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ID-Tech (Hong Kong) Limited |
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Suite D-E, 20/F., Capital Trade Centre, |
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62 Tsun Yip Street, Kwun Tong, |
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Kowloon, Hong Kong. |
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Tel (852) 2147 0334 |
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Fax (852) 2147 0438 |
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sales@idtech.com.hk |
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idtech.com.hk Terms of Use
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1. Acceptance of Terms of Use for This Website |
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You must read these ID-Tech Website Terms of Use
("Terms") carefully.
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ID-Tech (Hong Kong) Limited ("ID-Tech") provides
this website to you, your employees, agents, and
contractors, and any other entity on whose behalf
you accept these terms (collectively "You"),
subject to these terms. These terms are
entered into by and between ID-Tech and you, and
you accept them by: (a) using the website in any
other manner; and/or (b) acknowledging agreement
with these terms. If you do not agree to all
of these terms, do not use this website.
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This website ("Website") includes without
limitation: (a) information such as technical,
contractual, product, program, pricing, marketing,
and other valuable information ("Information");
and (b) content such as data, text, software,
photographs, graphics, video, messages, or other
materials ("Content"). ID-Tech controls and
operates its websites from various locations and
makes no representation that this Website is
appropriate or available for use in all locations.
ID-Tech products and services may not be available
in Your location, and deliverables may vary among
locations. If You are using the website on
behalf of Your employer, You represent and warrant
that You are authorized to accept these Terms on
Your employer's behalf, and that Your employer
agrees to indemnify You and ID-Tech for violations
of these Terms. In addition to the Terms and
unless otherwise noted, the standard ID-Tech terms
and conditions of sale in your jurisdiction govern
purchases You make through the website, unless You
have in effect a separate valid written purchase
or license agreement with ID-Tech for that product
or service, in which case that separate agreement
governs, and in cases of conflicts, prevails.
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2. Your Obligations and Conduct |
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In consideration of Your use of the Website, You
agree to: (a) provide accurate, current, and
complete information about You as may be prompted
by a registration form on the Website (the
"Registration Data"); (b) maintain and promptly
update the Registration Data, and any information
You provide to ID-Tech, to keep it accurate,
current and complete; and (c) accept all risks of
unauthorized access to information and
Registration Data. You have sole
responsibility for adequate protection and backup
of data and/or equipment used in connection with
the Website.
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You are entirely responsible for all Content that
You upload, post or otherwise transmit via the
Website. You agree not to upload, post or
otherwise transmit via the Website Content that:
(a) is inaccurate, harmful, obscene, pornographic,
defamatory, racist, violent, offensive, harassing,
or otherwise objectionable to ID-Tech or other
users of the Website; (b) includes unauthorized
disclosure of personal information; (c) violates
or infringes anyone's intellectual property
rights; or (d) contains software viruses or any
other computer code, files or programs designed to
interrupt, destroy or limit the functionality of
any computer software or hardware or
telecommunications equipment. ID-Tech
reserves the right to edit or remove Content that
violates these Terms or that contains third-party
commercial advertisements.
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You agree that You will not use the Website to:
(a) transmit spam, bulk or unsolicited
communications; (b) pretend to be ID-Tech or
someone else, or spoof ID-Tech's or someone else's
identity; (c) forge headers or otherwise
manipulate identifiers (including URLs) in order
to disguise the origin of any Content transmitted
through the Services; (d) misrepresent you
affiliation with a person or entity; (e) disrupt
the normal flow of dialogue or otherwise act in a
manner that negatively affects other users'
ability to use the Website; (f) engage in
activities that would violate any fiduciary
relationship, any applicable local, state,
national or international law, or any regulations
having the force of law, including but not limited
to attempting to compromise the security of any
networked account or site, operating an illegal
lottery or gambling operation, stalking, or making
threats of harms, or (g) collect or store personal
data about other users unless specifically
authorized by such users.
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3. Confidentiality of ID-Tech Information |
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You may obtain direct access via the Website to
certain confidential information of ID-Tech and
its suppliers, including without limitation
technical, contractual, product, program, pricing,
marketing and other valuable information that
should reasonably be understood as confidential
("Confidential Information"). You must hold
Confidential Information in strict confidence.
Title to Confidential Information remains with
ID-Tech and its suppliers.
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Your obligations regarding Confidential
Information expire five (5) years after the date
of disclosure. Upon termination of the Terms
or ID-Tech's written request, You must cease use
of Confidential Information and return or destroy
it.
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The Terms impose no obligation upon You with
respect to Confidential Information that You can
establish by legally sufficient evidence: (a) You
possessed prior to Your receipt from ID-Tech,
without an obligation to maintain its
confidentiality; (b) is or becomes generally known
to the public through no act or omission by You,
or otherwise without violation of the Terms; (c)
You obtained from a third party who had the right
to disclose it, without an obligation to keep such
information confidential; (d) You independently
developed without the use of Confidential
Information and without the participation of
individuals who have had access to it, or (e) in
response to a valid order by a court or other
governmental body, as otherwise required by law,
or as necessary to establish the rights of either
party under these Terms and as disclosed after
prior notice to ID-Tech adequate to afford ID-Tech
the opportunity to object to the disclosure.
