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. |