| Terms and Conditions
Please read through these Terms and Conditions carefully as they
apply to your uses to this Internet Site (the "Site").
The Site is operated by Asian Information Resources Limited ("AIR")
which provides information service to its users. By registering
as a user and/or accessing any information, communications, scripting,
photos, text, graphics, sounds, images or other materials (the "Information")
found in or obtained via the Site, you are deemed to have read through,
and to have agreed to be bound by, the terms and conditions ("Terms
and Conditions") set out below. If you have entered into
a separate written agreement with AIR governing your access to and
use of the Site and/or Information, the terms of such written agreement,
in case of inconsistency with the Terms and Conditions, shall prevail.
You represent you have the legal authority to accept the Terms
and Conditions on behalf of yourself or any party you represent.
If you are under 18, you may use the Site only with involvment of
a parent or guardian. AIR will not accept any order form a person
under 18 years of age. AIR and its affiliates reserve the right
to refuse to provide any service, terminate accounts or cancel orders
in its sole discretion. If any provision of the Terms and Conditions
is held to be invalid by any law, rule, order or regulation of any
government or by the final determination of the court, such invalidity
shall not affect the enforceability of any other provisions of the
Terms and Conditions. You acknowledge that AIR may impose limits
on certain features and services or restrict or terminate your access
to parts or the entire Site without notice or liability.
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| 1.
License. Restrictions on use |
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1.1 |
You are granted a revocable, non-exclusive, non-transferable,
non-sublicensable, limited licence to access and use the Information
in whole or in part from time to time available to you. No resale,
reissue, loan, transfer, publication or other form of exploitation
of the Information is allowed whether or not for monetary reward.
This permission terminates automatically if you breach any of the
Terms and Conditions.
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1.2 |
You may display the Information on the screen of a terminal. You
may print or download reasonable portion of the Information for
carrying out your own business management or decision making purposes.
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1.3 |
To the extent permitted by applicable copyright
law, you may, on an occasional and irregular basis, make copies of
the printout of the Information to a limited number of individuals
within your company provided always that copyright notices of AIR
and/or its affiliates and/or its suppliers and original source attribution
whenever providing any copies of the printout to any such person must
be included. |
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1.4 |
Except as specifically provided in this clause
1, you are prohibited from downloading, storing, reproducing, transmitting,
displaying, copying, distributing, modifying, altering, abridging
or using or otherwise exploiting any of Information retrieved from
the Site. |
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1.5 |
This revocable, non-exclusive, non-transferable,
non-sublicensable, limited license is for single user. Except as expressly
permitted in this clause 1, you may not, directly or indirectly, allow
any other person to use or share your user name or password, or to
have access to the Information. Any breach of this restriction may
result in immediate termination of your access to the Site and/or
Information and/or liability for damages. |
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1.6 |
Except as expressly permitted in this clause
1, you may not (i) reproduce or store in or transmit to any other
web site, newsgroup, mailing list, electronic bulletin board, local
area or wide area network or regularly or systematically store in
electronic or print form, all or any part of the Information or (ii)
modify, publish, transmit, participate in the transfer or sale of,
reproduce, create derivative works from, distribute, perform, display,
or in any way exploit all or any part of the Information (including
use as part of any library, archive or similar service) without the
prior written consent of AIR. |
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1.7 |
Any use of the Information not specifically
permitted by this clause 1 is expressly prohibited. You shall use
all best endeavor to protect the Information from any use that is
not permitted under the Terms and Conditions and shall notify AIR
immediately in writing of any such use of which you become aware.
Requests for permission for other uses may be sent to Chief Development
Officer of Asian Information Resources Limited by ordinary pre-paid
post, by e-mail
or by facsimile as set out in clause 10.5 of these Terms and Conditions
and may be subject to a fee. |
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| 2.
Registration |
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2.1 |
You may be required to register with AIR and/or the Site in order
to access certain parts of the Site ("Sub-Site"). Where
you are required to register:
- you must provide AIR and/or the Site with accurate, complete
and updated registration information (including your email address)
and inform AIR of any changes to such information from time to
time;
- you must safeguard any user name log-in password, I.D. which
we provide to you, and immediately notify AIR if you become aware
of any loss or theft of any log-in password or I.D.; and
- you authorise us to assume that any person using the Site with
your user name and password is either you or is authorised to
act for you.
