Terms of Use
This website, www.groupintellect.com.hk (the “Website”) is operated by Group Intellect Power Technology Limited and its subsidiaries (hereinafter “GIPT”). The content on the Website is owned or licensed by GIPT.
Please read these website terms and conditions and Privacy Policy (collectively referred to as “Terms”) contained on the Website. User can find the Privacy Policy at www.groupintellect.com.hk/privacy (the “Privacy Policy”). The Privacy Policy is hereby incorporated into these Terms by reference and constitutes a part of these Terms.
Use of the Website is governed by these Terms which constitute a legally binding agreement between user and GIPT and these Terms apply to all persons who visit this Website (the “Users”), regardless of the User’s level of participation. By accessing or using this Website, the User acknowledges that the User has read, understands and expressly and irrevocably agrees to the Terms and to abide by the Terms.
In addition, the User affirms that the User is either more than 18 years of age, or an emancipated minor, or possesses legal parental or guardian consent, and that the User is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If the User of the Website does not agree with any of these Terms, the User may not, under any circumstances, utilize the Website.
These Terms list GIPT’s current policies and Terms, but GIPT may adjust these Terms from time to time, at GIPT’s discretion, without providing any notice to the User. In addition, GIPT may cease all or part of the Website at any time without notice and is not obligated to retain or return any post or comment. If the User objects to any such changes, the User’s sole recourse shall be to cease using the Website. Continued use of the Website following the effective date of any changes shall indicate the User’s acknowledgement of such changes and agreement to be bound by such changes.
Intellectual Property Right. All content, text, images, data, information and other material displayed, available or present on the Website (the “Content”), including any intellectual property rights in such Content (including without limitation trademarks, service marks, trade dress and/or copyrights) or other intellectual property rights associated with the Website (hereinafter “Intellectual Property Rights”), are the property of GIPT, its licensors, or designated owners and are protected by applicable intellectual property laws. The User should assume that everything the User sees or reads on the Website is protected work and is protected by intellectual property laws, unless otherwise noted, and may not be used without the written permission of GIPT or the respective owner except as provided in these Terms.
User may access, use, and display the Website and download and print copies of the Content only for non commercial, informational, personal use, without modification or alteration in any way, and only so long as the User complies with these Terms and all applicable laws. If the User violates these Terms and/or any applicable laws, the User’s permission to use the Website is immediately terminated. The User may not otherwise reproduce, sell, publish, distribute, modify, display, or use any Content or portion of the Website without the prior written permission of GIPT. The User agrees that the User will not infringe upon any Intellectual Property Rights or remove or modify related intellectual property and/or proprietary notices contained in the Website or the Content.
Third Party Website and Other Information. As a convenience to the User, the Website may contain Content, links, and other information submitted by third parties over whom GIPT has no control or responsibility. GIPT has no obligation to monitor, control, or restrict the use of third party websites accessible via links on the Website. These other websites are not under the control of GIPT, and the User acknowledges that (whether or not such websites are affiliated in any way with GIPT) GIPT is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites. The inclusion of such a link does not imply endorsement of any website by GIPT or any association with its operators. Moreover, GIPT has no obligation to verify any Content submitted by any user or third party or to provide any registration or other information to the User concerning any Content.
Unauthorized Use or Access. Unless otherwise expressly authorized in these Terms, the User may not take any action to interfere with the Website or any other user’s use of the Website or decompile, reverse engineer or disassemble any Content or other products or processes accessible through the Website, nor insert any code or product or manipulate the Content in any way that affects any User’s experience. While using the Website, the User is required to comply with all applicable statutes, orders, regulations, rules, and other laws.
The User expressly agrees that the User will not do any of the following, which violate these Terms:
- Use the Website for any fraudulent or unlawful purpose.
- Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks. • Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website).
- Use the Website to advertise or offer to sell or buy any goods or services for any business purpose, without GIPT’s express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website. • Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website.
- Frame or mirror any part of the Website without GIPT’s express prior written consent. • Create a database by systematically downloading and storing Website Content. • Use any robot, spider, site search/ retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Website Content or reproduce or circumvent the navigational structure or presentation of the Website.
Disclaimer. The Website, the Content, and its links are provided on an “as is” and “as available” basis and are used only at the sole risk of the User, to the fullest extent permissible by law.
