Terms of Use

Please read this document carefully as it applies to your access and use of the Service as defined below.

1. Introduction

1. Definition

2. Applicable Terms

1. You accept and agree to be bound by this Terms of Use and all other applicable terms referenced herein by accessing to and using of the Service.
2. The Privacy Policy Statement is a part of this Terms of Use, and also applies to your use of the Service.
3. By submitting your data to Armacell, either through the Form or otherwise, you agree that Armacell is entitled to, and limited by the Privacy Policy Statement, collect and use the said data, including the transfer of the data both within and outside of Hong Kong for storage, processing and use by Armacell.
4. Furthermore, you agree that Armacell may:-
1. make any change to this Terms of Use at its absolute discretion without notice or liability to you, and you are bound by such amendments by continuing to use the Service following such amendments;
2. suspend, withdraw, discontinue or change all or any part of the Service from time to time without prior notice;
3. stop providing the Service (or any features within the Service) to you or to users generally, either permanently or temporarily, without prior notice; and d. create limits on use and storage at its absolute discretion at any time and without prior notice.

3. Conditions for use of the Service

This clause is very important and you are strongly suggested to read it carefully since it limits the liability of Armacell. Each of the subclauses below applies up to the maximum extent permitted under the laws of Hong Kong. Nothing in this clause is intended to limit any rights you may have which may not be lawfully limited. All Information is for your general reference only. We do not accept any responsibility whatsoever in respect of such information.

1. The Service is available free of charge upon:-
   1. a permission to you to access the Service on a temporary basis;
   2. a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Armacell as part of the Service for the sole purpose of enabling you to use and enjoy the benefit of the Service as permitted by this Terms of Use;
   3. your access to and use of the Service being at your sole risk and that the Service is provided on an “as is”, “as available” basis; and
   4. the Service being for your personal use only, for which Armacell makes no representation or warranty of any kind, express or implied, including but not limited to any warranties on merchantability or fitness for any particular purpose or non-infringement.

2. Armacell makes no representations, warranties or guarantees:-

    

   1. whether expressly or implied, that the Service or Content is accurate, complete or up-to-date or may be used for any purpose other than for general reference;
   2. that defects in the Services will be corrected;
   3. that the Service and/or the Content are always available or uninterrupted;
   4. that we shall be liable to you if for any reason the Service is unavailable at any time or for any period;
   5. that messages sent through the internet including in connection with the Services will be free from interception, corruption, error, delay or loss;
   6. that the information presented in our Services is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
   7. that the use of the Services will achieve any particular result; and
   8. that we shall, without limiting the generality of the foregoing, be in any event liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business or profit, arising out of any use, or inability to use, the information or the Services, even if Armacell has been advised of the possibility of such loss or damages.

3. You are responsible for:-

    

   1. making all arrangements necessary for you to have access to the Service;
   2. ensuring that all persons using your internet connection to access the Service are aware of this Terms of Use and agreed to by bound by it;
   3. exercising and relying solely on your own skill and judgment in your use and interpretation of the information and use of the Service; and
   4. ensuring that your use of the information and the Service complies with all applicable legal requirements.

4. The entire liability of the Armacell and your exclusive remedy with respect to the Service or otherwise, is re-performance of defective services. Armacell’s liability will be limited to the maximum extent permitted by the laws of Hong Kong. Armacell does not endorse, warrant or guarantee any material, product or service offered though the Service. Armacell is not and will not be a party to any transaction between you and any third party.
5. In no event shall the aggregate liability of the Armacell exceed one thousand Hong Kong Dollars (HK$1,000).
6. Without prejudice to the foregoing, if your use of the Service does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from Armacell, as set out in this Terms of Use or otherwise, you are advised to contact Armacell at info.hongkong(at)armacell.com. No such lack of response shall be deemed to constitute any acquiescence or waiver.
7. The limitation of liability contained in this Terms of Use will apply to the fullest extent permitted by applicable laws of Hong Kong.

4. Intellectual property rights

1. All rights to the Intellectual Property Rights are owned by Armacell and its licensors and are protected by applicable intellectual property laws of Hong Kong, including the copyright laws, trademark laws and other intellectual property laws. All the rights to the Intellectual Property Rights are hereby reserved.
2. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any Content or any component of the Website. No licence to the use of any Content and any brand names or trademarks named on this Website is granted to you. Any such unauthorised actions may result in civil consequences or criminal penalties.
3. You are not allowed to create derivative works with respect thereto unless otherwise regulated by the laws of Hong Kong.
4. You agree that the Feedback is a part of the Intellectual Property Rights, and Armacell are free to use, disclose, adopt and modify the Feedback without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to the Armacell’s use, disclosure, adoption and/or modification of any or all of your Feedback.

