Terms of Use

Terms of Use

 

“China” refers to the Chinese mainland
“Content” any information, materials, documents, text, images, video clips, directories, files, databases, listings, service, and/or mechanisms provided, produced, hosted by, linked to or accessed through use and/or provision of Flink Communications Limited (FLINK)
“Information” information, data, content, analysis, news, reports, programmes, photographs, pictures, graphics, video, audio, software and other materials and services, communications, transmissions and other items, tangible or intangible
“personal data” personally identifying information or sensitive data (including but not limited to names, ages, addresses, occupations, contacts, other personal details and credit card information)
“FLINK”, “we”, “our” or “us” Flink Communications Limited
“FLINK Subsidiaries”, “Our Subsidiaries” FLINK’s agents, and their respective agents, officers, affiliates and employees
“Terms of Use” the terms of use set forth below as amended from time to time
“Third Party Provider” any provider of Information or services (including third party payment processors) on the Website other than FLINK
“users”, “you” or “your” any person who accesses the Website
“Website” www.flinkcomm.com, including the services offered therein, and any other website(s) from time to time hosted or linked up by FLINK

 

 

PLEASE READ THE TERMS OF USE SET FORTH BELOW, AS THEY APPLY TO YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS OF USE AND AGREEMENT TO BE BOUND BY THEM AND ANY AND ALL OTHER APPLICABLE TERMS REFERENCED HEREIN ABSOLUTELY.
1. Changes to Website and any functions therein

We may, in our sole discretion and at any time, without notice to you, add, amend, update or remove any Information from the Website (including but not limited to any product pricing or delivery information), or alter the presentation, substance, or functionality of the Website.

 

We may also, in our sole discretion and at any time, without prior notice to you, disable, suspend or terminate all or any function in the Website, including but not limited to functions relating to trading and the placement of orders via the Website.

 

2. Change of Terms

We may amend the Terms of Use from time to time in our sole discretion without notice or liability to you. By continuing to use the Website following such amendments to the Terms of Use, you agree to be bound by such amendments.

 

3. User’s Conduct

As a condition of your use of the Website, you must not:

  1. trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas for which you have not been authorised by us;
  2. restrict or inhibit any other user from using and enjoying the Website;
  3. post, publish, transmit, reproduce, distribute, exploit or use in any way any Information obtained through the Website for or in connection with the following purposes:
(i) conducting any direct marketing activities and/or disseminating or circulating any part of the content of any unsolicited publicity or advertising materials;
(ii) advertising and/or promoting any goods and services;
(iii) sale or exchange of any part of the Information obtained through the Website for any benefits, gain, profit or rewards; or
(iv) any other commercial purposes; and/or
  1. upload, post, publish, transmit, reproduce, or distribute in any way, Information obtained through the Website which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without the prior written permission of the copyright owner or rightholder.

You have no rights in or to the Information available from time to time on the Website and you will not use the Information available from time to time on the Website in any manner or for any purpose, except as permitted under these Terms of Use.

 

4. Access

We reserve the right at all times to prohibit or deny your access to the Website or any part thereof immediately and without notice, where we are of the opinion that you have breached any of the terms contained in the Terms of Use or that such prohibition or denial is appropriate, desirable or necessary in our sole discretion.

 

Whilst we implement appropriate security measures to control access to the Website (please see our Privacy Policy Statement for further details), you must keep your log-in details (if any) confidential and ensure that only you or your authorized employees access the services for proper purposes.  You agree that all uses of the Website (including but not limited to any submission of order requests through the Website) shall be deemed and treated as properly authorised by the relevant account holder and the account holder shall be bound by all such actions.

 

5. Information and Third Party Information

The Website may contain Information provided by Third Party Providers or sourced by FLINK from other references or sources (“Third Party Information”) and such Third Party Information are for your general reference only. The Third Party Information on the Website may not be regarded as any recommendation or endorsement by FLINK for any purpose with respect to any person, product or service and FLINK makes no representations or warranties of any kind in respect of such Third Party Information and disclaims all such representations and warranties.