- a) Technical Content: The material in the Website could include technical inaccuracies or other errors. The User’s use and browsing of the Website is at the User’s risk. GIPT does not warrant that the functional aspects of the Website will be uninterrupted or error free or that the Website or the server that makes it available are free of viruses or other harmful components.
- b) Performance: Without limiting the foregoing, GIPT and its directors, officers, employees, agents, representatives, licensors and providers make no representation or warranty (a) regarding the statements, acts or omissions of any third parties; (b) that the website and/or any of its features will be available on a timely basis, or that access to the website and/or any of its features will be uninterrupted or secure; (c) that defects or errors will be corrected; or (d) that the website or the servers or networks through which the website is made available are secure or free of viruses or other harmful components. Further, GIPT does not promise that the website, nor any information, Content made available through the website, will be accurate, reliable, complete, error free or compatible with any particular hardware or software.
- c) General: GIPT disclaims all warranties, express or implied, of any kind, regarding the Website (including its Content, hardware, software, and links), including any express or implied warranties as to fitness for a particular purpose, merchantability, title, timeliness, non-infringement, results, accuracy, completeness, accessibility, compatibility, security, and freedom from computer virus. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO THE USER, THE ABOVE EXCLUSIONS WILL APPLY TO THE USER TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. GIPT will not be liable for any damages or losses, including direct, indirect, consequential, special, incidental, or punitive damages, including without limitation damages for lost profits, goodwill, use, data, or other tangible or intangible losses, in connection with use of the internet, the Website, the Content, or its links, however caused, whether in contract, tort, negligence, strict liability or otherwise, even if GIPT has been advised of the possibility of such damages. GIPT will not be a party to, and will have no responsibility or liability for, any transaction negotiated or arranged by the User arising in connection with the Website. In any event, if any of the above provisions in this Section are not enforceable in an applicable jurisdiction, the maximum liability of GIPT will be limited to correction or deletion of any inaccurate Content or link.
Limitation of Liability. GIPT nor any of its agents, nor any other party involved in creating, producing, or delivering the Website, is liable for any direct, incidental, consequential, indirect, or punitive damages or losses arising out of or in connection with the User’s access to, or use of, the Website, its features or any Content made available through the Website, even if advised in advance of such damages or losses, to the extent permitted by applicable laws. GIPT’S MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED FIVE THSOUND USD. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO THE USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO THE USER, AND THE USER MAY HAVE ADDITIONAL RIGHTS.
Indemnification. Each User will defend, indemnify, and hold GIPT and their respective officers, directors, employees, and agents, and any of its licensors, website partners, or contractors harmless from any demands, claims, damages, liabilities, expenses or harms, including attorney’s fees, arising in connection with the User’s actions or omissions, including use of the Website, online conduct, breach of these Terms, or dealings or transactions with other persons resulting from use of the Website.
Modification of Terms. These Terms are subject to change from time to time and are effective immediately upon posting. GIPT will endeavor to post a notice of any changes to these Terms for a period of thirty (30) days following any such modifications. Therefore, the User is advised to review these Terms occasionally or at least every thirty (30) days. The User’s continued use of the Website, subsequent to GIPT’s notice of modification of these Terms, shall constitute the User’s acceptance of the modified Terms.
Survival. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.
No Agency. The parties hereto are separate and distinct, and this agreement is not intended to create and does not create an agency, partnership, or joint venture relationship between the parties nor do these Terms extend to any third party.
No Waiver. If GIPT fails to insist that the User performs any obligations under these Terms, or if GIPT does not enforce its rights against the User, or if GIPT delays in doing so, that will not mean that GIPT has waived such rights and will not mean that the User does not have to comply with his/ her obligations. If GIPT does waive a failure or breach by the User, GIPT will only do so in writing and that will not mean that GIPT automatically waive any future failure of breach by the User.
Severability. If any provision of these Terms shall be found to be invalid, illegal, or otherwise unenforceable, such finding shall not affect the other provisions of these Terms, or the whole of these Terms, but such provision shall be deemed modified to the extent necessary to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms..
Governing Law. With respect to any and all disputes arising out of or in connection with the Website or these Terms (including without limitation the Privacy Policy), GIPT and the User agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. GIPT has no obligation to become involved in any dispute between the User and any other person. The Website, these Terms, and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of Hong Kong Special Administrative Region without regard to its conflict of law principles.
Entire Agreement. These Terms constitute the entire agreement between the User and GIPT, and supersede any prior and contemporaneous agreements between the User and GIPT on the subject matter, except as expressly provided herein.