|“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|
|“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)|
|“Services”||online and offline services provided by Fimmick, Fimmick events, industry insights, and such other services as may be offered from time to time on the Website|
|“Fimmick”, “we”, “our” or “us”||Fimmick Limited|
|“Fimmick’s Affiliates”, “Our Affiliates”||Fimmick’s agents or licensors, and their respective agents, officers, affiliates and employees|
|“Third Party Provider”||any provider of Information or services (including third party payment processors) on the Website other than Fimmick|
|“users”, “you” or “your”||any person who accesses the Website|
|“Website”||www.fimmick.com , including the Services offered therein, and any other website(s) from time to time hosted or linked up by Fimmick|
1. 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 the Website, or alter the presentation, substance, or functionality of the Website.
2. Change of Terms
3. User’s Conduct
As a condition of your use of the Website, you must not:
a. 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;
b. restrict or inhibit any other user from using and enjoying the Website;
c. post or transmit any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, 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;
d. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding;
e. post or transmit any Information or software which contains any virus, trojan horse, worm or other harmful component;
f. 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
g. 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.
5. Third Party Information
The Information may contain Information provided by Third Party Providers or sourced by Fimmick from other references or sources. The Information on the Website may not be regarded as any recommendation or endorsement by Fimmick for any purpose with respect to any person, product or service.
Fimmick is not responsible if any such Information is not up-to-date; Fimmick does not separately verify such Information. Accordingly we do not accept any responsibility whatsoever in respect of such Information. Any use of and reliance on such Information is at your own risk.
6. Links to and from the Website
The links on the Website may take you to other sites and you acknowledge and agree that Fimmick and Fimmick’s Affiliates have no responsibility for the accuracy or availability of any Information provided by linked websites.
Links to other websites do not constitute an endorsement by Fimmick 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 Fimmick or have been lawfully licensed to Fimmick for use on the Website. All rights under applicable laws are hereby reserved. Except with the express permission of Fimmick, you are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component 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 only. Fimmick 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 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 Fimmick nor any of Fimmick’s Affiliates shall guarantee or assume any responsibility that:
a. the Information on the Website is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
b. 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;
c. messages sent through the internet including in connection with the Services will be free from interception, corruption, error, delay or loss;
d. access to the Website will be available or be uninterrupted;
e. use of the Website or Services will achieve any particular result; or
f. defects in the Website will be corrected.
Without limiting the generality of the foregoing, in no event will Fimmick or Fimmick’s Affiliates 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 or the Services, even if Fimmick or Fimmick’s Affiliates have been advised of the possibility of such loss or damages.
In addition, Fimmick accepts 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 Fimmick 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 and use of the Services. You are responsible to ensure that your use of the Information obtained through the Website and the Services in any way for any purpose whatsoever complies with all applicable legal requirements, including without limitation, the data protection law applicable to you.
11. Partial Invalidity
12. Several Users
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 Services to you and consequentially prohibit your right to access to the Services and/or the Website and remove any information and data linked to you.
15. Governing Law and Jurisdiction
16. Hyperlink Policy
Fimmick will be pleased to know your website address if you wish to have it linked to Fimmick’s website. Fimmick will not permit a website to hyperlink to Fimmick’s website if the website contains any materials which is libellous, defamatory, pornographic, obscene, or is in any way in breach of the laws of the Hong Kong Special Administrative Region or infringes any intellectual property rights (including but not limited to copyright) and moral rights. Fimmick may, in its sole discretion, require any websites to remove any hyperlink to Fimmick at any time.Fimmick has no obligation to establish a reciprocal link back to your website following the establishment of a hyperlink from your website to Fimmick’s website unless Fimmick consents to do so.
17. Requests or Enquiries
Please send your requests to [email protected].