This Statement is, except where separate and distinctive statements are provided, applicable to the HGC Global Communications group of companies, including HGC Global Communications Limited and HGC MultiMedia Services Limited. Accordingly, references to "we", "us", or "our company" etc. mean to the relevant company within the HGC Global Communications group of companies.
This disclaimer applies to :
the use of any services and information obtained through “hgc.com.hk” (”HGC Site”) offered by HGC Global Communications Limited; or “hutchcity.com” (”HutchCITY Site”) offered by HGC MultiMedia Services Limited (HGC Services);
all information stored on or receivable through this or any other associated servers (collectively “HGC Servers”) (Information); and
any goods or services offered, accessed or obtained through the HGC Global Communications Site or HutchCITY, by you (the User).
This note limits the liability of HGC Global Communications Limited and its associated companies, employees, agents, contractors and any third party Information provider (collectively “HGC”) in relation to any such use, information, goods and services.
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 suchinfringement (Copyright Infringement ) will occur.
HGC expressly, to the extent permitted by law, disclaims any responsibility, representation or warranty:
in relation to the quality, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of the HGC Services or the Information;
in relation to any goods or services accessed, offered or obtained through the HGC Servers or the HGC Services or pursuant to the Information;
that any access to the HGC Servers, the HGC Services or the Information will be uninterrupted or error free or that the Information does not contain any viruses, or contaminating or destructive properties;
that the Information will not be objectionable or offensive to the User or any other person; and
for any error, omission or misstatement in or arising from the Information. HGC does not endorse or recommend any person, organization, name, product or service referred to in the Information, nor does the Information constitute HGC’s views or opinions. HGC 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 the HGC Servers or the HGC Services unless and only to the extent expressly stated in writing otherwise.
Limitation of Liability
o the extent permitted by law, HGC 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:
any direct loss;
any consequential or indirect loss (including without limitation loss of revenue or profits); or
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 HGC Services. Without limitation to the foregoing, HGC shall not be liable to the User or any other person, body corporate, unincorporated association or an authority for any failure, delay, malfunction or non-performance of the HGC Services or any function relating thereto directly or indirectly due to the advent of year 2000.
In consideration of HGC allowing the User access to the Information, HGC Site/HutchCITY Site, HGC Servers and/or HGC Services, the User agrees:
not to carry out or allow any Copyright Infringement;
not to use the Information or the User's access to the HGC Site/HutchCITY Site, HGC Servers and/or HGC Services for any illegal, improper, obscene or defamatory purpose;
to take all steps to ensure the Information does not damage the User's information or systems;
to HGC conducting research on access to the Information;
to all HGC's disclaimers and limitations of liability set out in this disclaimer, and to HGC's personal data policies current from time to time applying.
Law and Severability
Hong Kong law governs this disclaimer, and each part of this disclaimer shall apply to the extent permitted thereby. Any part of this disclaimer 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 disclaimer nor affect the validity or enforceability of that part in any other jurisdiction. Where this disclaimer is available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.