5. Use of the Services

1. Armacell reserves the right to access, read, preserve, and disclose any information as it reasonably believes necessary to:-

    

   1. satisfy any laws of Hong Kong and any other applicable law, regulation, legal process or governmental request;
   2. enforce, and investigate any potential violations of this Terms of Use;
   3. respond to user support requests;
   4. detect, prevent, or otherwise address fraud, security or technical issues; or
   5. protect the rights, property or safety of Armacell, its users and the public.

2. You are strongly suggested to use your own virus protection software. Armacell makes no guarantee that the Service will be secure or free from bugs or viruses. You are responsible for configuring the information technology, computer programmes and platform in order to access the Website.
3. You are strictly prohibited from doing the following while accessing or using the Service:-

    

   1. accessing, tampering with, or using non-public areas of the Service, Armacell’s computer systems, or the technical delivery systems of Armacell’s providers;
   2. probing, scanning, or testing the vulnerability of any system or network or breach or circumvent any security or authentication measures;
   3. accessing or searching or attempting to access or search the Services by any means (automated or otherwise) other than through that which is currently available through published interfaces that are provided by us (and only pursuant to those terms and conditions);
   4. scraping the Service without our prior consent, which is expressly prohibited;
   5. forging any TCP/IP packet header or any part of the header information in any email or posting, or in any way using the Service to send altered, deceptive or false source-identifying information; or
   6. interfering with, or disrupting, (or attempting to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.

4. Any such breach will be reported immediately to the relevant law enforcement authorities, upon which your identity will be disclosed. In the event of such a breach, your access to the Services will cease immediately.

6. Linking to us

1. You may link to the Service in a fair and legal manner, which does not damage Armacell’s reputation or take advantage of it.
2. Any establishment of a link in such a way as to suggest any form of association, approval or endorsement on the Armacell where none exists is strictly prohibited.
3. You must not establish a link to the Services in any website that is not owned by you.
4. Armacell reserves the right to withdraw without notice any linking permission.

7. Third party links and resources in our site

1. From time to time, the links from the Services may contain links to and from the websites of Armacell’s partner networks, advertisers, affiliates. Such websites will have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit your personal data to these websites.
2. You acknowledge and agree that Armacell has no responsibility for the accuracy or availability of any information provided by third parties services and websites.
3. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information, the types and extent of which are subject to change. You agree that Armacell and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services however submitted.
4. Links to other websites and services, or the Information, products, advertising or other materials available made available by such third parties, do not in any way constitute an endorsement by us.

8. Indemnity

1. You agree to compensate Armacell fully and hold Armacell harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), arising from any breach of this Terms of Use and/or use of the Website by you.
2. Armacell reserves the right to participate in the defence of any claim or action and any negotiations for settlement. For any settlement which may adversely affect Armacell’s rights or obligations, prior written approval must be obtained. The right, at Armacell’s own expense and on notice to you, to assume exclusive defence and control of any claim or action is fully reserved.

9. Severance

1. The invalidity of any clause of this Terms of Use according to any governing laws shall not affect the validity of any other clauses thereof, or the validity of the said clause according to other governing laws.

10. Waiver

1. In no circumstance shall a failure or delay by a party to exercise any right or remedy provided under this agreement or by law constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
2. In no circumstance shall a single or partial exercise of such right or remedy prevent or restrict the further exercise of that or any other right or remedy.

11. Termination

1. The Terms of Use will continue to apply until terminated by Armacell or you.
2. You may terminate this Terms of Use by discontinuing your use of the Services for any reason and at any time.
3. If any provision of this Terms of Use, whether expressly or by implication, is intended to come into or continue in force on or after the termination, it shall remain in full force and effect.
4. Armacell’s rights under Clause 2.4 of this Terms of Use shall not be affected by anything in this provision.

12. Governing law and jurisdiction

1. This Terms of Use shall be governed by the laws of the Hong Kong Special Administrative Region. You agree to submit to the exclusive jurisdiction of the Hong Kong courts.

13. Third Party Rights

1. No person other than you and us (including our successors if any) will have any right under the Contracts (Rights of Third Parties) Ordinance to enforce or enjoy the benefit of any of the provisions of this Privacy Policy Statement Statement.

This Terms of Use was updated on 15th day of December 2016.