"HKMA" means the Hong Kong Medical Association. "Agreement" means the terms and conditions referred to below, in respect of which you agree to be bound in the event that you access or use the Web Site (as defined below). "User" means you, the Web Site User. "Web Site" means any HKMA web site. "Information" means any and all materials contained in the Web Site, which is delivered by or on behalf of the HKMA or any associates thereof.
2. Ownership of the Web Site
The Information contained on the Web Site is owned by, licensed or authorized by the web site operator, its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Web Site is owned by HKMA or its licensors or its content or technology providers except where otherwise specified.
3. Basis of Use of the Web Site
The User agrees to the following:
a) that it understands, acknowledges and accepts the exclusion of liability and disclaimer provisions contained hereafter;
b) that subject to Clause 3(f) it will only view the Information for its own private purpose and it shall not publish, reproduce, store or retransmit any of the Information contained in the Web Site at any time;
c) that it shall not use the Information for any unlawful purpose or in any unlawful manner or for any purpose or in any manner not unauthorized by this Agreement;
d) that it shall not use or interfere with the Web site or the Information other than in accordance with this Agreement and without limitation in such a way so that all or part of the Web Site or the Information is or could be interrupted, reproduced, stored, retransmitted, published, damaged, rendered less efficient, corrupted or in any way impaired;
e) that it shall not use the Web Site, or the Information in any manner which may constitute an infringement of any third party rights (including but not limited to rights of copyright, trademark or confidentiality);
f) that it shall not use the Web Site to retransmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of HKMA;
g) that it shall not run any tools on the Web Site that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, educational or any other use (please also refer to Clauses 3b to 3f);
h) that in the event that it has any right, claim or action against any other User or third party arising out of the use of the Web Site, it shall pursue such right, claim or action independently of and without recourse to HKMA;
i) that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Web Site shall remain vested in HKMA at all times;
j) that it acknowledges that HKMA has no obligation to provide the Web Site or any Information or to ensure that the User is able to use, provide and/or access the Information and the Web Site;
k) that it shall indemnify and keep indemnified HKMA against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information, the Web Site or breach of the User's obligations under his agreement;.
l) HKMA and those acting on behalf of HKMA have the right to change the content of the site, remove and/or ban users that are seen to contravene this disclaimer at any time without notice.
4. Guidelines for linking to HKMA Website
A Site that links to HKMA website
a) may link to but not replicate HKMA content;
b) should not create a browser of border environment around HKMA content;
c) should not imply that HKMA is endorsing it;
d) should not misrepresent its relationship with HKMA;
e) should not present false information about HKMA;
f) should not use the HKMA logo without permission from HKMA;
g) should not contain content that could be constructed as distasteful, offensive or controversial and should contain only content that is appropriate for all age groups.
5. Exclusion of Liability/ Disclaimer
a) HKMA provides the Web Site and the Information on an "as is" basis and makes no warranty or representation whatsoever about the availability, completeness, accuracy, satisfactory quality, and/or fitness of the same for a particular purpose.
b) This site may provide a link to other sites to leave this site to access third-party material, or by bringing the third-party material into this site via "inverse" hyperlinks and framing technology (a "linked" site). The probity of any linked sites and the veracity of any linked sites have not been checked by HKMA, and HKMA has no discretion to alter, update, or control the content on a linked site. Any information submitted or any reliance placed on the same is entirely at the risk of the User.
c) The fact that HKMA has provided a link to a site is not an endorsement, authorization, sponsorship or affiliation with respect to such sites, its owners or its providers.
d) HKMA makes no warranty or representation whatsoever about
i.the reliability or technical efficiency of the Web Site;
ii.the security measures (if any) contained in the Web Site and in particular the protection afforded to any Information or other information and data.
e) HKMA disclaims any and all liability (to the extent permitted by law) in respect of
i. the accuracy or reliability of any opinion, advice or statement made through the site by any party other than the HKMA;
ii. any rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions on any linked sites;
iii. any contents provided on linked sites which can be accessed via the Web Site;
iv. any information provided by third parties which can be accessed via the Web Site or which are contained in the information;
v. any damage to the User, the User's computer hardware, software or other material or equipment resulting from the user accessing or using the Web Site or the Information.
f) Whilst HKMA uses all reasonable endeavors to exclude viruses from the Web Site it cannot ensure such exclusion and it accepts no liability for viruses and the User is therefore recommended to take all appropriate preventative measures and ensure all appropriate safeguards are in place before downloading information from the Web Site. Similarly, the User undertakes to take all appropriate protective measures and to ensure all appropriate safeguards are employed to prevent the introduction of viruses by the User to the Web site.
6. Amendments to Terms and Conditions
HKMA reserves the right to vary these Terms and Conditions from time to time. The User's continued use or access of the Web Site after such variation shall be deemed to confirm the User's acceptance of any such variation. It is the User's responsibility to check these Terms and Conditions regularly to determine whether any such variation has been made. If the User does not wish to be bound by any varied Terms and Conditions it should cease using and accessing the web site immediately.
If any provision of this Agreement shall be prohibited by or adjudged by a Court to be unlawful, void or unenforceable such provision shall to the extent required be severed from this Agreement and rendered unenforceable as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect the validity or enforcement of this Agreement.
8. No Waiver
No failure or delay on the part of any of the parties to this Agreement relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any preceding or succeeding breach by the other party to this Agreement.
9. Entire Agreement
This Agreement comprises the full and complete understanding between the parties and supersedes all prior arrangements and undertakings whether written or oral appertaining to the subject matter of this Agreement. We strongly advise that you to review this Agreement before you enter the site. You acknowledge and agree that nothing herein and no statement by us or any employee, representative, agent or other person associated with us has in any way prevented or inhibited you in any way from seeking such advice prior to entering into this Agreement.
10. Acceptance and Execution of Agreement
By entering to the site, you are acknowledging that you agree to all of the terms, conditions, promises, warranties, duties and obligations set forth in the above Agreement.