We recommend that you print a
copy of these Legal Terms for your records.
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including
all
source code, databases, functionality, software, website designs, audio, video, text,
photographs, and
graphics in the Services ( collectively, the "Content" ), as well as the trademarks, service
marks, and
logos contained therein (the "Marks" ).
Our Content and Marks are protected by copyright and trademark laws (and various other
intellectual
property rights and unfair competition laws) and treaties around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal,
non-commercial
use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the
"
PROHIBITED ACTIVITIES
" section below, we grant you a non-exclusive, non-transferable, revocable license to:
-
access the Services; and
-
download or print a copy of any portion of the Content to which
you have
properly gained access,
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and
no
Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any
commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this
section or
elsewhere in our Legal Terms, please address your request to:
pc@besteam.com.hk
. If we ever grant you the permission to post, reproduce, or publicly display any part of
our
Services or Content, you must identify us as the owners or licensors of the Services, Content,
or Marks
and ensure that any copyright or proprietary notice appears or is visible on posting,
reproducing, or
displaying our Content.
We
reserve all rights not expressly granted to you in
and to the Services, Content, and Marks.
Any
breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use our Services will
terminate
immediately.
Your
submissions and contributions
Please review this section and the "
PROHIBITED
ACTIVITIES
" section carefully prior to using our Services to understand the (a) rights you give us and (b)
obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question,
comment,
suggestion, idea, feedback, or other information about the Services (
"Submissions"), you agree to assign to us all
intellectual
property rights in such Submission. You agree that we shall own this Submission and be entitled
to
its
unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Contributions: The Services may invite you to chat,
contribute
to, or participate in blogs, message boards, online forums, and other functionality during which
you
may
create, submit, post, display, transmit, publish, distribute, or broadcast content and materials
to
us
or through the Services, including but not limited to text, writings, video, audio, photographs,
music,
graphics, comments, reviews, rating suggestions, personal information, or other material
("Contributions").
Any
Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of
the
Services and possibly through third-party websites.
When you
post Contributions, you grant us a license
(including
use of your name, trademarks, and logos): By posting any Contributions, you
grant us
an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid,
worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish,
broadcast,
retitle, store,
publicly
perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your
Contributions (including, without limitation, your image, name, and voice) for any purpose,
commercial,
advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your
Contributions, and to sublicense the licenses granted in
this section. Our use and distribution may
occur in any media formats and through any media channels.
This license
includes our use
of your name, company name, and
franchise
name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal
and
commercial images you provide.
You are
responsible for what you post or upload: By
sending us
Submissions and/or posting Contributions through any part
of the Services or making Contributions accessible through the
Services by
linking
your account through the Services to any of your social networking accounts, you:
-
confirm that you
have read and agree with our "PROHIBITED
ACTIVITIES
" and will not
post, send, publish, upload, or transmit through the Services any Submission nor post any
Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying,
abusive,
discriminatory, threatening to any person or group, sexually explicit, false, inaccurate,
deceitful,
or misleading;
-
to the extent
permissible by applicable law, waive any and all moral
rights
to any such Submission and/or Contribution;
-
warrant that any
such Submission
and/or
Contributions are original to you or that you have
the
necessary rights and licenses to submit such
Submissions and/or Contributions and that you have full authority to grant us the
above-mentioned
rights in relation to
your
Submissions and/or Contributions; and
-
warrant and
represent that your Submissions and/or Contributions do not constitute
confidential information.
You are solely responsible
for
your Submissions and/or Contributions and you expressly agree
to reimburse us for any and all
losses
that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual
property
rights, or (c) applicable law.
We may remove or edit
your Content: Although we have no obligation to monitor any Contributions, we shall
have
the
right to remove or edit any Contributions at any time without notice if in our reasonable opinion we
consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such
Contributions, we may also suspend or disable your account and report you to the authorities.
If you
provide
any
information that is untrue, inaccurate, not current, or incomplete, we have the right to
suspend
or terminate your account and refuse any and all current or future use of the Services
(or
any
portion thereof).
You may
be
required to register to use the Services. You agree to keep your password
confidential
and will be responsible for all use of your account and password. We reserve the
right
to remove, reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
You may not
access or
use the Services for any purpose other than that for which we make the Services
available.
