CDW Holding Limited (hereby "CDW")
maintains this web site and other CDW·¦s web sites that are
linked to this site which is identified by the uniform resource
locator cdw-holding.com.hk (collectively the "Site")
and all the information, communications, software, scripting,
photos, text, video, graphics, music, sounds, images and other
materials and services found on the Site (collectively the
"Content"), for the use of its customers, employees
and members of the general public but only for the lawful
purposes described below. The Site is offered to you conditional
upon your acceptance of these Terms of Use. Your use of and
access to the Site constitutes your acceptance.
CDW may periodically amend these Terms of Use. As you are
bound by these Terms of Use, you should periodically review
this page.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE
SITE
This Terms of Use Agreement (the "Agreement") describes
the terms and conditions applicable to your use of the Site.
This Agreement is entered into between you as the user of
the Site (the" User") and CDW .
1. |
APPLICATION OF AND ACCEPTANCE OF TERMS AND CONDITIONS |
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1.1 |
For purposes of this Agreement, a "User" is
any person who accesses this Site for whatever purpose.
A User includes the person using this Site and any legal
entity which may be represented by such person under actual
or apparent authority. |
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1.2 |
By accessing, browsing or using the Site, you hereby
agree to accept the terms and conditions set forth in
this Agreement as a User and to comply with all applicable
laws and regulations. You shall be bound by the terms
and conditions of this Agreement with respect to your
access, browse or use of the Site and any further upgrade,
modification, addition or change to the Site. You represent
you have the legal authority to accept this Agreement
on behalf of yourself or any party you represent. If you
do not accept all of the terms and conditions of this
Agreement, please do not use the Site. |
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1.3 |
CDW may amend this Agreement at any time by posting
the amended and restated Agreement on the Site. The amended
and restated Agreement shall be effective immediately
upon posting. Posting by CDW of the amended and restated
Agreement and your continued use of the Site shall be
deemed to be acceptance of the amended terms. This Agreement
may not otherwise be modified, except in writing by an
authorized officer of CDW. |
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2. |
USER GENERALLY |
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2.1 |
User may use the Site solely for their own personal
or internal purposes. Each User agrees that it shall not
copy, reproduce or download any information, text, images,
video clips, directories, files, databases or listings
available on or through the Site (the "CDW Content")
for the purpose of re-selling or re-distributing the CDW
Content, mass mailing (via emails, wireless text messages,
physical mail or otherwise), operating a business that
competes with CDW, or otherwise commercially exploiting
the CDW Content. Systematic retrieval of CDW Content from
the Site to create or compile, directly or indirectly,
a collection, compilation, database or directory (whether
through robots, spiders, automatic devices or manual processes)
without written permission from CDW is prohibited. In
addition, use of the content or materials for any purpose
not expressly permitted in this Agreement is prohibited.
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2.2 |
CDW may allow User access to content, products or services
offered by third parties through hyperlinks (in the form
of word link, banners, channels or otherwise) to a third
party's web site. You are cautioned to read such sites'
terms and conditions and/or privacy policy before using
such sites in order to be aware of the terms and conditions
of your use of such sites. User acknowledges that such
linked web sites are not under the control of CDW. CDW
is not responsible for the availability of these outside
resources or their contents, nor does it endorse or is
it responsible for any of the contents, advertising, products
or other material on such sites. CDW shall not be held
responsible or liable for any direct or indirect loss
or damages caused or alleged to have been caused by your
use of, or reliance on, any content, goods or services
available on such sites. Any concerns regarding an external
link should be directed to its responsible site administrator
or webmaster. |
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2.3 |
We urge that you read CDW 's Privacy Practices which
governs the protection and use of each User's information
in CDW 's possession. Each User hereby accepts the Privacy
Practices and any updates and amendments thereto. Each
User acknowledges that CDW may change the Privacy Practices
from time to time provided that CDW shall make available
the updated version of the Privacy Practices on the Site
at all times. Your continuation of use of the Site shall
be deemed to be your acceptance of the Privacy Practices
which is then displayed on the Site at the time of such
use. |
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3. |
RESTRICTIONS OF USE OF MATERIALS |
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3.1 |
You acknowledge that the Content is protected in Hong
Kong and internationally by a variety of laws, including
but not limited to, copyright laws and treaty provisions,
trademark laws and other proprietary rights laws (collectively
"Rights"). |
