1. Limitation of Liability
You expressly understand and agree that to the extent permitted by law,
Foresoon shall not be liable to the User or any other person whether in tort, contract, statute or otherwise (including without limitation for negligence,
breach of contract, defamation, or intellectual property right infringement) for:
a. any direct loss;
b. any consequential, indirect, incidental, special or exemplary loss (including without limitation loss of revenue or profits, goodwill, use, data or other
intangible losses); or
c. the User's liability to any other person, which is suffered or incurred by the User or any other person arising under or in any way out of the Information
or www.foresoon.com.hk's use.
2. Description of Service & Data
All Services together with any new features that augment or enhance any such services currently offered shall, unless explicitly stated otherwise, be subject to the T&C. You understand and agree that the Services are provided "AS-IS" and that Foresoon assumes no responsibility for the timeliness, deletion, mis-delivery or failure of the provision of any Services.
You understand that the technical processing and transmission of the Services may involve :
a. transmissions over various networks;
b. changes to conform and adapt to technical requirements of connecting networks or devices.
Foresoon shall, accordingly, in no circumstances, be liable for any failure of any Services in whole or in part or for your inability to gain access in whole or in part to such Services due to the delay or failure of any communication networks or any party providing such access.
You may be asked to fill in one or more than one of our registration or application forms (on-line or otherwise) before certain Services become available to you. In filling in those forms, you undertake to :
a. provide true, accurate, current and complete personally identifiable information about yourself as required,
b. provide true, accurate, current and complete information about any Contents posted or offered by you through any Websites ("Other Information") and
c. maintain and promptly update your personally identifiable information and Other Information to keep it true, accurate, current and complete.
If you provide any Other Information or personally identifiable information that is untrue, inaccurate, not current or incomplete, or Foresoon has reasonable grounds to suspect that such is untrue, inaccurate, not current or incomplete, Foresoon has the right to suspend or terminate your account and refuse any and
all current or future use of the Services (or any portion thereof).
If you are under the age of eighteen, a minor or not capable of assuming legal responsibility, you should seek advice from your parents or guardians as to the meaning and consequences of these T&C before using any of the Services. You must not provide us with your personally identifiable information unless you have received the consent from your parents or guardians. Foresoon presumes that every User of the Websites has the requisite capacity required for any use of any of the Services and, by using any of the Services, you undertake and warrant to us that you have the requisite capacity. Foresoon is not obliged to verify the age or capacity or any Users, but in the event it is discovered that any Users lack the requisite capacity, Foresoon reserves the rights as may be available against such Users, or the parents or guardians of such Users, including the right to be indemnified by them against all the loss or damage suffered by us as the result of the said lack of capacity or to cancel their registration and terminate their access to the Websites.
6. Account PIN & Password
You will receive a password and/or Personal Identification Number ("PIN") upon completing our on-line registration form. You are responsible for maintaining the confidentiality of the said passwords and PIN, and are fully responsible for all activities that occur under those passwords or PIN. You agree to
a. immediately notify Foresoon of any unauthorized use of your passwords or PIN or any other breach of security: and
b. ensure that you exit from your passwords or PIN at the end of each visit to the Websites. Foresoon cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6 or your use of any digital or electronic certificates in connection with the Services.
You acknowledge that the said passwords and PIN are confidential and must not be disclosed to any other person(s) under any circumstances. Any words, action or conduct whether intentional or unintentional, by you breaching that confidentiality shall render you liable to Foresoon for all losses and damages thereby caused. You shall take all necessary precautions to maintain the confidentiality of the said passwords and PIN. You hereby agree and acknowledge that the use of the Services by any person whatsoever (whether authorised by you or not) with those passwords and PIN shall constitute and be deemed the use of the Services by you. You shall notify ESDlife immediately of any actual or possible unauthorised use of those passwords and PIN and shall confirm the same in writing without delay to Foresoon. Until Foresoon has received such written confirmation you shall have no claim against Foresoon and shall be liable to Foresoon for all losses and damages incurred by Foresoon in respect of any use of the Services whether authorised by you or not.
You acknowledge and agree that the only duty of Foresoon is to verify those passwords and PIN and Foresoon shall not be liable in respect of:
a. any loss or damage suffered by you or any other person as a result of any failure to effect or execute instructions through various electronic delivery channels or perform any obligation thereunder where such failure is attributable either directly or indirectly to any circumstances or events outside our control: or
b. any other loss or damage whatsoever suffered by you or by any other person as a result of any instructions through various electronic delivery channels
given with the correct password and/or PIN.
You agree and accept that, given the nature of the Internet, Foresoon does not warrant (and accepts no responsibility for) confidentiality of any transmission of personally identifiable information, other Information or data through www.foresoon.com.hk. Foresoon's current practice is to take reasonable steps to maintain confidentiality.