The
Services may not be used in connection with any commercial
endeavors except those that are specifically
endorsed or approved by us.
As
a
user
of the Services, you agree not to:
- Systematically
retrieve data or other content from the Services to create or compile,
directly
or indirectly, a collection, compilation, database, or directory without
written
permission from us.
- Trick,
defraud, or mislead us and other users, especially in any
attempt to
learn sensitive account information such as user
passwords.
- Circumvent,
disable, or otherwise interfere with security-related
features
of
the Services, including features that prevent or restrict
the
use or
copying of any Content or enforce limitations on the use of
the
Services and/or the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
- Use
any information obtained from the Services in order to
harass,
abuse, or harm another
person.
- Make
improper use of our support services or submit false reports
of
abuse or misconduct.
- Use
the Services in a manner inconsistent with any applicable
laws
or
regulations.
- Engage
in unauthorized
framing of or
linking
to the Services.
- Upload
or transmit (or attempt to upload or to transmit) viruses,
Trojan
horses, or other material, including excessive use of
capital
letters and spamming (continuous posting of repetitive
text),
that
interferes with any party’s uninterrupted use and enjoyment
of
the
Services or modifies, impairs, disrupts, alters, or
interferes
with
the use, features, functions, operation, or maintenance of
the
Services.
- Engage
in any automated use of the system, such as using scripts to
send
comments or messages, or using any data mining, robots, or
similar
data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from any
Content.
- Attempt
to impersonate another user or person or use the username of
another
user.
- Upload
or transmit (or attempt to upload or to transmit) any
material
that
acts as a passive or active information collection or
transmission
mechanism, including without limitation, clear graphics
interchange
formats ("gifs"), 1×1
pixels, web
bugs, cookies, or other similar devices (sometimes referred
to
as
"spyware" or "passive
collection
mechanisms" or "pcms"
).
- Interfere
with, disrupt, or create an undue burden on the Services or
the
networks or services connected to the
Services.
- Harass,
annoy, intimidate, or threaten any of our employees or
agents
engaged in providing any portion of the Services to
you.
- Attempt
to bypass any measures of the Services designed to prevent
or
restrict access to the Services, or any portion of the
Services.
- Copy
or adapt the Services' software, including but not limited
to
Flash,
PHP, HTML, JavaScript, or other
code.
- Except
as permitted by applicable law, decipher, decompile,
disassemble, or
reverse engineer any of the software comprising or in any
way
making
up a part of the
Services.
- Except
as may be the result of standard search engine or Internet
browser
usage, use, launch, develop, or distribute any automated
system,
including without limitation, any spider, robot, cheat
utility,
scraper, or offline reader that accesses the Services, or
use or
launch any unauthorized
script or other
software.
- Use
a buying agent or purchasing agent to make purchases on the
Services.
- Make
any unauthorized use
of the
Services,
including collecting usernames and/or email addresses of
users
by
electronic or other means for the purpose of sending
unsolicited
email, or creating user accounts by automated means or under
false
pretenses
.
- Use
the Services as part of any effort to compete with us or
otherwise
use the Services and/or the Content for any
revenue-generating
endeavor or commercial
enterprise.
6. USER
GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or
participate
in
blogs, message boards, online forums, and other functionality, and
may
provide you with the opportunity to create, submit, post, display,
transmit,
perform, publish, distribute, or broadcast content and materials to
us
or on
the Services, including but not limited to text, writings, video,
audio,
photographs, graphics, comments, suggestions, or personal
information or
other material (collectively,
"Contributions").
Contributions may be viewable by other users of the Services and
through
third-party websites. As such, any Contributions you transmit may be
treated
as non-confidential and non-proprietary. When you create or make
available
any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission,
public
display, or performance, and the accessing, downloading, or copying of
your
Contributions do not and will not infringe the proprietary rights,
including
but
not limited to the copyright, patent, trademark, trade secret, or moral
rights
of any third party.
- You are the creator and owner of or have
the
necessary licenses, rights,
consents, releases,
and
permissions to use and to authorize
us, the Services, and other
users
of the Services to use your Contributions in any manner contemplated by
the
Services and these Legal Terms.
