IMPORTANT! THIS IS A BINDING LEGAL AGREEMENT (this “Agreement”). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
I. TERMS OF USE
This web site (the “Site”) makes available information on Tai O Heritage Hotel (“Hotel”), other transient stay facilities, venue-hire and other travel-related or consumer goods and services that are owned, and/or managed by Tai O Heritage Hotel, our partners or by third parties. This Agreement governs your use of the Site and is between Tai O Heritage Hotel (referred to herein as “we”, “us”, or “our”) and you (“you” or “your”). The use of this website is for personal and non-commercial use only.
By using, viewing, transmitting, caching, storing and/or otherwise utilizing the Site, the services or functions offered in or by the Site and/or the contents of the Site in any way, you have agreed to each and all of the terms and conditions set forth below, and waive any right to claim ambiguity or error in this Agreement. If you do not agree to each and all of these terms and conditions please do not use the Site and leave the Site immediately.
The collection and use of all personal information and registration information relating to you is subject to our Privacy Policy. Please click here for further information.
II. RESTRICTIONS ON USE OF MATERIALS
The Site and the materials located on or through the Site are provided by us for informational purposes only. All materials and information contained in the Site are owned by, and the property of, Tai O Heritage Hotel and/or third party licensors. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For purposes of these terms, the use of any such material or information on any other Web, Internet, intranet, extranet or other site or computer environment is prohibited.
III. INTELLECTUAL PROPERTY
All intellectual property rights, materials and information contained in the Site, wherever in the world subsisting, and whether registered or unregistered (including without limitation all copyright, patents, design rights, trademarks, service marks, trade names, logos and trade dress) (together “Intellectual Property”), are proprietary to us. You may print individual content from the Site on paper (but not photocopy it) only for the purpose of making use of the Site. You may not use or frame by means of any techniques or method to enclose any of our Intellectual Property or other proprietary information (including images, text, page layout, or form for any purpose) without our prior express written consent.
IV. USER FEEDBACK AND SUBMISSIONS
We welcome user’s comments regarding the Site and the products and services offered in connection therewith. Please however, do not send us any unsolicited original creative materials of any kind.
By your sending comments or any submissions or, despite the above, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. We shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.
V. CONTENT
“Content” means any content that you provide to us including Submissions, emails, messages, postings in any Forum or other materials. “Forum” means a chat area, message board, or e-mail function offered as part of the Site. All Content that you provide must: (i) be accurate, legal, decent, honest and truthful, comply with all applicable laws, regulations and codes of conduct and not defame, abuse, harass or threaten others; (ii) not make any bigoted, hateful, harassing or racially offensive statements; (iii) not advocate illegal activity or discuss illegal activities with the intent to commit them; (iv) not infringe and/or violate any right (including privacy and/or Intellectual Property rights) of a third party or any law; (v) not be vulgar, obscene, discourteous or contain indecent language or images; (vi) not advertise or sell to, or solicit, others; (vii) not be for commercial purposes of any kind; (viii) generally pertain to the designated topic or theme of any Forum; (ix) not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (x) not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. We reserve the right to block any Content we receive from you if we believe it may be inappropriate or otherwise does not comply with the above.
By providing Content, you automatically grant (or warrant that the owner of such materials has expressly granted) us a worldwide, perpetual, royalty-free, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute it or incorporate it into any form, medium, or technology now known or later developed throughout the universe. In addition, you permanently waive all “moral rights” in it or will procure such waiver from the relevant owner.
You shall remain solely responsible for Content you provide to us and shall indemnify and hold the Indemnified Parties harmless from any Claims they may suffer arising directly or indirectly out of the use of Content submitted by you. We reserve the right to remove or edit Content at any time and for any reason.
VI. LINKED THIRD PARTY WEBSITES
The Site may include links to other websites that are beyond our control (“Third Party Sites”). We provide such links for your convenience and information purposes only. The inclusion of these links is made in good faith but in no way indicates that we are endorsing, sponsoring or recommending such sites or the materials disseminated by or products or services provided by them, and we are not responsible for them in any way. Any concerns relating to a Third Party Site should be directed to its respective site administrator or web master.
We make no representations and give no warranties concerning the content of Third Party Sites (including those listed in any of the Site’s directories).We cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site.
VII. DISCLAIMERS
1. YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT, INFORMATION, SERVICES, PRODUCTS AND MATERIALS IN THE SITE (“PROVIDED ITEMS”) ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE PROVIDED ITEMS IN THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER AND HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH THE VIEWING, USE OR PERFORMANCE OF THE SITE OR THE PROVIDED ITEMS WHETHER DUE TO INACCURACY, ERROR, OMISSION OR ANY OTHER CAUSE AND WHETHER ON OUR PART OR OUR AGENTS OR ANY OTHER PERSON OR ENTITY.
3. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Site will be free from infection, viruses and/or other harmful code. You are responsible for taking sufficient precautions and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
4. To the extent that our Site acts as the venue for suppliers to sell products and services (or, as appropriate, solicit offers to buy) and buyers to purchase such products and services, we are not involved in the actual transaction between buyers and suppliers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or supplier will actually complete a transaction. All merchandise sold will be subject to the relevant vendor’s terms and conditions of sale.
