These terms and conditions apply between all Users of this Website (including but not limited to Members), and AND Corp Limited (reg. number: 2892045, address Unit 1411, 14/ Floor, Cosco Tower, 183 Queen's Road Central, Sheung Wan, Hong Kong), the owner(s) of this Website. Additionally these terms and conditions apply to the use of and (where applicable) purchase of AND Corp Limited Products and Services, including but not limited to advertising with AND Corp Limited. Please read these terms and conditions carefully, as they affect your legal rights.1. Acceptance of Terms
1.1 Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age. Your access to and use of the AND Corp Limited Website or Services is subject (unless expressly stated otherwise) exclusively to these terms and conditions. You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in these terms and conditions. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1.2 AND Corp Limited reserves the right to change these terms and conditions without notice, and Users agree to be bound by such changes. It is the responsibility of Users to check these Terms and Conditions regularly for any changes.
1.3 If you are entering into these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these terms and conditions.2. Intellectual property and acceptable use of Content
2.1 Content is available via AND Corp Limited and this Website on a free of charge basis and in consideration for a specified payment.
2.2 All Content included on the Website, unless uploaded by Users, Members or Partners or as stated otherwise, is the property of AND Corp Limited our affiliates, licensees or other relevant third parties. By continuing to use the Website Users acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission;
2.3 Subject to clause 3 AND Corp Limited hereby grants to the User a non-exclusive worldwide licence for the duration of the Membership or in the case of a User who is not a Member, until AND Corp Limited may choose to revoke such licence, to download, store, use, reproduce, transmit, display, copy, and provide access to Content in accordance with the terms of the Membership (where applicable) and at all times only for the User's own information purposes and for the avoidance of doubt, not for any commercial or business purposes.
2.4 Notwithstanding any other rights or remedies available to it, AND Corp Limited shall have the right to terminate any licence granted to any User, to terminate any Membership (where applicable) or block a User from the Website in the event of any breach by such User of any of the terms and conditions of this licence.
Without prejudice to any rights granted herein, AND Corp Limited reserves the right to amend, edit or abbreviate or take down any Content at our discretion.
2.5 Notwithstanding the above, were a User is paying for additional premium content (by way of example, for Reports and/or as part of a Membership subscription) (“Pre-Paid Content”) such Users acknowledge that their access to such Pre-Paid Content is conditional upon payment in accordance with the payment methods set out on the Website before access to such Pre-Paid Content is permitted, and no licence shall be granted until payment has been received in full for the relevant Pre-Paid Content. For the avoidance of doubt, all one off fees payable for Reports shall be non-refundable, and the period of licence granted in such Content may only subsist for the duration of a Users Membership subscription.3. Prohibited use of the Site by Users
3.1 Users are expressly forbidden to download, store, reproduce, transmit, display (including without limitation via an intranet or extranet site), copy, sell publish, distribute, provide access to Content for any purposes other than as set out herein or to sub-license, rent, lease, transfer or assign any rights in Content, to any other person, commercially exploit or use Content for any unlawful purpose.
3.2 With regard the uploading, or posting of User Generated Content, and use of the site more generally, Users may not use the Website for any of the following purposes:
3.2.1 in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
3.2.2 in any way which is harmful, unlawful, illegal, abusive, harassing, misleading, inaccurate, threatening or otherwise objectionable or in breach of any applicable law, regulation or governmental order.4. Availability of the Website and Disclaimers
4.1 The Website and Services are provided "as is" and on an "as available" basis. AND Corp Limited gives no warranty that the Website or Services will be free of defects and/or faults. To the maximum extent permitted by the law, AND Corp Limited provides no warranties (expressed or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. AND Corp Limited is under no obligation to update information on the Website.
4.2 Whilst AND Corp Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, AND Corp Limited give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
4.3 AND Corp Limited accepts no liability for any disruption or non-availability of the Website.
4.4 AND Corp Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.5. Limitation of Liability
5.1 Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
5.2 We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
5.3 To the maximum extent permitted by law, AND Corp Limited accepts no liability for any of the following:
5.3.1 any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
5.3.2 loss or corruption of any data, database or software;
5.3.3 any special, indirect or consequential loss or damage.6. Website Content and Services
6.1 Except as otherwise expressly agreed to by AND Corp Limited in writing, information regarding AND Corp Limited products and Services is subject to change without notice.