FLINK is not responsible if any such Third Party Information is not accurate or up-to-date; FLINK is under no duty to monitor or verify such Third Party Information. FLINK makes no representations or warranties and does not in any way endorse or guarantee the reliability, accuracy, completeness, non-infringement, security of all such Third Party Information.  Accordingly we do not accept any responsibility whatsoever in respect of such Third Party Information and shall not be responsible or liable for any direct or indirect loss and damage whatsoever and howsoever arising or resulting from your reliance on the Third Party Information. Any use of and reliance on such Third Party Information is at your own risk.

6. Links to and from the Website

The links on the Website may take you to other websites and you acknowledge and agree that FLINK and the FLINK Subsidiaries have no responsibility for the accuracy or availability of any Information provided by linked websites.   FLINK does not guarantee or warrant that such websites or the Information contained therein or available through links in such websites do not contain any destructive features or viruses, programmes or otherwise.

Links to other websites do not constitute an endorsement by FLINK of such websites or the Information, products, advertising or other materials available on those websites.

8. Intellectual Property Rights

All intellectual property rights subsisting in respect of the Website belong to FLINK or have been lawfully licensed to FLINK for use on the Website. All rights under applicable laws are hereby reserved. Except with the express permission of FLINK, you are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component or content of the Website itself or create derivative works with respect thereto, as the Website is copyrighted under applicable laws.

 

9. Limited Liability and Warranty

All Information available from time to time on the Website is for your general reference and use only. FLINK does not accept any responsibility whatsoever in respect of such Information.

 

YOUR ACCESS TO AND USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED “AS IS,” “AS AVAILABLE.” THE WEBSITE IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

 

OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE WEBSITE OR OTHERWISE, IS REPLACEMENT OF GOODS OR RE-PERFORMANCE OF DEFECTIVE SERVICES. 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 OFFERED THROUGH US OR OUR WEBSITE. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

 

Neither FLINK nor any of the FLINK Subsidiaries shall guarantee or assume any responsibility that:

  1. the Information on the Website is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
  2. the Information on the Website is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
  3. messages sent through the internet including in connection with the services available on the Website will be free from interception, corruption, error, delay or loss;
  4. access to the Website will be available or be uninterrupted;
  5. use of the Website will achieve any particular result; or
  6. defects in the Website will be corrected.

Without limiting the generality of the foregoing, in no event will the FLINK and/or the FLINK Subsidiaries be 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 available on the Website, even if FLINK and/or the FLINK Subsidiaries have been advised of the possibility of such loss or damages.

In addition, FLINK and/or the FLINK Subsidiaries accept no responsibility for or liability in respect of Information or services provided by Third Party Providers, nor does it endorse such Third Party Providers. You acknowledge and accept that any dispute in relation to such Information or services is unrelated to FLINK and/or the FLINK Subsidiaries and is solely a matter between you and such Third Party Provider.

You will exercise and rely solely on your own skill and judgment in your use and interpretation of the Information available on the Website. You are responsible to ensure that your use of the Information obtained through the Website in any way for any purpose whatsoever complies with all applicable legal requirements, including without limitation, the data protection law applicable to you.

The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.

 

10. Privacy Policy

For information about our privacy policies and practices, please refer to our Privacy Policy Statement . You agree to the use and disclosure of your information in the manner set out in our Privacy Policy Statement (as updated from time to time).

For information on our use of cookies, please also refer to our Privacy Policy Statement .

 

11. Partial Invalidity

The illegality, invalidity or unenforceability of any provision of these Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

13. Miscellaneous

No waiver of any breach under these Terms of Use will amount to a waiver of any other breach. The headings in these Terms of Use are for convenience only and do not affect interpretation.

 

14. Termination

We may, in our sole discretion and at any time, without prior notice to you and without cause, terminate all or any part of our Website to you and consequentially prohibit your right to access to the  Website and remove any information and data linked to your profile or registered account.

 

15. Governing Law and Jurisdiction

These Terms of Use shall be governed by the law of the Hong Kong Special Administrative Region. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.

 

16. Chinese Version

If there is any conflict or difference between the Chinese version of the Terms of Use and its English version, the English version prevails. If any part of the Chinese version is unclear, reference should be made to the English version.