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2.2 |
You acknowledge that your use of Sub-Site may be governed by additional
terms and conditions. Where this is the case, you will be notified
accordingly, and those additional terms and conditions:
- will apply to your use of such Sub-Site in addition to these
terms and conditions; and
- will prevail over these terms and conditions to the extent of
any inconsistenc
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| 3.
Services |
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3.1 |
You acknowledge that AIR may, in our sole discretion and with or
without notice,
- ary the Site or any part of the Site (including any Sub-Site
for which you are required to register); and
- modify or discontinue this Site, any part of the Site and the
services available on it without notice
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| 4.
Intellectual Property Protection |
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4.1 |
The contents of the Site, including but not limited
to the Information, are protected by copyrights under the copyright
laws of Hong Kong Special Administrative Region of the People's Republic
of China ("Hong Kong") and other countries. All rights,
title and interest (including all copyrights and other intellectual
property rights) of the Information, the Site and all materials found
in or distributed in conjunction with the Information and the Site,
including documentation (in both print and machine-readable forms)
belong to AIR, or its affiliates or its third party Information suppliers.
You acquire no proprietary interest in or to the Site, the Information
or copies thereof by access to the Site or otherwise. |
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4.2 |
You may not use or reproduce or allow anyone
to use or reproduce any trademarks (such as "AIR" and "Asian
Information Resources Limited") or other trade names appearing
on the Site or in the Information for any reason without prior written
permission from AIR. The database and software contained in or used
by the Site constitute valuable intellectual property rights of AIR
and/or its third-party suppliers. You specifically agree as a pre-condition
to accessing and using the Site and/or the Information to protect
the copyrights and all other proprietary rights of AIR and/or its
suppliers in the database and software. The software through which
the Site is operated is a proprietary software and you may not use
it except as expressly allowed under the Terms and Conditions. You
must not copy, reverse engineer, modify, alter or otherwise deal with
the software. |
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4.3 |
Except as specifically provided herein, you must
not use the Site or Information in any fashion that infringes or may
infringe the copyrights or proprietary interest therein. |
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4.4 |
You must not remove or obscure the copyrights
notice or other notice contained in the Information retrieved from
the Site. |
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4.5 |
Other provisions that govern your use of the
Site and Information are set forth in online descriptions of files,
online notices following file selection, and individual documents
retrieved from the Site (collectively, the "Additional Terms"),
all of which are incorporated by reference into the Terms and Conditions. |
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Fee and Payment |
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5.1 |
Access to the Information may be subject to the payment of a fee.
All payments (including applicable taxes) must be made in full when
due.
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5.2 |
The Information can be purchased in whole or in part, if applicable,
at the price listed on the Site current at the date of placement
of orders. Alternatively, user may subscribe (the "Subscriber")
for the Information by paying a subscription fee and on such other
terms stipulated in the subscription agreement. Pricing plans for
the services are customized to accommodate the needs of each user.
Due to this customization, exact pricing plan information is not
available on the Site.
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5.3 |
All new scale of charges and revised payment terms, if any, will
be posted in the Site. You shall pay all applicable taxes relating
to use of the Site and/or Information through your user account.
All charges incurred in connection with your user account will be
billed to the credit card you designate.
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5.4 |
If your use of the Site is terminated by AIR, you will be entitled
to receive a refund of any charges or pre-payments that remain unused
at the time of termination unless such use is terminated because
you are in breach of any provision of the Terms and Conditions.
You will continue to be responsible for any fees or other charges
incurred by you prior to such termination.
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Terms and Termination |
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6.1 |
AIR may, in its sole discretion, terminate or
suspend your access to all or part of the Site with or without cause
by delivering notice to you. |
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6.2 |
Where you are required to register with the Site,
you may cancel such registration by providing written notice no later
than 60 days prior to cancellation. |
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6.3 |
Without prejudice to the generality of the aforesaid,
if you fail to comply with any of your obligations hereunder, AIR
may suspend or discontinue providing your access to the Site and the
Information without notice to you and pursue any other remedy legally
available to it. The rights of termination are in addition to all
other rights or remedies of AIR provided in this Agreement or by law.