6.2 Information about AND Corp Limited Products and Services made available on and/or through this Website shall not constitute a representation, warranty or other commitment by AND Corp Limited with respect to any product or service unless otherwise expressly agreed to by AND Corp Limited in writing.
6.3 Without limiting the generality of the foregoing, AND Corp Limited hereby disclaims all warranties, expressed or implied, as to the accuracy, suitability for any purpose or completeness therefore.7. Third Party Content
7.1 This Website makes available certain Content that has not been created by AND Corp Limited either via hyperlinks which may take Users to websites not controlled or maintained by AND Corp Limited, or as hosted via the Website whether or not such Content is available free of charge, to Members only or for a fee, for example Partner Downloads, Member profiles and other materials posted by other Users on the Website blogs and forums ("Third Party Content").
7.2 Any copying, distribution, reproduction, retransmission, or modification of any of the Third Party Content or any information or materials appearing in such Third Party Content, whether in electronic or hard copy form, is subject to the prior written permission of the author and publisher of such Third Party Content.
7.3 Third Party Content is not the responsibility of AND Corp Limited, and Users acknowledge and confirm that AND Corp Limited has no control over the opinions, information, legality of products, or accuracy of facts or statements contained in such Third Party Content and furthermore AND Corp Limited cannot guarantee and makes no representation or warranty as to the accuracy, veracity, or completeness of any such information provided. Nothing contained within Third Party Content necessarily represents the point of view of AND Corp Limited.
7.4 AND Corp Limited cannot and does not confirm each User's identity, whether or not they are a Member. AND Corp Limited allows Members to give access to information about themselves to other Members but does not control the information provided by Users or Members.
7.5 In the event that you have a dispute or issue with one or more of the other Users, you agree to unconditionally release AND Corp Limited (and our officers, directors, agents, subsidiaries and employees) from any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
All media and advertising placed with AND Corp Limited shall be subject to the following:
8.1 All Advertisements are accepted subject to AND Corp Limited's approval of the copy and to the space being available.
8.2 AND Corp Limited reserves the right to omit or suspend any Advertising (or part thereof) at any time for if AND Corp Limited holds the belief that publication may be unlawful, defamatory, put AND Corp Limited into disrepute, in breach of any Ofcom regulations, or Advertising Standards Agency (or like body) regulation or code, put it in breach of contract or infringes the copyright off a third party in which case no claim on the part of any Client for damage or breach of contract shall arise.
8.3 If AND Corp Limited considers it necessary to modify the space or alter the date or position of insertion or make any other alteration, the Client will have the right to cancel if the alterations requested are unacceptable, unless such changes are due to an emergency or circumstances beyond AND Corp Limited's control. Every care is taken to avoid mistakes but AND Corp Limited cannot accept liability for any errors due to third parties, subcontractors or inaccurate copy instructions. In any event the Client acknowledges and confirms that its sole remedy for such inaccuracies in Advertisements will be for AND Corp Limited to use its reasonable endeavours to remedy such inaccuracies upon notice from the Client, where practicable. For the avoidance of doubt the Client accepts that Advertisements which have gone to print cannot be altered.
8.4 The Client will indemnify AND Corp Limited fully in respect of any claim made against AND Corp Limited arising from AND Corp Limited's publication of any Advertisement or part thereof arising from a breach of any term, condition, undertaking or warranty given hereunder or otherwise to AND Corp Limited. AND Corp Limited may consult with the Advertiser as to the way in which such claims are to be handled, and may require the Client to enter as a party to any claim.
8.5 Advertisement rates are subject to revision at any time and orders are accepted on condition that, in the case of Advertising placed within an issue of the Magazine, that the price binds AND Corp Limited only in respect of the next issue to go to press. In the event of a rate increase, the Client will have the option to cancel the order without surcharge or continue the order at the revised advertisement rates.