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4. Content Submitted to ID-Tech |
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ID-Tech does not claim ownership of the Content
You place on the Website and shall have no
obligation of any kind with respect to such
Content. Unless otherwise stated herein, or
in ID-Tech's Online Privacy Policy, any Content
You provide in connection with this Website shall
be deemed to be provided on a non-confidential
basis. ID-Tech shall be free to use or
disseminate such Content on an unrestricted basis
for any purpose, and You grant ID-Tech and all
other users of the Website an irrevocable,
worldwide, royalty-free, nonexclusive license to
use, reproduce, modify, distribute, transmit,
display, perform, adapt, resell and publish such
Content (including in digital form). You
represent and warrant that you have proper
authorization for the worldwide transfer and
processing among ID-Tech, its affiliates, and
third-party providers of any information that You
may provide on the Website.
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ID-Tech does not routinely monitor Content, but
ID-Tech and its designees reserve the right to
monitor, restrict access to, edit or remove any
Content that is available via the Website.
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5. Delivery of Email |
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ID-Tech will attempt to deliver all of the email
that is addressed to Your email address on
ID-Tech's Website. However, the nature of
email is such that ID-Tech cannot guarantee
delivery of such email.
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6. Indemnity |
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You agree to indemnify and hold ID-Tech and its
subsidiaries, affiliates, shareholders, officers,
directors, agents, licensors, suppliers, alliance
members, other partners, employees and
representatives harmless from any claim or demand,
including reasonable attorneys' fees, made by any
third party due to or arising out of Your Content,
Your use of or connection to the Website
(including any use by You on behalf of Your
employer), Your violation of the Terms, or Your
violation of any rights of another.
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7. Notices, Modification and Termination of
Services, Amendment of Terms |
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ID-Tech may provide notice to You via email,
regular mail, or posting notices or links to
notices on the Website. ID-Tech reserves the
right at any time to modify, suspend or terminate
the Services (or any part thereof), and/or Your
use of or access to them, with or without notice.
ID-Tech may also delete, or bar access to or use
of, all related Information and files.
ID-Tech will not be liable to You or any
third-party for any modification, suspension, or
termination of the Services, or loss of related
information. ID-Tech may amend these Terms
at any time by posting the amended terms on this
Website.
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8. Advertisements and Promotions |
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ID-Tech runs advertisements and promotions from
third parties on the Website. Your
correspondence or business dealings with, or
participation in promotions of, advertisers other
than ID-Tech found on or through the Website,
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 such
advertiser. ID-Tech is not 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 non-ID-Tech
advertisers on the Website.
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9. Content Provided Via Links |
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You may find links to other Internet sites or
resources on the Website. You acknowledge
and agree that ID-Tech is not responsible for the
availability of such external sites or resources,
and does not endorse and is not responsible or
liable for any content, advertising, products, or
other materials on or available from such sites or
resources. ID-Tech will not be responsible
or liable, directly or indirectly, for any actual
or alleged damage or loss caused by or in
connection with use of or reliance on any such
content, goods or services available on or through
any such site or resource.
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10. Intellectual Property Rights |
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Except as expressly authorized by ID-Tech or by
Content providers, You agree not to reproduce,
modify, rent, lease, loan, sell, distribute,
mirror, frame, republish, download, transmit, or
create derivative works of the Content of others,
in whole or in part, by any means. You must
not modify, decompile, or reverse engineer any
software ID-Tech discloses to You, and You must
not remove or modify any copyright or trademark
notice, or other notice of ownership.
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"ID-Tech Trademarks" means all names, marks,
brands, logos, designs, trade dress, slogans and
other designations ID-Tech uses in connection with
its products and services. You may not
remove or alter any ID-Tech Trademarks, or
co-brand your own products or material with
ID-Tech Trademarks, without ID-Tech's prior
written consent. You acknowledge ID-Tech's
rights in ID-Tech Trademarks and agree that any
use of ID-Tech Trademarks by You shall inure to
ID-Tech's sole benefit. You agree not to
incorporate any ID-Tech Trademarks into Your
trademarks, service marks, company names, Internet
addresses, domain names, or any other similar
designations, for use on or in connection with
computer or Internet-related products, services or
technologies.
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ID-Tech is committed to respecting others'
intellectual property rights, and we ask our users
to do the same. If You believe that Your
work has been copied in a way that constitutes
copyright infringement on our Website, please
contact us at
info@idtech.com.hk.
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Unless explicitly stated herein, nothing in these
Terms shall be construed as conferring any license
to intellectual property rights, whether by
estoppels, implication, or otherwise.
