"We" or "us" means any of the subsidiaries, affiliates, and associated companies of 88iv (hereinafter collectively referred to as the "Company"). Please read these terms and conditions carefully as they apply to your use of this Internet site (Site). By using this Site you agree to be bound by these terms and conditions. We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
You may be required to register with us in order to access certain parts of the Site. Where you are required to register:
- you must provide us with accurate, complete and updated registration information;
- you must safeguard any user name and password which we provide to you; and
- you authorise us to assume that any person using the Site with your user name and password is either you or is authorised to act for you.
You acknowledge that your use of some Sub Portals may be governed by additional terms and conditions. Where this is the case, you will be notified accordingly, and those additional terms and conditions:
- will apply to your use of such Sub-portal in addition to these terms and conditions; and
- will prevail over these terms and conditions to the extent of any inconsistency.
You acknowledge that we may, in our sole discretion and with or without notice:
- vary the Site or any part of the Site (including any Sub Portal for which you are required to register); and
- modify or discontinue this Site, any part of the Site and the services available on it without notice.
You acknowledge that Content on the Site is subject to copyright and possibly other intellectual property rights (Intellectual Property Rights). Unless you are expressly authorised by law you must not yourself, or participate in or permit any other person, to:
- sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent; or
- use any Content on any other web site or in a networked computer environment for any purpose; or
- reverse engineer any Content consisting of downloadable software; or
- otherwise infringe the Intellectual Property Rights of any person in using the Site or any Content.
Nothing you do on or in relation to the Site will transfer any Intellectual Property Rights to you or licence you to exercise any Intellectual Property Rights unless this is expressly stated.
Your Use of the Site
You must not Post any Content that:
- you do not have the right to post;
- is defamatory or in contempt of any legal or other proceedings;
- is misleading or deceptive;
- incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
- denounces religious or political beliefs;
- includes religious or political material which is or is likely to be offensive;
- is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety;
- is of a menacing character;
- is likely to cause annoyance, inconvenience or anxiety;
- is likely to encourage crime, public disorder, violence or hatred;
- is likely to damage public health, safety or morals;
- infringes any copyright, trade mark, patent or other intellectual property right of another person;
- contains any unsolicited or unauthorised advertising or promotional material;
- contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or
- impersonates any person or misrepresents your relationship with any person.
You must not:
- disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
- violate any applicable laws relating to your use of the Site; or
- collect or store personal data about other users of the Site.
Links and Advertisements
We have not reviewed all of the sites linked to this Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines).
Some links which appear on the Site are automatically generated, and may be offensive or inappropriate to some people. The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.
The Use of the Site Is At Your Risk
You use the Site at your risk. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. In particular, where information relating to companies, investments or securities is provided on or via the Site, such information is provided for information purposes only. You should seek your own independent advice with respect to any Content.
We endeavour to provide a convenient and functional Site, but we do not guarantee that the Content will be error free or that the Site or the server that operates it are free of viruses or other harmful components.
Although we will use reasonable endeavours to maintain the Content, we do not undertake to provide support or maintenance services for the Content. We urge you to keep backup copies of Content you Post to, maintain on or use with the Site.
If your use of the Site results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
Without limiting the above provisions, everything on the Site is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any applicable laws.
If a jurisdiction does not allow the exclusion of implied warranties in accordance with last paragraph but allows limitations of a certain maximum extent then we limit our warranties to that extent.
Age of Users
We do not intend the Site to be viewed or used by individuals under the age of 18 (“minors”) without the supervision of a parent or guardian 18 years of age or older. We rely upon parents or guardians to determine if any content or items available on the Site are appropriate for the viewing, access or purchase by minors. If a user is a minor, such minor may use the Site only under the supervision of parent or guardian.
Limitation of Liability
To the extent permitted by law no party, including the Company, involved in creating, producing, or delivering the Site or any Content will be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
If a jurisdiction does not allow the exclusion or limitation of liability in accordance with last paragraph but allows a limitation of a certain maximum extent then our liability is limited to that extent.
Where you are required to register with us, you may cancel such registration at any time by notifying us. We may cancel your registration if you do not visit the Site for an extended period of time, or if we reasonably believe that you have violated any applicable laws, acted inconsistently with the letter or spirit of this agreement, or have violated our rights or those of another party.
The provisions of these terms and conditions entitled "Use of the Site is at Your Risk", "Limitation of Liability," and "General Provisions" will survive cancellation of your registration or termination of this agreement.
We will give you any necessary notices by posting them on the Site. You agree:
- to check the Site for notices; and
- that you will be considered to have received a notice when it is made available to you by posting on the Site.
If any part of this agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This agreement will be governed by the laws of Hong Kong. You irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.
You agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or the Content or your breach of this agreement.
Content includes things that you may see, read, hear, download or access on or via the Site (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).