Introduction
Wallem Group Limited ("Wallem") provides a variety of remotely hosted Internet applications
for use on web sites across the Internet. These Internet applications are referred
to in the rest of these terms and conditions as "Services". A person who maintains
an account with Wallem is referred to as a "Member". Wallem reserves the right to
amend or modify these terms and conditions at any time with or without express prior
notice (although Wallem will, in so far as possible, post any changes of the terms
and conditions on this Website). By using the Wallem web site and/or the Services,
you irrevocably and unconditionally accept and agree to be bound by these terms
and conditions.
Use of Services
No Service may be used to post, publish or transmit any unlawful, harmful, threatening,
abusive, harassing, defamatory or otherwise objectionable material of any kind,
including but not limited to any material which encourages conduct that would harm
Wallem's business interests, constitute a criminal offence, violate any rights (including
intellectual property rights) of any third party, or otherwise violate any applicable
local, state, national or international law. Wallem reserves the right, without
any liability to the Member, to suspend or shut down any account that in Wallem's
sole opinion violates or is imminently likely to violate any of the above restrictions
on use.
In respect of most Services, Members may specify who may have access to the Service.
Some access to Services by Wallem staff may be necessary to maintain systems and
programs and to ensure compliance with usage guidelines. While Wallem staff will
not access the Services except for these purposes, Wallem cannot guarantee absolute
privacy of the Services.
Members are responsible for maintaining the confidentiality of their passwords /
login IDs at all times. If a Member becomes aware of any unauthorised access to
the Services by any person who uses a password / login ID without the Member's authorisation,
or if the Member believes that a password / login ID has been lost or stolen, the
Member will immediately notify Wallem at isd@wallem.com.
Intellectual Property Rights
Wallem is the owner or licensee of all rights to the Wallem name and of all logos,
trade marks, service marks, copyright, design rights, database rights and/or other
intellectual property or proprietary rights in relation to or in connection with
messages, files, data and software comprised in the Wallem web site and in the Services.
Members, users of the Services and visitors to the Wallem web site are prohibited
from selling, reproducing, modifying, publishing, distributing, transmitting, disassembling,
decompiling, reverse engineering, storing in a retrieval system or preparing derivative
works based on any part or all of such items in any form without Wallem's prior
written consent. Members acknowledge and agree that their web site information (including
without limitation name, URL, traffic counts, etc.) may be utilized by Wallem.
Information provided by Wallem to Members may be proprietary in nature. In consideration
for Wallem providing such information to Members, Members undertake to keep such
information confidential and not to disclose any of it to any third party.
Disclaimer
Wallem hereby expressly excludes all representations, warranties or responsibilities
of any kind in relation to:
- any Services offered, accessed or obtained through the Wallem web site;
- the accuracy of content and the quantity, quality, safety, legality or fitness for
purpose of the Services offered, accessed or obtained through the Wallem web site;
- any operation or quality of the Wallem web site and / or the Services and that the
Wallem web site and / or the Services will be secure, uninterrupted and virus or
error free;
- any obligation to maintain the confidentiality of information provided by Members,
users of the Services or visitors to the Wallem web site (although Wallem's current
practice is to maintain such confidentiality where it is reasonable or required
by law to do so);
- any results to be obtained from use of the Wallem web site and / or the Services
(including any obligation to maintain any data or information provided by Members
to the Wallem web site); or
- any loss caused by hackers.
Further, to the fullest extent permitted by law, Wallem hereby expressly disclaims
all representations, warranties or responsibilities of any kind (whether expressed
or implied) in relation to or in connection with any standard of quality, merchantability
or fitness for a particular purpose of the Wallem web site (including content) and
/ or the Services and any services offered, accessed or obtained through the Wallem
web site and / or the Services.
Neither Wallem nor its affiliates control the information available through the
Services. Any opinions, advice, statements, offers or other information or content
presented or disseminated on any Service are those of the respective authors who
are solely liable for their material and Wallem does not investigate, verify, monitor
or endorse such material or any other material accessible from the Wallem website.
Without prejudice to the immediately preceding sentence, Wallem and its affiliates
reserve the right (but without any obligation), in their sole discretion, to edit
or remove any material from any Service.
Limitation of Liability
Wallem accepts no responsibility whatsoever and shall under no circumstances be
liable for any direct, indirect, incidental, special or consequential loss or damage
howsoever suffered or incurred, whether arising from negligence, breach of contract,
defamation or infringement of intellectual property rights, (including, without
limitation, any financial loss, loss of business, profit, savings or revenue, loss
of data or goodwill or loss of any equipment or software or any such loss or damage
caused by viruses) arising out of or in connection with the use of, or inability
to use, the Wallem web site and / or the Services and whether or not Wallem has
been notified of the possibility of such loss or damage arising. Wallem accepts
no responsibility for the accuracy or completeness of the Wallem web site, content
and / or the Services.
Governing Law
These terms and conditions shall be governed by the laws of the Hong Kong Special
Administrative Region ("Hong Kong"). Wallem and you hereby irrevocably submit to
the non-exclusive jurisdiction of the Courts of Hong Kong.