Permission is granted to display, copy, distribute
and download Content owned by ID-Tech on this
Website provided that: (a) the copyright notice
pertaining to the Content remains, and a
permission notice (e.g., "Used with permission")
is added to such Content; (b) the use of such
Content is solely for personal and non-commercial
use; (c) such Content will not be copied or posted
on any networked computer or published in any
medium, except as explicitly permitted by valid
permission or license covering such materials; and
(d) no modifications are made to such Content.
This permission terminates automatically without
notice if You breach any of the terms or
conditions in this Section 10 Upon termination,
You must immediately destroy any downloaded and/or
printed Content.
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11. Disclaimer of Warranties |
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Your use of the Website is at Your sole risk
unless otherwise explicitly stated. The
Website, including the Information, services and
Content is provided on an "as is" "as available"
and "with all faults" basis. ID-Tech
disclaims all express or implied conditions,
representations, and warranties of any kind,
including any particular purpose, or
non-infringement. ID-Tech makes no
representations, warranties, conditions or
guarantees as to the usefulness quality,
suitability, truth, accuracy or completeness of
the Website.
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ID-Tech makes no warranty or representation that:
(a) the Website will be uninterrupted, timely,
secure, or error-free; (b) the results that may be
obtained from the use of the Website will be
accurate or reliable; (c) the quality of any
products, services, Content, Information, or other
material purchased or obtained from the Website
will meet Your expectations or requirements; or
(d) any errors in the Website will be corrected.
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You assume all risk for any damage to Your
computer system or loss of data that results from
obtaining any Content from the Website, including
any damages resulting from computer viruses.
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12. Limitation of Liability |
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To the full extent permitted by law, ID-Tech is
not liable for any direct, indirect, punitive,
special, incidental, consequential, or exemplary
damages (including, without limitation, loss of
businesses, revenue, profits, goodwill, use, data,
electronically transmitted orders, or other
economic advantage) arising out of or in
connection with the Website, even if ID-Tech has
previously been advised of, or reasonably could
have foreseen, the possibility of such damages,
however they arise, whether in breach of contract
or in tort (including negligence), including
without limitation damages due to: (a) the use of
or the inability to use the Website; (b) the cost
of procurement of substitute goods and services
resulting from any goods, data, Information or
services purchased or obtained, or messages
received or transactions entered into, through or
from the Website; (c) statements or conduct of any
third party on the Website, including without
limitation unauthorized access to or alteration of
transmissions or data, malicious or criminal
behavior, or false or fraudulent transactions; or
(d) Content or Information You may download, use,
modify or distribute.
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To the extent that any jurisdiction does not allow
the exclusion or limitation of direct, incidental
or consequential damages, portions of the above
limitation or exclusion may not apply.
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13. ID-Tech's Privacy Policy |
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You consent to the collection, processing and
storage by ID-Tech of Your personal information in
accordance with the terms of ID-Tech's Online
Privacy Policy, which is available at
http://www.idtech.com.hk/privacy.htm.
You agree to comply with all applicable laws and
regulations, and the terms of ID-Tech's Online
Privacy Policy, with respect to any access, use
and/or submission by You of any personal
information in connection with this Website.
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14. General Terms |
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The Terms constitute the entire agreement between
You and ID-Tech relating to their subject matter,
and cancel and supersede any prior versions of the
Terms. No modification to the Terms will be
binding, unless in writing and signed by an
authorized ID-Tech representative. You must
not assign or otherwise transfer the Terms or any
right granted hereunder. You also may be
subject to additional terms and conditions that
may apply when You use ID-Tech or third-party
products or services.
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You agree that any material breach of Section 2,
3, 4, 6, and 10 of the Terms will result in
irreparable harm to ID-Tech for which damages
would be an inadequate remedy and, therefore, in
addition to its rights and remedies otherwise
available at law, ID-Tech will be entitled to
equitable relief, including both a preliminary and
permanent injunction, if such a breach occurs.
You waive any requirement for the posting of a
bond or other security if ID-Tech seeks such an
injunction.
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You and ID-Tech agree to submit to the personal
and exclusive jurisdiction of the courts located
with the country of Hong Kong, the People's
Republic of China.
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Services, Content, and product derived or obtained
from this Website may be subject to the Hong Kong
export laws and the export or import laws of other
countries. You agree to comply strictly with
all such laws and, in particular, shall: (a)
obtain any export, re-export, or import
authorizations required by Hong Kong or your local
laws; (b) not use Services, Content, or direct
product from this Website to design, develop or
produce missile, chemical/biological, or nuclear
weaponry; and (c) not provide Services, Content,
or direct product from this Website to prohibited
countries and entities identified in the Hong Kong
export regulations.
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Rights and obligations under the Terms which by
their nature should survive will remain in full
effect after termination or expiration of the
Terms.
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Any express waiver or failure to exercise promptly
any right under the Terms will not create a
continuing waiver or any expectation of
non-enforcement. If any provision of the
Terms is held invalid by any law or regulation of
any government, or by any court or arbitrator, the
parties agree that such provision will be replaced
with a new provision that accomplishes the
original business purpose, and the other
provisions of the Terms will remain in full force
and effect.
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Version 1.1
14 November, 2006
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