8. User's Obligations
In consideration of Foresoon allowing you to access to the Information and/or www.foresoon.com.hk, you agree:
a. not to carry out or allow any Copyright Infringement;
b. not to use the Information or the User's access to www.foresoon.com.hk for any illegal, improper, obscene or defamatory purpose;
c. to take all steps to ensure the Information does not damage the User's information or systems;
d. to ensure that all information which you provide to www.foresoon.com.hk is true and accurate to the best of your knowledge;
e. to Foresoon conducting research on access to the Information;
f. 未得科訊發出書面通知之前，不可將權利及責任以分配、轉送或其他形式轉讓 給任何其他人等；( pls help translate into English version )
g. to all Foresoon's disclaimers and limitations of liability set out in this notice; and
h. to Foresoon's personal data policies current from time to time applying.
9. Third Parties Websites
www.foresoon.com.hk may contain materials produced by third parties or links to other websites. Foresoon accept no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to www.foresoon.com.hk) which are not under Foresoon's direct control. When you activate any such links, you leave our websites and access such sites or pages at your own risk and Foresoon shall not be responsible or liable for any Contents, advertising, products, or other materials on or available from such sites or pages. You further acknowledge and agree that Foresoon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Contents, goods or services available on or through any such sites or pages. Foresoon reserves the right to require the removal of any link from another website to www.foresoon.com.hk
which is installed without obtaining the prior written consent of Foresoon.
10. Dealing with Advertisers
Your correspondence or business dealings with, or participation in promotion of third parties placing advertisements on the Websites or other parties found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and those third parties. You agree that Foresoon shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Websites.
11. Online Payment
Introduced or mentioned in or via our websites being effected by the payment platform provided by us, notwithstanding anything herein contained, Foresoon shall not be liable to you for and in respect of any loss or damage (including indirect and consequential losses and damage) suffered by you in connection with any on-line payments made by you by reason of :
a. any failure, delay, interruption, suspension or restriction of the transmission of any information or message from any payment gateways of the relevant
banks and/or third party merchants for processing credit/debit/smart card or other payment facilitating mechanism;
b. any error in or omission from any information or message transmitted from the said payment gateways;
c. any breakdown, malfunction or failure of those gateways; and
d. anything arriving out of or in connection with them.
12. Modifications of Services
Foresoon reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Foresoon shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
13. No Resale of Services
You undertake not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
14. Public Disclosure of Information
Before you send any Contents, Other Information or personally identifiable information, you must check whether you are sending it in the public area of the Websites. If you are sending it in the public area, you acknowledge that you are doing so voluntarily and that
a. Foresoon is granted a world-wide, royalty free licence to reproduce, modify, adapt and publish such Contents for as long as you elect to continue to include such Contents in the Websites; and
b. any person may use such Contents for the purpose of exchanging email/ emails or chatting between or amongst Users or introducing you to Users. All such Contents you voluntarily make available in the public area are not to be regarded as being collected by Foresoon
c. 如有任何該等內容被指為錯誤、失實、帶中傷、誹謗、不雅、淫褻或危險成 份，從而引起任何損失或法律糾紛，科訊概不負責並有權刪除被指為不適當的內 容。( pls help translate into English version )
d. 科訊對所有該等內容之完整性及立場均不負任何法律責任。 ( pls help translate into English version )
User agrees to hold Foresoon harmless and indemnify Foresoon against all losses, damages, claim, demands, proceedings,liabilities, costs (including legal costs), and expenses in connection with your use of www.foresoon.com.hk in breach of the terms and conditions herein or negligence.
16. Availability and Suitability of Services
Foresoon does not warrant that the information or materials contained in www.foresoon.com.hk are current or accurate or that any of the products or services featured on www.foresoon.com.hk are available. Foresoon may change the materials appearing on www.foresoon.com.hk at any time without notice.
17. Law and Severability
The Terms shall be construed in accordance with, and this agreement is governed by the laws of the Hong Kong Special Administrative Region of the Peoples'
Republic of China ("Hong Kong") and each part of this notice shall apply to the extent permitted thereby. Any part of this Terms which is prohibited or
unenforceable in any jurisdiction is ineffective as to that jurisdiction only to the extent of the prohibition or unenforceability. That does not invalidate
the remaining parts of this notice nor affect the validity or enforceability of that part in any other jurisdiction.
Customer Services Manager ;
Customer Services Manager
FORESOON ENGINEERING COMPANY LIMITED
6th Floor, Pacific Plaza,
418 Des Voeux Road West,
Email Address: firstname.lastname@example.org
Please note that this Terms may be amended from time to time without prior notice. You are advised to check it on a regular basis.