- You have the written consent, release,
and/or
permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such
identifiable
individual person to enable inclusion and use of your Contributions in
any
manner contemplated by the Services and these Legal
Terms.
- Your Contributions are not false,
inaccurate,
or
misleading.
- Your Contributions are not unsolicited or
unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other
forms
of solicitation.
- Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing,
libelous, slanderous, or
otherwise
objectionable (as determined by us).
- Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass
or
threaten (in the legal sense of those terms) any other person and to
promote
violence against a specific person or class of
people.
- Your Contributions do not violate any
applicable
law, regulation, or rule.
- Your Contributions do not violate the
privacy
or
publicity rights of any third party.
- Your Contributions do not violate any
applicable
law concerning child pornography, or otherwise intended to protect the
health or
well-being of minors.
- Your Contributions do not include any
offensive
comments that are connected to race, national origin, gender, sexual
preference,
or physical handicap.
- Your Contributions do not otherwise
violate,
or
link to material that violates, any provision of these Legal Terms, or
any
applicable law or regulation.
Any
use
of
the Services in violation of the foregoing violates these Legal Terms and
may
result
in, among other things, termination or suspension of your rights to use the
Services.
By
posting
your Contributions to any part of the Services
, you automatically grant, and you represent and warrant that you
have
the
right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right,
and
license to host, use, copy,
reproduce,
disclose, sell, resell, publish, broadcast, retitle, archive, store,
cache,
publicly perform, publicly display, reformat, translate, transmit,
excerpt
(in
whole or in part), and distribute such Contributions (including, without
limitation, your image and voice) for any purpose, commercial,
advertising,
or
otherwise, and to prepare derivative works of, or incorporate into other
works,
such Contributions, and grant and
authorize
sublicenses of the foregoing.
The
use and distribution may occur in any media formats and through any
media
channels.
This
license
will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise
name,
as
applicable, and any of the trademarks, service marks, trade names, logos,
and
personal and commercial images you provide. You waive all moral rights in
your
Contributions, and you warrant that moral rights have not otherwise been
asserted in
your Contributions.
We
do
not
assert any ownership over your Contributions. You retain full ownership of
all
of
your Contributions and any intellectual property rights or other proprietary
rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the
Services.
You are solely responsible for your Contributions to the Services and you
expressly
agree to exonerate us from any and all responsibility and to refrain from
any
legal
action against us regarding your Contributions.
We
have
the
right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise
change
any Contributions; (2) to re-categorize
any Contributions to place them in
more appropriate locations on the Services; and (3) to pre-screen or delete
any
Contributions at any time and for any reason, without notice. We have no
obligation
to monitor your Contributions.
8. THIRD-PARTY
WEBSITES AND CONTENT
The Services may
contain
(or
you may be sent via the Site)
links to other websites ("Third-Party Websites") as well
as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications, software, and other content
or
items
belonging to or originating from third parties ("Third-Party
Content"
). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or
checked
for accuracy, appropriateness, or completeness by us, and we are not responsible for any
Third-Party
Websites accessed through the Services or any Third-Party
Content posted on, available through, or installed from the Services, including the content,
accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of or contained in
the
Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or
permitting
the use or installation of any Third-Party Websites
or
any
Third-Party Content does not imply approval or
endorsement
thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and
you
should
be aware these Legal Terms no longer govern. You should review the applicable terms and
policies,
including privacy and data gathering practices, of any website to which you navigate from the
Services
or relating to any applications you use or install from the Services. Any purchases you make
through
Third-Party Websites will be through other websites
and
from
other companies, and we take no responsibility whatsoever in relation to such purchases which
are
exclusively between you and the applicable third party. You agree and acknowledge that we do not
endorse
the products or services offered on Third-Party
Websites
and
you shall hold us blameless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you
relating to or resulting in any way from any Third-Party
Content or any contact with Third-Party Websites.
9. ADVERTISERS
We allow advertisers to
display
their advertisements and other information in certain areas of the Services, such as sidebar
advertisements or banner advertisements. We simply provide the space to place such
advertisements,
and
we have no other relationship with advertisers.
