Choice of Law.
These Terms and your rights and obligations under these Terms shall be governed by and construed in accordance with the laws of Hong Kong. By using this Website, you agree to submit to the exclusive jurisdiction of the Courts of Hong Kong in settlement of any dispute, that may arise between you and Controlex in connection with the Terms.
You agree to use the Website and the Services in strict compliance with applicable legislation and only for lawful purposes. You may not take any action that can infringe the security of the Website, or make the Website inaccessible to other users or otherwise damage the Website or the technical infrastructure of the Controlex.
You shall not use the Website and the Services in a manner that:
- Violates any law, regulation, statute or policy;
- Is criminal, offensive, cheating, or illegal;
- Is out-dated and/or non-relevant;
- Is or may be considered as obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
- In any manner that involves your impersonation of another person (either natural person or legal entity);
- In any manner that may interfere with the rights of third parties;
- Misrepresents relationships with another person (including, but not limited to, misrepresentation of the agency of any body, company, or person);
- May infringe intellectual property rights of Controlex and/or those of any third party. “Intellectual property rights” include, but not limited to the copyright, trademark rights and broadcasting rights;
- Infringe privacy rights of third parties, including, without limitation, those rights of visitors of the Website or other clients of Controlex;
- May contrary to the interests of Controlex;
- Involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, rootkits, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Intellectual Property Rights.
DISCLAIMER. NO WARRANTIES.
YOU UNDERSTAND THAT CONTROLEX CANNOT AND DOES NOT GUARANTEE OR WARRANTS THAT FILES AVAILABLE FOR DOWNLOADING FROM THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE CONTROLEX NOR ANY PERSON ASSOCIATED WITH THE CONTROLEX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE CONTROLEX NOR ANYONE ASSOCIATED WITH THE CONTROLEX REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE CONTROLEX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
IN NO EVENT WILL THE CONTROLEX, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The Website track non-personal data of the visitors of the Website (“non-personal data”). Controlex uses non-personal data in order to administer the Website and protect it from the attacks. Additionally, we use non-personal data in order to find out how people of specific audiences use the Website.
When you: i) contact the Controlex via the contact form; and/or ii) send us an e-mail; and/or iii) buy and use our Services; you hereby may provide us with your personal data. We use these data in order to respond to your request or provide the Services to you.
You agree to defend, indemnify and hold Controlex and its directors, officers, employees, agents, affiliates and successors harmless from and against any and all claims, demands, liabilities, judgments, losses, damages, costs, fees and expenses (including but not limited to reasonable attorneys’ fees) arising from or relating to your use of the Website or your acts or omissions, including but not limited to (i) infringement or misappropriation of any intellectual property rights; or (ii) any damage or destruction to our Website, to us, or to other persons or parties.
These Terms do not establish any relationship of partnership, joint venture, employment, franchise or agency between you and Controlex.
We may assign our rights and delegate our duties under these Terms either in whole or in part at any time, at our sole discretion, and without your consent. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under these Terms to anyone else.
If any one or more section, provision or application of these Terms shall for any person or circumstance be held to be illegal, invalid, unenforceable, and/or unconstitutional, such decision shall not affect the validity of any other section, provision of these Terms.
This Website may contain links (including hyperlinks) to external Websites operated by third parties (“Third-party Website”). Any such Third-party Website is not under the control of Controlex and we shall not bear any responsibility for the contents of any such site. We cannot guarantee, represent or warrant that the content contained in any Third-party Website is accurate, legal or inoffensive. Any link to an external website is provided merely as a convenience to you. You take sole responsibility for the use of any external website.