In the event this Agreement is terminated, your right to access and
use the Information will cease immediately. |
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| 7.
The Use of the Site Is At Your Risk |
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7.1 |
You use the Site at your risk. You must evaluate,
and bear all risks associated with, the use of any Information, including
reliance on the accuracy, completeness or usefulness of any Information.
In particular, where Information relating to companies, law, investments
or securities is provided on or via the Site, such information is
provided for information purposes only. You should seek your own independent
advice with respect to any Information. |
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7.2 |
AIR endeavour to provide a convenient and functional
Site, but AIR exercise no editorial control over much of the Information
on the Site and in many cases other persons provide the Information
on the Site or operate parts of the Site or other Internet sites you
may view or access through the Site (Third Party Providers). AIR do
not guarantee that the Information will be error free or that the
Site or the server that operates it are free of viruses or other harmful
components. |
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7.3 |
If your use of the Site results in the need for
servicing or replacing property, material, equipment or data, AIR
will not be responsible for such costs. |
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7.4 |
Without limiting the above provisions, everything
on the Site is provided to you "as is" and "as available"
without warranty or condition of any kind, either expressed or implied,
including, but not limited to, any implied warranties of merchantability,
fitness for a particular purpose, or non-infringement. AIR exclude
all representations and warranties to the fullest extent permissible
under any Applicable Law. |
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7.5 |
If a jurisdiction does not allow the exclusion
of implied warranties in accordance with clause 7.4 but allows limitations
of a certain maximum extent then AIR limit our warranties to that
extent. |
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Changes to these Terms and Conditions |
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8.1 |
By accessing this Site and using the facilities and/or services
offered through this Site, you agree that Hong Kong law shall govern
such access and the provision of such facilities and/or services
and you agree to submit to the exclusive jurisdiction of the Hong
Kong courts. AIR may update revise or withdraw the Information,
in whole or in part, at any time without notice. AIR may at any
time revise these Terms and Conditions by updating this posting.
The scale of charge and payment terms may be revised or changed
from time to time in accordance with the applicable price schedule.
AIR will notify you by e-mail or by publishing details of such changes
on the Site. By using the Site, you agree to be bound by any such
revisions and you agree to periodically visit this page to determine
the then current Terms and Conditions or the scale of charge (as
the case may be) to which you are bound.
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| 9.
Third Party Providers |
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9.1 |
You acknowledge that:
- parts of the Site; and
- parts of the Information, are provided or maintained by Third
Party Providers and not by AIR.
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9.2 |
Your correspondence or dealings with any Third Party Provider are
solely between you and that Third Party Provider, and you agree
that AIR will not be liable or responsible for any loss or damage
of any sort incurred as the result of such dealings.
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| 10.
Links to Third Party Web Sites |
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10.1 |
AIR makes no representation whatsoever about
any other web sites which you may access through the Site. When you
access a non-AIR web site, please understand that it is independent
from AIR, and that AIR has no control over the content on that web
site. In addition, a link to a non-AIR web site does not mean that
AIR endorses or accepts any responsibility for the content, or the
use, of such web site. It is up to you to take precautions to ensure
that whatever you select for your use is free of such items as viruses,
worms, trojan horses and other items of a destructive nature. AIR
makes no representation or warranty as to any third party products. |
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No Warranty, Disclaimer of Liability and Indemnity |
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11.1 |
Whilst every effort has been made to ensure
the high quality and accuracy of the Information, AIR makes no warranty,
express or implied concerning the use, validity, accuracy or reliability
of, or the results of the use of, or otherwise respecting the Information,
the Site, the software or products or services available through the
Site, which are provided "as is" and "as available".