10. SERVICES
MANAGEMENT
We reserve the right, but not
the
obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate
legal
action against anyone who, in our sole discretion, violates the law or these Legal Terms, including
without
limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and
without
limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Services or otherwise disable all files and
content
that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to facilitate the proper
functioning of
the Services.
11. TERM
AND TERMINATION
These Legal Terms shall
remain
in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE
LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS
TO
AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON
OR
FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE
OR
PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or
suspend
your
account for any reason, you are prohibited from registering and creating a new account under
your
name,
a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of
the
third party. In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and injunctive
redress.
12. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to
change,
modify, or remove the contents of the Services at any time or for any reason at our sole
discretion
without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any
modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the
Services will be available at all times. We may experience hardware, software, or other problems
or
need
to perform maintenance related to the Services, resulting in interruptions, delays, or errors.
We
reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the
Services
at
any time or for any reason without notice to you. You agree that we have no liability whatsoever
for
any
loss, damage, or inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to
obligate
us to maintain and support the Services or to supply any corrections, updates, or releases in
connection
therewith.
13. GOVERNING
LAW
These Legal Terms shall
be
governed by and defined following the laws of
Hong Kong
. Besteam Personnel Consultancy Limited and yourself
irrevocably
consent that the courts of
Hong Kong
shall have exclusive jurisdiction to resolve any dispute which may arise in connection
with
these Legal Terms.
14. DISPUTE
RESOLUTION
You agree to irrevocably submit all disputes related to these Legal
Terms
or
the legal relationship established by these Legal Terms to the jurisdiction of the
Hong Kong
courts. Besteam Personnel
Consultancy Limited shall also maintain the right to bring proceedings as to the
substance of
the matter in the courts of the country where you reside or, if these Legal Terms are entered
into
in
the course of your trade or profession, the state of your principal place of business.
15. CORRECTIONS
There may
be
information on the Services that contains typographical errors, inaccuracies, or omissions,
including
descriptions, pricing, availability, and various other information. We reserve the right to correct
any
errors, inaccuracies, or omissions and to change or update the information on the Services at any
time,
without prior notice.
16.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES
AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS
FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY
OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS
LINKED TO
THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION
OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF
THE
USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY
A
THIRD
PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED
IN
ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH
THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR
BEST
JUDGMENT AND
EXERCISE
CAUTION WHERE APPROPRIATE.
17. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL
WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF
WE
HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION,
WILL
AT ALL TIMES BE LIMITED TO
HKD100
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS
APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE
ADDITIONAL RIGHTS.
18. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties
set
forth
in these Legal Terms; (5) your violation of the
rights of
a
third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the
Services
with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right,
at
your
expense, to assume the exclusive defense and control of
any matter for which you are required
to
indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable efforts
to
notify you of any such claim, action, or proceeding which is subject to this indemnification
upon
becoming aware of it.
19. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we
perform
regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
20. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other
communications we
provide to you electronically, via email and on the Services, satisfy any legal requirement that
such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS,
AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements
under
any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an
original
signature or delivery or retention of non-electronic records, or to payments or the granting of
credits
by any means other than electronic means.
21. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or provision of
these
Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate
to
the
fullest extent permissible by law. We may assign any or all of our rights and obligations to
others
at
any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act
caused by
any cause beyond our reasonable control. If any provision or part of a provision of these Legal
Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the provision is
deemed
severable from these Legal Terms and does not affect the validity and enforceability of any
remaining
provisions. There is no joint venture, partnership, employment or agency relationship created
between
you and us as a result of these Legal Terms or use of the Services. You agree that these Legal
Terms
will not be construed against us by virtue of having drafted them. You hereby waive any and all
defenses you may
have
based on the electronic form of these Legal Terms and the lack of signing by the parties hereto
to
execute these Legal Terms.
22.
CONTACT US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please contact us at:
Besteam Personnel Consultancy Limited
Suite 609, Tower 1, Silvercord, 30 Canton Road, Tsim Sha Tsui,
Kowloon
Hong Kong
Phone: +852 27368202
Fax: +852 27359726
pc@besteam.com.hk
