Before using this website, please read
the terms and conditions set forth below as they apply to your use of this
website. By using and continuing access to this website, you shall conclusively
be deemed to have accepted the terms and conditions of use set forth below.
1. Definitions
In these Terms and
Conditions, the following words and expressions shall have the following
meanings: - "Information" means information, data, text, content,
analysis, news, reports, programmes, photographs, pictures, graphics,
video, audio, software and other materials, communications, transmissions
and other items, tangible or intangible; "Services" means services
as may be offered from time to time on this website; "Terms and
Conditions" means the terms and conditions set out below as amended
from time to time; "we", "our" or "us" means the
mformembership.
2. Changes To Website
We may, in our sole discretion and at
any time, without notice to you, add to, amend or remove any information from
this website, or alter the presentation, substance, or functionality of this
website.
3. Changes of Terms
We may amend, add or delete any
provision of the Terms and Conditions from time to time in our sole discretion
and such amendment, addition or deletion shall be effective immediately upon
either posting the modified Terms and Conditions or notifying you. You agree to
review these Terms and Conditions periodically to ensure that you are aware of
any modifications. Your continued access of and use of the information of this
website and services following such amendments to the Terms and Conditions,
shall conclusively be deemed to be your acceptance of the modified Terms and
Conditions.
4. User's Conduct
As a condition of your access or use of
this website, you must not:
a. Trespass, break into,
access, use or attempt to trespass, break into, access or use any parts of our
servers, and/or any data areas for which you have not been authorised by us; or
b. Restrict or inhibit any
other user from using and enjoying the website; or
c. Post or transmit any
unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane,
threatening, abusive, harmful, hateful, offensive, or otherwise objectionable
or unreasonable information of any kind, including without limitation any
transmissions constituting or encouraging conduct that may constitute a
criminal offence, give rise to civil liability, or otherwise violate any local,
state, national or foreign law; or
d. Post or transmit any
advertisements, solicitations, chain letters, pyramid schemes, junk email,
investment opportunities or schemes or any other unsolicited communications or
messages (commercial or otherwise), or engage in spamming or flooding; or
e. Post or transmit any
information or software which contains any virus, trojan horse, worm or other
harmful component or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of this website or any computer
software or hardware; or
f. Post, publish, transmit,
reproduce, distribute or in any way exploit any information obtained through
this website for commercial purposes; or
g. Upload, post, publish,
transmit, reproduce, or distribute in any way, information obtained through
this website which is protected by copyright, or other proprietary rights, or
create derivative works with respect thereto, without the prior written
permission of the copyright owner or rightsholder or otherwise infringe any
patent, trademark, trade secret or other intellectual property rights or other
rights of third parties; or
h. Stalk or otherwise harass
or violate the legal rights of others; or
i. Collect or store personal
data about other users.
You have no rights in or to the
information available on this website and you will not use the information
available on this website in any manner or for any purpose, except as permitted
by laws or under these Terms and Conditions.
5. Prohibition of Access
We reserve the rights at all times to
prohibit, deny or suspend your access to this website or any part thereof
immediately and without notice, where we consider it unacceptable or we are of
the opinion that you have breached any of the terms contained in the Terms and
Conditions or that such prohibition or denial is appropriate, desirable or
necessary in our sole discretion. For the avoidance of doubt, Clauses 4, 7, 8
and 12 shall remain valid and subsisting notwithstanding that your access to
this website or any part thereof is prohibited, denied or suspended.
6. Links to and from the Website
The links on this website may take you
to other sites that are not under our control. Links to other websites do not
constitute an endorsement by us of such websites or the information, products,
advertisments or other materials available on those websites. You acknowledge
and agree that we have no responsibility for the content, accuracy or
availability of any information provided by linked websites or liable for any
loss or damage caused by, arising out of or in connection with use of or
reliance on any information, materials, goods or services available on or
through any such websites.
7. Indemnity
You agree to defend, indemnify and hold
us, our subsidiaries, affiliates and their respective directors, officers,
employees and agents harmless from and against all liabilities, damages,
claims, actions, costs and expenses (including without limitation legal fees),
in connection with or arising from your breach of any of these Terms and
Conditions and/or your use of this website. We may, if necessary, participate
in the defence of any claim or action and any negotiations for settlement in
respect of the aforesaid matters. No settlement which may adversely affect our
rights or obligations shall be made without our prior written approval. We
reserve the rights to assume defence and control of any claim or action
exclusively.
8. Limited Liability and Warranty
All information in this website is for
your general reference only. We do not accept any responsibility whatsoever in
respect of such information.
The services and information of this
website are provided on an "as is", "as available" basis without any
representation or warranty of any kind, whether expressed or implied, including
without limitation any warranties of accuracy, completeness, quality,
timeliness, availability, non-infringement of copyright or any other
intellectual property rights or on merchantability or fitness for any
particular purpose of the information contained in this website other than
those warranties which are implied by and incapable of exclusion, restriction
or modification under the laws applicable to the Terms and Conditions. In
particular, we do not warrant that the information contained in this website
will be uninterrupted or error free, that defects will be corrected, or that
this website or the server that makes it available is free of any virus or
other contaminating or destructive components.
In no event shall we be liable for any
direct, indirect, incidental, special, economic or consequential losses or
damages of any kind whatsoever (including without limitation damages for loss
of profits, business interruption, loss of information or data or loss of use
of any equipment or software), howsoever caused, arising out of the use or the
inability to use the information contained in this website or any other matter
related to this website, even if the same is known to us.
You understand and agree that any
information downloaded or otherwise obtained through the use of this website or
the Services is at your own discretion and sole risk and that you will be
solely responsible for any damage to your computer system or loss of data that
results from the download of any such Information.
The limitation of liability contained in
these Terms and Conditions will apply to the fullest extent permitted by
applicable laws. In jurisdictions which do not allow the exclusion or
limitation of certain types of liability, our liability will be limited to the
maximum extent permitted by law.
We do not endorse, warrant or guarantee
any information, material, product or service referred to in the linked
websites. We are not and will not be a party to any transaction between you and
any third party.
9. Privacy Policy
For information about our privacy
policies and practices, please refer to our Privacy Policy. Where personal data is collected in connection
with the services, you should also have reference to the relevant user
agreements linked to the form through which your personal data is collected.
10. Feedback
If you have any question, request or
comment in connection with this website, please send us by e-mail to:
cs@mformembership.com
You acknowledge and agree that we shall
be free to copy, disclose, distribute or otherwise use any material, including
without limitation, any ideas, suggestions, submissions, information or other
communications transmitted or posted to this website by you for any purposes as
we deem fit without liability or compensation to any person or entity.
11. Severability
In the event that any term or provision
of these Terms and Conditions shall be determined by any competent authority to
be invalid, unlawful or unenforceable to any extent, such term or provision
shall to that extent be severed from the remaining terms and provisions which
shall continue to be.
13. Notice
Notices to you may be made via email or
regular mail. We may but not obliged to provide notices of changes to the Terms
and Conditions or other matters by displaying notices or links to you generally
on this website.
14. Governing Law and Jurisdiction
These Terms and Conditions shall be
governed by the law of the Hong Kong Special Administrative Region of the
People's Republic of China ("Hong Kong"). You agree to submit to the
non-exclusive jurisdiction of the Hong Kong courts.
15. Chinese Version
If there is any conflict or discrepancy
between the English version of the Terms and Conditions and its Chinese
translation, the English version prevails. If any part of the Chinese
translation is unclear, reference should be made to the English version. The
Chinese translation shall not be translated into English for the purpose of
comparing with or interpreting the English version.