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WEBSITE TERMS OF USE

 

Last updated: 22 / 12 / 2016

Welcome to CHOZAN! These terms of use (the “Terms of Use”) govern your access to and use of www.chozan.co and any of its subdomains, mobile sites or mobile applications (collectively, “our Site”) offered by CHOZAN; provided, however, that the CHOZAN Member Platform and all the products and services made available to CHOZAN Member Platform users are not governed by these terms, but by the terms published at Term of Use.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START USING OUR SITE. WE ALSO RECOMMEND THAT YOU PRINT A COPY FOR YOUR REFERENCE. BY USING OUR SITE, YOU CONFIRM THAT YOU ACCEPT THESE TERMS OF USE AND THAT YOU AGREE TO COMPLY WITH THEM AS DESCRIBED. THESE TERMS SHOULD BE READ IN CONJUNCTION WITH CHOZAN’S PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE OUR SITE.

 

Information about us

  • Our Site is operated by CHOZAN, a registered branch of Alarice International Limited (“we” or “us”). We are registered in Hong Kong under company number 58901387-001-08-16-4, and have our registered office at 23F, On Hong Commercial Building, 145 Hennessy Road, Wanchai, Hong Kong. We are a limited liability company.
  • Should you have any questions or concerns, you may contact us at the following email address: support@chozan.co (“our Contact Email”).

 

Terms of use

  • These Terms of Use (together with the documents referred to in it) tells you the terms of use on which you may make use of our Site. Use of our Site includes accessing, browsing or subscribing to text, images, video, graphics, materials and any other information and/or data (collectively, the “Content”) available on our Site.
  • Please read the Terms of Use carefully before you start using our Site. We also recommend that you print a copy for your reference.
  • By using our Site, you confirm that you accept these Terms of Use and that you agree to comply with them as described.
  • If you do not agree to these Terms of Use, you must not use our Site.

 

Other applicable terms

  • The following additional terms also apply to your use of our Site:
    The Privacy Policy (available at our Site) which sets out the terms on which we manage any personal data we collect from you, or that you provide to us. By using our Site, you consent to the collection and use of such information in accordance with our Privacy Policy and warrant that all the data provided by you is accurate.
  • With regards to paid goods, services and/or digital content on our Site, separate terms and conditions apply.

 

Changes of terms

  • We may amend the Terms of Use from time to time at our sole discretion without notice or liability to you. By continuing to use our Site following such amendments to the Terms of Use, you agree to be bound by such amendments. Please check these Terms of Use from time to time to take notice of any changes made.

 

Changes to our services

  • We may update our Site and make changes to the Content at any time without any notice to you. However, please note that any Content on our Site may be out of date at any given time, and we are under no obligation to update it. In addition, we may stop (permanently or temporarily) operating our Site at our sole discretion and without any notice to you.
  • We make no representations, warranties or guarantees, whether expressed or implied, that the Content on our Site is accurate, complete or up to date or that it is free from errors or omissions.

 

Accessing our services

  • Our Site (except for the content available for the users of the CHOZAN Member Platform) is made available free of charge.
  • We do not guarantee that our Site, or any Content, will always be available or be uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
  • You are responsible for making all arrangements necessary for you to have access to our Site.
  • You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

 

Our intellectual property rights

  • We are the owner or the licensee of all the intellectual property rights in our Site and in the Content. All rights under applicable laws are hereby reserved.
  • You may print out one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others to Content posted on our Site.
  • You must not modify the paper or digital copies of any materials you have printed out or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  • Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
  • You must not use any part of the Content on our Site for commercial purposes without obtaining a license to do so from us or our licensors.
  • If you print out, copy or download any part of our Site in breach of these Terms of Use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  • You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or create derivative works with respect thereto, as the Site is copyrighted under applicable laws.
  • You agree that we are free to disclose, use and modify all and any ideas, know-how, suggestions, comments and other communications and information provided by you to us (the “Feedback”) on or in connection with our Site without any payment to you. You hereby waive and agree to waive all and any rights and claims for any payment in relation to our disclosure, use or modification of any or all of your Feedback.

 

LIMITATION OF OUR LIABILITY
PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO YOU.

  • Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Hong Kong SAR law.
  • To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any Content, whether express or implied. Your access to and use of our Site is at your sole risk and all the Content is provided “as is”, “as available.” You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of our Site. You are responsible to ensure that your use of the Content and our Site complies with all applicable legal requirements
  • We will not be liable to any user (whether registered or not) for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our Site; or
    • use of or reliance on any Content displayed on our Site.
  • If you are a business user, please note that in particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.
  • If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
  • We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
  • In any event, our aggregate liability shall not exceed One Thousand Hong Kong Dollars (HKD1,000).
  • Should you have any questions or concerns, you may contact us at our Contact Email. However, please note that no lack or delay of response by us shall be deemed to constitute any acquiescence or waiver.

 

Uploading content to our Site

  • All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in section 10 below (Restrictions on Use).
  • You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty and you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
  • Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
  • We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
  • We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.
  • We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Restrictions on Use.
  • The views expressed by other users on our site do not represent our views or values. You understand that by using our Site, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.
  • We may not monitor or control the content posted via our Site and, we cannot take responsibility for any such content. Any use or reliance on any content or materials posted on our Site is at your own risk.
  • You are solely responsible for securing and backing up your content.

 

Restrictions on use

  • Content posted by you (if any) on our site must not:make defamatory, libellous, false or misleading comments;use obscene, insulting, racist, sexist or otherwise discriminatory, offensive or inappropriate language;advocate or induce others to engage in unlawful activities;infringe the right to privacy, intellectual property or proprietary rights of others; orviolate any Hong Kong SAR, foreign or international statute, regulation, rule, order, treaty, or other law.
  • There is no endorsement, implied or otherwise, by us of any content posted by you on our site.
    You must not use any automated or manual techniques including any form of web scraping intended to allow use of material on this website without complying with these Terms of Use.

 

Viruses and malware

  • We do not guarantee that our site will be secure or free from bugs, viruses or any malware.
  • You are responsible for configuring your information technology, computer programs and platform in order to access our Site. You should use your own virus protection software.
  • You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our site is stored or any server, computer or database connected to our Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under relevant laws and regulations. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

Content copyright policy

  • We respect the intellectual property rights of others and expects users of our Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.
  • We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer. Our address for notice of alleged copyright infringement appearing on our Site is our Contact Email.

 

Linking to our Site

  • You may link to our Site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.The website in which you are linking must comply in all respects with the content standards set out in section 10 above (Restrictions on Use).
  • If you wish to make any use of content on our Site other than that set out above, please contact us at our Contact Email Address.

 

Third-party links and resources in our site

  • Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over and provide no endorsement of the contents of those sites or resources.
  • Our Site may include advertisements from third parties. In consideration of having access to our Site, you agree that we may place such advertising on our Site.

 

Indemnity

You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Use and/or your use of the website. We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any claim or action.

 

Severance

The illegality, invalidity or unenforceability of any provision of these Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

 

Several users

If there are two or more persons adhering to these Terms of Use as user, their liability under the Terms of Use is joint and several, and their rights are joint.

 

Waiver

No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

 

Governing law and jurisdiction

These Terms of Use, its subject matter and its formation shall be governed by the laws of the Hong Kong Special Administrative Region. You agree to submit to the exclusive jurisdiction of the Hong Kong courts.

 

Languages

In case of discrepancies between the English and Chinese language versions of these Terms of Use and contents of this site, the English version shall prevail.

 

Last updated:  22 / 12 / 2016