1. Application.This notice applies to:
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| (a) |
the use of HutchisonMacau.com ("HutchisonMacau.com
service") of Hutchison Telephone (Macau) Company
Limited ("HTMCL"); |
| (b) |
all information stored on or receivable
through this HutchisonMacau.com portal site or any other
server linked to HutchisonMacau.com portal site (the Information);
and |
| (c) |
any use of HutchisonMacau.com service, the
Information, any goods or services offered, accessed or
obtained through HutchisonMacau.com service, by you (the
User). This notice limits the liability of HTMCL and its
associated companies, employees, agents contractors and
any third party Information provider (collectively Hutchison)
in relation to any such use, the Information, and goods
and services. |
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2. Copyright
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| (a) |
The Information may be protected under intellectual
property laws and rights (including without limitation
laws protecting copyright). If the User downloads, copies,
transmits, publishes, stores or otherwise uses the Information
without the consent of the owner of such rights, the User
may infringe such laws or rights. It is the User's responsibility
to determine whether any such infringement (Copyright
Infringement) will occur. |
| (b) |
HTMCL do not acquire the intellectual property
right in the Information. The User is deemed to permit,
allow and/or authorised Huchison to copy, distribute,
broadcast, display, duplicate, edit, translate and/or
format the Information and to disclose and publish the
identity and/or name of the User. |
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Hutchison shall not pay any fees in respect of the use of the Information.
Hutchison has the absolute discretions to remove the Information and
any part of it.
The User warrants and declares that he has all rights in the Information
provided, uploaded or put by him.
3. General Disclaimer. Hutchison expressly
disclaims any responsibility, representation or warranty:
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| (a) |
in relation to the quality, operation, use,
accuracy, or timeliness of, or the fitness or use for
any purpose of HutchisonMacau.com service or the Information; |
| (b) |
in relation to any goods or services accessed,
offered or obtained through HutchisonMacau.com service
or pursuant to the Information; |
| (c) |
that any access to HutchisonMacau.com
service or the Information will be uninterrupted or error
free or that the Information does not contain any viruses,
or contaminating or destructive properties; |
| (d) |
that the Information will not be objectionable
or offensive to the User or any other person; |
| (e) |
for any error, omission or misstatement
in or arising from the Information. Hutchison does not
endorse or recommend any person, organisation, name, product
or service referred to in the Information, nor does the
Information constitute Hutchison's views or opinions.
Hutchison will not be a party to any transaction between
the User and any third person in any way relating to the
Information or made through HutchisonMacau.com service
unless and only to the extent expressly stated in writing
otherwise.
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4. Limitation of Liability.Hutchison
shall not be liable to the User or any other person whether in tort,
contract, statute or otherwise (including without limitation for
negligence, breach of contract, defamation, or intellectual property
right infringement) for:
| |
| (a) |
any direct loss; |
| (b) |
any consequential or indirect loss (including
without limitation loss of revenue or profits); or |
| (c) |
the User's liability to any
other person, which is suffered or incurred by the User
or any other person arising under or in any way out of
the Information or the use of HutchisonMacau.com service
. |
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5. Confidentiality.Hutchison does
not warrant (and accepts no responsibility for) confidentiality
of any information or data whether personal or otherwise transmitted
through HutchisonMacau.com service. Hutchison's current practice
is to take reasonable steps to maintain confidentiality. (Refer
also to Hutchison's personal data policies current from time to
time).
6. User's Obligations. In consideration
of Hutchison allowing the User access to the Information and/or
HutchisonMacau.com service, the User agrees:
| |
| (a) |
(a) not carry out or allow any
Copyright Infringement; |
| (b) |
(b) not to use the Information or the User's
access to HutchisonMacau.com service for any illegal,
improper, obscene or defamatory purpose; |
| (c) |
(c) to take all steps to ensure
the Information does not damage the User's information
or systems; |
| (d) |
to Hutchison conducting research
on access to the Information; |
| (e) |
to all Hutchison's disclaimers
and limitations of liability set out in this notice, and
to Hutchison's personal data policies current from time
to time applying. |
| (f) |
not to publish, put, upload,
distribute, spread any inappropriate, defamatory, damaging,
indecent, obscene, unlawful, information, public and/or
material; |
| (g) |
that the use by the user of
HutchisonMacau.com service or the Information will not
overload, spam, damage or destroy HutchisonMacau.com service
and will not interfere the use of the Information, access
to goods and services or HutchisonMacau.com service by
others; and |
| (h) |
not to use HutchisonMacau.com
service or Information for commercial uses or purposes
and not to amend copy, distribute, transmit, display Information
or resell the Information or its copy. |
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7. HTMCL's rights.
HTMCL has the rights, but not the obligations, to monitor, check,
examine, edit and/or remove the Information without any conditions
and prior notice to the User.
HTMCL has the rights to disclose any information and materials to
any person, as it deems fit if requested by the Macau SAR Government
or in compliance of any laws or regulations.
8. Law and Severability. Macau SAR law governs this notice, and
each part of this notice shall apply to the extent permitted thereby.
Any part of this notice which is prohibited or unenforceable in
any jurisdiction is ineffective as to that jurisdiction only to
the extent of the prohibition or unenforceability. That does not
invalidate the remaining parts of this notice nor affect the validity
or enforceability of that part in any other jurisdiction. Where
this disclaimer is available in Chinese, the Chinese version is
the governing version and shall prevail whenever there is a discrepancy
between the two versions.
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