Website Use and Access Agreement

Website Use and Access Agreement


We, EPS Company (Hong Kong) Limited (the "Company"), own and maintain this web page situated at (the "Website"). Please read this Agreement carefully before using the Website. Access and use of the Website, including but not limited to using and downloading of services through the Website, are subject to the terms and conditions set out below. Your entry into and use of the Website signify your acceptance of this Agreement. If you are using the Website for and on behalf of and/or as an agent on behalf of, your employer (the "Employer") and/or a third party (the "Principal"), then you (a) represent and warrant that such Employer and/or Principal has authorised you to enter into this Agreement, that the licences granted hereunder are on the Employer's and/or the Principal's behalf, that such Employer and/or Principal has agreed to be bound hereby and that you have actual and express authority to act on behalf of and bind the Employer or Principal to the terms of the Agreement, and (b) you will comply with all of the terms hereof and shall be jointly and severally liable for any breach of the terms of this Agreement by the Employer and/or Principal.

If you do not agree to comply with this Agreement, please do not use the Website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Website.

In the remainder of this Agreement the terms "you", "your" and "yours" shall be defined as you, the user of the Website, and the Employer and/or Principal if you are using the Website for and on behalf of the Employer and/or Principal (as the case may be).

1. Trademarks and Copyright
1.1 Unless otherwise indicated, we either own the intellectual property rights in the text, transcripts, forms, pictures, photos, images, audio/video clips, and other content that is made available to you on this Website (the "Materials"), or have obtained the permission of the owner of the intellectual property to use the Materials on the Website. 
1.2 The Materials are protected by Hong Kong and international copyright laws. You may not remove any copyright or other proprietary notices contained in the Materials, caption information or any other material on the Website. In addition, you may not employ software to "crawl" or search the Website and/or retrieve Materials or related information. All rights not specifically granted under this Agreement are reserved to the Company. 
1.3 We grant you a limited licence to display on your computer, print, download, and use the Materials provided that:
- you agree that we are not liable for any liability you incur as a result of using this limited licence;
- you do not modify any of the Materials;
- you include with and display on each copy the associated copyright notice and this limited licence.
1.4 Without limitation, the Materials shall not be used as a trademark or service mark, or for any pornographic use, unlawful purpose or use, or to defame any person, or to violate any person's right of privacy or publicity, or to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorised use of any of the Materials constitutes copyright infringement and shall entitle the Company to exercise all rights and remedies under applicable copyright law, including but not limited to an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Materials. The foregoing is not a limiting statement of the Company's rights or remedies in connection with any unauthorized use.
1.5 No other use is permitted without our express written permission. Nothing in this Agreement confers any right to any other content provided on the Website.
1.6 You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, proposals, suggestions and comments provided by you to us in connection with the Website without any payment to you.
2. Disclaimer
2.1 The content on the Website and the Materials are provided "as is" without warranty of any kind, either expressed or implied, including without limitation warranties of merchantability, satisfactory quality or fitness for a particular purpose. 
2.2 The Company specifically does not make any warranty or representation as to the accuracy or completeness of any content of the Website, in particular, any information provided by third parties or sourced by us from news agencies, business information sources, press releases or other references or sources.
2.3 Under no circumstances shall the Company be liable for any loss, damage, liability or expense incurred or suffered which is claimed to have resulted from the use of the Website including, without limitation, any fault, error, omission, interruption or delay with respect to it. Use of the Website is at your sole risk. Under no circumstances including, but not limited to, negligence, shall the Company, its employees, officers, representatives and agents be liable for any direct, indirect, incidental, special or consequential damages, even if the Company has been advised of the possibility of such damages. You specifically acknowledge and agree that we are not liable for any conduct of any other users of the Website.
2.4 As a condition of use of the Website, you agree to indemnify us from and against any and all actions, claims, losses, damages, liabilities and expenses arising out of your use of this website, including, without limitation, any claims alleging facts that if true would constitute a breach by you of this Agreement. If you are dissatisfied with any material on the Website or with any part of this Agreement, your sole and exclusive remedy is to discontinue using the Website.
2.5 The Website may contain advertisements or notices by third parties. Unless otherwise specifically stated on the Website, we do not endorse or make any representation regarding the liability, quality or accuracy of any products or services featured in, or linked to any advertisement that appears on the Website.
2.6 You should not assume that the contents of the Website are complete or up-to-date. We are not obliged to periodically or otherwise update the contents of the Website, however regular reviews of the website for content and relevance will be conducted.
2.7 Communications made through the electronic mail capabilities of the Website shall in no way be deemed to constitute legal notice to or from the Company or any of its employees, officers, representatives and agents.
3. Membership Registration
3.1 In order to acquire the services provided for on the Website, including without limitation, updating your profile via the Website, you must first register with the Company and open a relevant personalized account (the "Account") by filling in an appropriate registration form.
3.2 When you register for an Account, you agree to furnish true and accurate information and agree to be bound by the terms and conditions of the Privacy Policy and Personal Information Collection Statement.
3.3 You are solely responsible for maintaining the confidentiality of the password and login code for your Account (the "Password") and you shall not distribute the Password or allow others to use the Password to gain access to the Account. You agree to accept responsibility for all activities that occur under your Account or Password. You shall be liable for any loss, damage, liability or expense incurred or suffered by the Company or any third party arising from any misuse or improper application of the Password.
3.4 The Company reserves the right, at its sole discretion, to revoke the account with or without cause.  
4. Cookies
We currently use "cookies" on the Website. Our cookies tag each visitor's browser with a random, unique number. The cookie simply assigns a number and does not collect or disclose any personal information about the person using the browser. By noting where these uniquely numbered browsers go on the Website, we can study traffic patterns and improve the Website.
5. Linked Websites
Some of the links on the Website may lead to resources outside the Website. The linked sites are not under our control and we have not reviewed or investigated in any way the information in such linked sites. We make no representation or warranty as to the contents of any linked site or any link contained in a linked site. We provide these links only as a convenience, and the inclusion of any link does not imply endorsement, representation or warranty by us.
6. Amendments
6.1 The Company mayperiodically add, delete, change, improve, or update the contents of the Website without notice. 
6.2 We may revise this Agreement and/or introduce additional terms and conditions at any time and from time to time.
6.3 We reserve our exclusive right in our sole discretion to alter, limit or discontinue the Website or any of the Materials in any respect.
7. No Waiver
No act, delay or omission by us shall affect our right, powers and remedies under this Agreement or any further or other exercise of such rights, powers or remedies. The rights and remedies under this Agreement are cumulative and not exclusive of the rights and remedies provided by law.
8. Severance
If any provision of this Agreement is not or ceases to be legally binding and enforceable it will not affect the legality, binding effect or enforceability of any other provision.
9. Access to the Website
We reserve the right to deny in our sole discretion any user access to this website or any portion of it without notice.
10. Applicable Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Hong Kong SAR.
11. General Provision
In case of discrepancies between the English and Chinese versions of this Agreement, the English version shall prevail over the Chinese version which is provided for information purposes only.
12. Contacting Us
If you have any questions about this Agreement, our practices in relation to the Website, or your dealings with the Website, please email us at or writing to 12/F HSBC Building Tsimshatsui, 82-84 Nathan Road, Kowloon.