8.6 Accounts are due for settlement within 30 days of the commencement of publication of the Advertising. In the event of any account becoming overdue, AND Corp Limited reserves the right both to suspend Advertising until such time as the sum owing is paid and to reduce any commission otherwise allowed to Advertising Agencies.
8.7 Advertisement copy should be supplied by the Client in accordance with the mechanical data stated on the rate card. Charges will be made to the Client or his Agent where the printers are involved in extra production work owing to acts or defaults of the Client or his Agent. These charges will be at the rate agreed prior to commencement of Advertising.
8.8 If copy instructions are not received by agreed Copy Date no guarantee can be given that proofs will be supplied nor corrections made and AND Corp Limited reserves the right to repeat the most appropriate copy, or insert a house advertisement for which the Client will be invoiced.
8.9 Total amount payable, by the Client, within the 30-day period, will be written in the 'Gross Payment' section of the order form, accompanying this document. Series bulk discount purchases must be paid in one payment, 30 days after invoice, unless otherwise stated.
8.10 In the case of the Client failure to make complete payment within 30 Days of the invoice date occurred, cumulative monthly interest, at a rate of 10% per month from the invoice date, will be added to the gross amount. If at any time legal fees and costs are incurred as a result in obtaining payment from the Client, those costs will be charged back to the Client.
8.11 Client's materials which may be delivered to AND Corp Limited including but not limited to property and artwork are held by AND Corp Limited at Client's risk and should be insured by them against loss or damage from whatever cause. AND Corp Limited reserves the right to destroy all artwork, which has been in his custody for twelve months from the date of its last appearance.9. Pricing
9.1. Prices for any of AND Corp Limited services or products are subject to change without prior notice. AND Corp Limited aim to regularly update all publicly available sources of price information via the Website to ensure that you have accurate information available to you when you order.
9.2. The description and price of any Service purchased hereunder will be confirmed in AND Corp Limited's despatch note and/or invoice or at point of payment if purchased online.10. Payment Policy
Unless specified herein or at point of purchase to the contrary, AND Corp Limited invoices for any Service are due for payment 30 days from their date. AND Corp Limited reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest.11. General
11.1 Dependence on AND Corp Limited Services: The contents of any of AND Corp Limited Services or the Website do not constitute advice and should not be relied on in taking, or refraining from taking, any decision or action. Under no circumstances shall AND Corp Limited be liable for direct, indirect, or incidental damages resulting from your use of information, commentary, advice or other content on the Website or Services. You agree to indemnify AND Corp Limited against any actions, claims, proceedings, or liabilities arising from your use of the Website or Services.
11.3 Force Majeure: If by reason of labour dispute, strikes, inability to obtain labour or materials, fire or other action of the elements, accidents, power or telecommunications failure, customs delays, governmental restrictions or appropriation or other causes beyond the control of a party, such AND Corp Limited is unable to perform in whole or in part its obligations set forth in these terms, then AND Corp Limited shall be relieved of those obligations to the extent it is thereby unable to perform, and such inability to perform shall not make AND Corp Limited liable to any other party.
11.4 Users may not transfer any of their rights under these terms and conditions to any other person. AND Corp Limited may transfer their rights under these terms and conditions where AND Corp Limited reasonably believes Users rights will not be affected.
11.5 These terms and conditions may be varied by AND Corp Limited from time to time. Such revised terms will apply from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
11.6 These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
11.7 If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
11.8 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
11.9 Governing Law and Jurisdiction: Hong Kong
11.10 Full terms and conditions outlining the terms and conditions pertaining to the use and delivery of the AND Corp Limited recruitment website can be found within that section of the site.
11.11 These terms and conditions shall be construed in accordance with the laws of Hong Kong and shall be subject to the exclusive jurisdiction of the Hong Kong courts.
11.12 These terms and conditions are compiled in English. In whatever case of discordance between the two texts or doubts about their interpretation, the English one will prevail.