General
Disclaimer
By accessing this Site
and/or using the service herein provided, you agree and accept that the use of
the service and of the Site will be at your own risk. The Site and the
materials contained therein are provided on an "as is" and "as available" basis
without warranties of any kind, either express or implied, as to the operation
of the Site or the information, content, materials, products or services
included on the Site. You expressly agree that use of the Site, including all
content, data or software distributed by, downloaded or accessed from or
through the Site, is at your sole risk and responsibility. CITIC 1616 shall in no
event be liable for your user using or access of the Site. You are fully
responsible for your user in this regard.
Warranty Disclaimer.
CITIC 1616 disclaims all warranties, express or implied, including, but not limited
to, implied warranties of merchantability, fitness for a particular purpose,
title, and non-infringement as to the information, materials, content, services
and products on the Site. CITIC 1616 does not represent or warrant that materials in
the Site are accurate, complete, reliable, current, error-free, subject to
correction or that any such materials available for download from the Site are
free of infection or viruses, worms, trojan horses, or other code that
manifests contaminating or destructive properties. CITIC 1616 is not responsible for
typographical errors or omissions relating to pricing, text, or photography and
the call detail records provided therein is not for billing purpose. While
CITIC 1616 attempts to ensure your access and use of the Site is safe, CITIC 1616 cannot
and does not represent or warrant that the Site or its server(s) will be
error-free, uninterrupted, free from unauthorized access (including third-party
hackers or denial of service attacks) or otherwise meet customer's
requirements.
Virus
protection
It is always wise for
you to run an anti-virus programme on all material downloaded from the
Internet. CITIC 1616 cannot accept any responsibility for any loss, disruption or
damage to your data or your computer system that may occur while using material
derived from this Site.
Intellectual
Property Rights
Content (including,
but not limited to, information, communications, software, images and sounds
contained on or available through the Site) is provided by CITIC 1616, its content
providers and third parties licensors. The intellectual property rights to or
over the contents contained in each Site belong to CITIC 1616, its content providers
and/or third parties licensors. All rights are reserved. Except for data that
belongs to you and it is design intent to allow you to download, transfer or
replicate the data, the contents of the Site cannot be reproduced, modified,
transferred, distributed, republished, downloaded, posted or transmitted in any
form or by any means including but not limited to electronic, mechanical
photocopying or recording without the prior written permission of CITIC 1616. In
case of data leakage, software bug, unintentional human configuration mistake,
etc to cause misplaced into your web account, CITIC 1616 will not take any
responsibility for in this regard.
Your access to or use
of the Site should not be construed as granting, by implication, estoppel or
otherwise, any license or right to use the trademarks, tradenames, logos or
service marks appearing on the Site without CITIC 1616's prior written consent. You
may not, without CITIC 1616's prior written consent, use any of such trademarks,
tradenames, logos or service marks as a hyperlink to the Site or any other
website.
You may not modify,
translate, decompile, disassemble, reverse engineer or otherwise attempt to
derive the source code for the computer systems and other technology that
operate the Site or create derivative works based on the Site. For purposes of
these Terms and Conditions, "reverse engineering" shall include the examination
or analysis of the Site to determine the source code, structure, organization,
internal design, algorithms or encryption devices of the Site's underlying
technology.
Enforcement
CITIC 1616 reserves the
right but does not assume the obligation to strictly enforce these Terms and
Conditions, including without limitation by issuing warnings, suspension, or
termination of service, and/or removal, screening, or editing of the content,
self help and active investigation, litigation and prosecution in any court or
appropriate venue. CITIC 1616 may access, use, and disclose transaction information
and content to comply with the law (e.g., a lawful subpoena); to initiate,
render, bill, and collect for services; to protect our rights or property, or
to protect users of those services and other carriers from fraudulent, abusive,
or unlawful use of, or subscription to, such services. Indirect or attempted
violations of these Terms and Conditions or any related policy, and actual or
attempted violations by a third party on behalf of CITIC 1616 customer, shall be
considered violations of these Terms and Conditions by such customer.
Limitation of Liability
In no event shall CITIC 1616
be liable for any direct, special, indirect or consequential damages, or any
other damages of any kind, including but not limited to, loss of use, loss of
profits, or loss of data, whether in an action in contract, tort (including but
not limited to negligence), or otherwise, arising out of or in any way
connected with (i) the use or inability to use the Site or the content,
materials, information or transactions provided on or through the Site, or (ii)
any claim attributable to errors, omissions, or other inaccuracies in the Site
or the content, materials, information, products, or services on or available
through the Site, even if CITIC 1616 or its authorized representatives have been
advised of the possibility of such damages.
In no event shall the
aggregate liability of CITIC 1616 (whether in contract, warranty, tort (including
negligence), product liability, strict liability, or other theory), arising out
of or relating to the use of the Site, exceed the amount equal to the service
fee you paid CITIC 1616.
Indemnification
You agree to
indemnify and hold CITIC 1616, its partners, subsidiaries, agents, affiliates,
officers and employees, harmless from any claim, demand, liability or damage
(including attorneys' fees), asserted by any third party due to or arising out
of your use of the Site, your access or connection to the Site, or your user
using of the Site, access or connection to the Site. These obligations will
survive any termination of your relationship with CITIC 1616or your use of the
Site.
General
Your access to or use
of the Site, as well as these Terms and Conditions shall be governed by, and
construed in accordance with laws of the HKSAR and you agree to submit to the
exclusive jurisdiction of the Courts of the HKSAR.
CITIC 1616's failure to
insist upon or enforce strict performance of any provision of these Terms and
Conditions shall not be construed as a waiver of any provision or right.
If any part of these
Terms and Conditions is held to be unenforceable, the unenforceable part shall
be given effect to the greatest extent possible and the remainder will remain
in full force and effect.
These Terms and
Conditions are for the benefit of CITIC 1616 and its directors, officers, employees,
suppliers, licensors, agents, and any third party content providers to the
Site. Each of these individuals or entities shall have the right to assert and
enforce those provisions directly against you on its own behalf.