hong Kong) Limited
Address: Unit 1225 – 1228, 12/F., Trade Square, 681 Cheung Sha Wan Road, Kowloon, Hong Kong.
Fax: (852) 2431 4165
5.3.4 Nothing in this Clause shall limit the rights of any person under the Ordinance.
6. The Website
6.1 We reserve the right to change the content, presentation, performance, user facilities and availability of any part of this Website at our sole discretion and without notice. It is your responsibility to refer to and update yourself in relation to any changes made. They will come into effect immediately upon posting by us. We do not warrant any continuity of connection, transmission over, security of, or results from, the use of any network connection or facilities provided (or omitted to be provided) in connection with the use of this Website.
6.2 We may withdraw your right to use this Website at any time, for any reason and without notice.
6.3 We make no warranty as to the continuous availability of this Website.
7. Liability and Indemnity
7.1 You shall irrevocably indemnify us and our affiliates from and against any and all losses, damages and costs suffered or incurred by us, or our affiliates of whatsoever nature arising out of or in connection with your use, provision or distribution of information on the Website or otherwise, howsoever arising, in relation to any breach of these Terms and Conditions by you.
7.2 We accept liability without limit for, death or personal injury caused by our negligence, any fraudulent pre-contractual misrepresentations made by us on which you can be shown to have relied, and for any other form of liability which cannot legally be limited or excluded.
7.3 The Website, including without limitation, its contents, functionality, performance and features is provided on an “as available basis” at your sole risk and without representations or warranties of any kind and all warranties, conditions or terms (express or implied, statutory or otherwise including without limitation any warranty as to satisfactory quality or any warranty or commitment that access or use will be uninterrupted or error free) are expressly excluded. Accordingly, subject only to Clause 8.2, we shall not be liable for any losses (including direct, indirect, incidental, special or consequential damages) arising out of use of or inability to access the Website. It shall be your responsibility to make all necessary copies and backups of any information obtained or available from the Website. Accordingly, subject to Clause 8.2, you agree not to bring a claim of any nature against us in relation to your use of or access to the Website except where such a claim cannot be excluded by law. You acknowledge and agree that we will have the right (subject to the discretion of the Court) to a stay of proceedings if you bring any claim against us in breach of the foregoing.
8.1 You may not transfer your rights or obligations under these Terms and Conditions without our prior written consent.
8.2 We will not be liable to you for failure to fulfil obligations caused by events outside our control, including without limitation, any difficulties experienced by you in accessing this Website.
8.3 Your use of this Website is governed by the laws of the Hong Kong SAR and you agree to submit to the non-exclusive jurisdiction of the Courts of the Hong Kong SAR in relation to any dispute arising out of your use of or access to it.
8.4 These Terms and Conditions constitute the entire agreement between us relating to your use of this Website and shall supersede and replace all other contracts (except, where applicable), discussions, letters or communications (whether written or oral) relating to the subject matter hereof save that neither party excludes liability for any fraudulent misrepresentations made by it to the other party upon which the other party can be shown to have relied.