To the fullest extent permissible under applicable law, AIR expressly
disclaims all warranties expressed or implied, including but not limited
to warranties of fitness for a particular purpose and warranties of
merchantability. You expressly agree that your access to the Site
or use of the Information is at your sole risk. AIR does not warrant
that the Site, its servers, or e-mail sent from AIR are free of viruses
or other harmful components. AIR will not be liable for any damages
of any kind arising from the access of the Site or use of the Information,
including, but not limited to direct, indirect, incidental, punitive,
and consequential damages. |
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11.2 |
If a jurisdiction does not allow the exclusion
or limitation of liability in accordance with this clause, but allows
a limitation of a certain maximum extent then our liability is limited
to that extent. |
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11.3 |
To the fullest extent permissible under applicable
law, a Covered Party (as defined below) shall not be liable for any
loss, injury, claim, liability, or damage direct, special, incidental,
or consequential (including, without limitation, damages for loss
of business profits, business interruption, loss of business information
or other pecuniary loss) of any kind resulting in any way from (a)
any errors inaccuracy, misrepresentation or omissions in or from the
Site or the Information, (b) the unavailability or interruption of
the Site or any features thereof or any Information, (c) the use of
(or failure to use) or reliance on the Site or Information (regardless
of whether you received any assistance from a Covered Party in using
the Site), (d) your use of any equipment, software, products or services
in connection with the Site, (e) the content of Information, or (f)
any delay or failure in performance beyond the reasonable control
of a Covered Party. |
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11.4 |
"Covered Party" means (a)
AIR, the provider of the Site and/or Information and its affiliates,
and their respective officer, director, employee, subcontractor, agent,
successor, or assign or its affiliates; and (b) each third party Information
supplier and its affiliates, and their respective officer, director,
employee, subcontractor, agent, successor, or assign. |
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11.5 |
In no event shall any liability of AIR, its
affiliates, agents and licensors, if any, arising out of any kind
of legal claim (whether in contract, tort, or otherwise) in any way
connected with the Terms and Conditions, the Site or the Information
exceed the amount paid to AIR. Your right to monetary damages if awarded
shall be exhaustive and in lieu of all other remedies which you may
have against the Covered Party, if any under this agreement or otherwise
in respect of the particular Information to which the claim relates. |
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11.6 |
You agree to defend, indemnify and hold harmless
AIR from any claims and expenses, including legal fees on a full indemnity
basis, related to any breach of any of the provision of the Terms
and Conditions by you or any breach of any of the provision of the
Terms and Conditions by your use of the Site or the Information. |
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| 12.
Force Majeure |
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12.1 |
AIR, its affiliates and other providers of the
Information will not be liable or deemed to be in default for any
delay or failure in performance or interruption of the delivery of
Information resulting directly or indirectly from any cause or circumstance
beyond its or their reasonable control, including but not limited
to failure of electronic or mechanical equipment or communication
lines, telephone or other interconnect problems, computer viruses,
unauthorized access, theft, operator errors, severe weather, earthquakes,
or natural disasters, strikes or other labor problems, wars, or governmental
restrictions. |
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| 13.
Miscellaneous |
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13.1 |
You shall be responsible for the proper payment
of all taxes that may be levied or assessed based on your use of the
Information, the Site, or on any payments by you to AIR hereunder,
other than AIR's income taxes. |
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13.2 |
The Site may contain advertising or other third
party content. Advertisers and AIR's content providers are responsible
for ensuring that materials submitted for inclusion on the Site complies
with applicable law. AIR shall in no event be held responsible for
any error, omission or inaccuracy in such materials. |
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13.3 |
The information that you provide about yourself
to AIR will only be used in accordance with Privacy Policy of the
Site. |
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13.4 |
No delay or omission on the part of either party
in requiring performance by the other party of its obligations will
operate as a waiver of any right. |
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13.5 |
Notices to AIR shall be given in writing by letter and sent to
AIR's head office in Hong Kong for the attention of Chief Development
Officer, Asian Information Resources Limited at its address set
out below. Notices to you may be given in writing by letter or by
email at your address provided by you on registration or such other
address you subsequently notify to AIR in writing. Letters with
postage prepaid will be deemed received on the date of dispatch
if sent by fax (or on the following business day, if faxed after
the recipient's normal business hours) or on the expiry of 4 business
days from the date of posting if sent by overnight post. Emails
sent by AIR will be deemed received 3 hours from the time they are
posted (or on the next business day, if sent after the recipient's
normal business
To AIR |
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Suite 3001, 30/F, Citicorp Centre,
18 Whitfield Road,
Hong Kong
Tel : ( 852 ) 3181 1688
Fax : ( 852 ) 3181 1698
E-mail: info@chinareferenceofchina.com
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Copyright © 2000 Asian Information Resources Limited All Rights Reserved.