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3.2 |
No material from the Site or any web site owned, operated,
licensed or controlled by CDW may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed
in any way, except that you may download one copy of the
materials on any single computer for your own private
and non-commercial viewing only. Modification of the materials
or use of the materials for any other purpose is a violation
of CDW's copyright and other proprietary rights. For purposes
of this Agreement, the use of any such material on any
other web site or networked computer environment is prohibited. |
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3.3 |
In the event you download software from the Site, the
software, including any files, images incorporated in
or generated by the software, and data accompanying the
software (collectively, the "Software") are
licensed to you by CDW. CDW retains full and complete
title to the Software, and all intellectual property rights
therein. You may not redistribute, sell, decompile, reverse
engineer, disassemble or otherwise reduce the Software
to a human-perceivable form. |
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3.4 |
Nothing contained in the Site should be construed as
granting, by implication, estoppels or otherwise, any
license or right of use of any trademark, logos or service
marks displayed on the Site without the written permission
of CDW or its third party owner. |
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4. |
TERMINATION |
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4.1 |
CDW reserves the right to terminate your access to all
or part of the Site, with or without notice. |
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5. |
DISCLAIMER |
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5.1 |
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, CDW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CDW DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE
MATERIALS WILL MEET YOUR REQUIREMENTS, THAT DEFECTS WILL
BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES
IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
OR THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH
THE SITE WILL BE MAINTAINED. CDW DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE MATERIALS IN THE SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. ALL SUCH
WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS
AND TERMS ARE HEREBY EXCLUDED. YOU AGREE TO ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. |
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5.2 |
Any material downloaded or otherwise obtained through
the Site is done at each User's sole discretion and risk
and each User is solely responsible for any damage to
its computer system or loss of data that may result from
the download of any such material. No advice or information,
whether oral or written, obtained by any User from CDW
or through or from the Site shall create any warranty
not expressly stated herein. |
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6. |
LIMITATION OF LIABILITY |
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6.1 |
CDW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE
THE SITE, ITS CONTENTS OR LINKS, INCLUDING, BUT NOT LIMITED
TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, LOST PROFITS, LOST BUSINESS OR LOST DATA.
6.2 IF YOU ARE DISSATISFIED WITH THE SITE, THE MATERIALS
AVAILABLE ON IT, OR WITH THIS AGREEMENT, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. |
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7. |
INDEMNIFICATION |
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7.1 |
You agree to indemnify, defend and hold harmless CDW,
its parents, subsidiaries, affiliates, officers, and employees
from any loss, liability, claim, demand, damage, or expenses
(including reasonable attorney's fees) asserted by any
third party due to or arising from or in connection with
your use of or conduct on the Site, the content or transmitted
by you on or through the Site. CDW reserves the right,
at its own expense, to assume the exclusive defence and
control of any matter otherwise subject to indemnification
by you, which shall not excuse your indemnity obligations. |
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8. |
MODIFICATION TO THE SITE |
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8.1 |
CDW reserves the right to modify or discontinue the
Site without prior notice. CDW shall not be liable to
you for any modification to or discontinue of the Site.
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9. |
MISCELLANEOUS |
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9.1 |
This Agreement, and any disputes arising out of or in
connection with this Agreement or these Terms of Use,
shall be governed by and construed in accordance with
the laws of the Hong Kong Special Administrative Region,
without giving effect to any principles of conflicts of
law. If any provision of this Agreement shall be unlawful,
void, or for any reason unenforceable, then that provision
shall be deemed severable from this Agreement and shall
not affect the validity and enforceability of any remaining
provisions. This Agreement and the Privacy Practices constitute
the entire agreement between you and CDW relating to the
subject matter herein. |
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9.2 |
CDW's failure to enforce any right or failure to act
with respect to any breach by a User under these terms
and conditions will not waive that right nor waives CDW's
right to act with respect with subsequent or similar breaches.
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