5. We are not responsible for telephone, electric, electronic, network, Internet, computer, hardware or software program malfunctions, failures, delays or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, e-mail, form postings, connections, messages or entries, or the security of any and all such matters.
6. If for any reason any portion of the Site is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Hotel which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Site, we reserve absolute right (but not the obligation) in our sole and absolute discretion, to prohibit user from using the Site, and to cancel, terminate, modify or suspend the Site or any portion thereof and void such information.
7. You also agree that we are not responsible or liable in any way for injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the Site or any sites, services or materials linked or related thereto or therefrom.
8. “Search” and “Directory” services may be offered on the Site as free services. Because the Web changes constantly, no search engine technology can possibly have all accessible sites at any given time. Thus, we explicitly disclaim any responsibility for the content or availability of information contained in any search or directory service offered in connection with the Site.
9. The Site may contain technical inaccuracies or typographical errors or omissions. The Hotel is not responsible for any typographical, photographic, technical or pricing (including without limitation mistaken hotel rates) errors listed on our Site.
VIII. INDEMNIFICATION
You hereby agree to indemnify, defend and hold our Hotel and its operator including their officers, directors, employees, agents, contractors, subcontractors, (collectively, the “Indemnified Parties”) harmless from and against any and all actions, liability, proceedings, losses, allegations, demands, claims, liabilities, damages, expenses, fines, penalties or costs of whatsoever nature (including legal fees on an indemnity basis) and whether by reason of death of or injury to any person or loss of or damage to any hotel or otherwise (“Claims”) arising out of or in any way connected with this Agreement, including without limitation in relation to your acts, omissions or breaches under it, the Provided Items provided to you by us or in connection with the Site or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of the Hotel or its operator, the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law).
IX. LIMITATION OF LIABILITY
Under no circumstances, shall the Hotel be liable for any loss of profits, cost of cover, direct, indirect, incidental, special, reliance, consequential or punitive damages that result from the use of, or the inability to use, the Site or the Provided Items or arising out of your access to, or inability to access, the Site or your reliance upon, the Site or the, provision of, or failure to provide the Provided Items, or any damages whatsoever resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability (including negligence). In addition, we have no duty to update the Site or the contents thereof.
In the event we are held liable for any damages in connection with the Site or the provided items, your sole and exclusive remedy will be limited to reimbursement by us of the price paid by you for services or products which were not provided by us. You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.
Notwithstanding any other provision of this agreement, we do not attempt to exclude or limit our liability for death or personal injury resulting from our negligence in any way.
X. RELEASE
By utilising the Site, all users acknowledge and agree that the Indemnified Parties are released, discharged and held harmless from and are not responsible or liable for any liability with respect to all aspects of the Site (including without limitation, any illness, losses, litigation, personal injury, death, property damage, and claims based on publicity rights, defamation, or invasion of privacy, reasonable attorneys’ fees and court costs) that may occur from use of the Site or the acceptance, possession, use or misuse of information, materials, services or products related thereto or acquired therefrom.
In the case when we are not involved in the actual transaction between buyers and suppliers, if applicable, in the event that you have a dispute with one or more users, you hereby fully and forever release and discharge the Indemnified Parties, from any and all claims, demands, actions, agreements, obligations, costs, fees, expenses, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or suspected which have existed or may have existed, or which do exist or which hereafter can, shall or may exist, based on any facts, events or omissions occurring from any time on or prior to the execution of this Agreement which arise out of, concern, pertain or relate in any way to this Agreement or the Site.
XI. TERMINATION
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Site. We reserve absolute rights to terminate your access to and use of the Site at any time without notice. Notwithstanding the termination of this Agreement, you acknowledge and agree that those rights and obligations which by their nature are intended to survive the termination of this Agreement in order to be fully operative, shall survive the termination of this Agreement including, without limitation, the following provisions hereof: Restrictions on Use of Materials; Intellectual Property, User Feedback and Submissions; Content; Disclaimers; Indemnification; Limitation of Liability; Termination and General Provisions.
XII. GENERAL PROVISIONS
1. This Agreement shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region, without giving effect to any principles of conflicts of law. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your purchase and/or sell products and/or services. You agree that any action at law or in equity arising out of or relating to the terms of this Agreement shall be filed only in Hong Kong SAR and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We further reserve the right to seek any form of relief, including without limitation attorneys’ fees, related to any fraudulent or illegal activity connected with the use of the Site.
2. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
3. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as otherwise set forth herein.
4. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall any waiver constitute a continuing waiver of any such term, provision or condition hereof.
5. No waiver shall be binding unless executed in writing by the party making the waiver.
6. We may assign or subcontract any or all of our rights and obligations under this Agreement.
7. We reserve absolute rights at any time and without notice to (i) change, modify, add, or remove any terms or conditions of this Agreement, (ii) to make changes, corrections and/or improvements to the Site; and/or (iii) restrict or refuse access to the Site and Provided Items to anybody. Unless otherwise indicated, any such changes will become effective immediately; therefore, please check these terms periodically for changes. Your continued use of the Site following the posting of changes to this Agreement will mean you accept those changes.
This Agreement is written in the English language and may be translated into other languages. The English version shall prevail over the translated version in case of any consistency.