YOUR USE OF THIS WEBSITE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND AGREEMENT TO BE BOUND BY THEM.
1.1 Capitalised terms used in these Terms shall have the following meanings:
"Intellectual Property Rights" means any trademarks, service marks, logos, trade names, corporate names, Internet domain names, patents, registered designs, copyrights, database rights, rights in designs, inventions, semiconductor topography rights, know-how, trade secrets or any similar right exercisable in any part of the world, whether registered or not, and including any applications for the registration of any such rights.
"Loss" or "Losses" means losses, damages, liabilities, judgments, awards, fines, penalties, sanctions, settlements, claims, demands, actions, costs and expenses of whatsoever nature (including, without limitation, attorney/legal fees for both internal and external counsel; costs related to investigation, arbitration, litigation or settlement; loss of profit; loss of revenue; loss of business; loss of data; loss of opportunity; business interruption; and loss of goodwill).
"Personal Data" means any data or information relating to an individual and from which it is practicable for the identity of the individual to be directly or indirectly ascertained, and in a form in which access to or processing of the data is practicable (including, but not limited to, photographs, names, addresses, titles, telephone numbers, email addresses and other personal details).
"Terms" means these terms and conditions for use of the Website.
"Website" applies to our official website (http://www.bld-world.com/)
"Website Content" means any data, material or information, in any format whatsoever, including (without limitation) any data files, text, computer software, images, graphics, photos, video clips, sound, audio files, directories or databases, that are made available on or through the Website.
"you" or "your" means you, the person or entity who is accessing or viewing the Website.
"we", "us" or "our" means BLD World Limited and each of its affiliates, subsidiaries and parent companies.
2. Acceptance of these Terms
3. Changes to these Terms
3.1 We may amend the Terms from time to time in our sole discretion without any notice or liability to you. Without prejudice to the foregoing, the latest version of the Terms shall be posted on the Website. By continuing to use the Website after such amended Terms have been posted on the Website, you agree to be bound by such amendments.
4. Changes to the Website
4.1 We may, in our sole discretion and at any time, without notice to you, add to, amend, remove, alter, suspend or terminate the Website or Website Content.
5. Your Conduct
5.1 You agree that:
6. Warranties and Disclaimers
The Website Content is provided for your general reference only, and is not intended to amount to any advice, representations or warranties on which you should rely. Website Content, particularly images, graphics, and photos, are for the purposes of preview and reference and do not reflect the diversity and specification of every material, application or other defining feature in likeness or exactness. It is your responsibility to exercise your own judgment and to obtain professional or specialist advice before taking or refraining from taking any action based on the Website Content.
6.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE".
6.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL CONDITIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE OR WEBSITE CONTENT, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES AS TO MERCHANTABILITY OR QUALITY.
6.3 WITHOUT PREJUDICE TO THE GENERALITY OF CLAUSE 6.4 ABOVE, WE MAKE NO REPRESENTATIONS OR WARRANTIES:
6.4 ANY MATERIALS, INCLUDING WEBSITE CONTENT, DOWNLOADED OR OTHERWISE OBTAINED OR ACCESSED THROUGH THE WEBSITE IS AT YOUR SOLE RISK AND DISCRETION, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICES OR LOSS OF DATA THAT RESULTS FROM SUCH.
7. Limitation of Liability
7.1 Nothing in this Clause 7 or Clause 6 above shall exclude or limit any warranty or liability that may not be lawfully excluded or limited under applicable law. Our liability will be limited to the maximum extent permitted by applicable law.
7.2 WE SHALL NOT BE LIABLE TO YOU IN CONTRACT, TORT OR OTHERWISE FOR ANY LOSSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, DIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES) WHICH MAY ARISE IN RELATION TO THE WEBSITE OR THE WEBSITE CONTENT, IRRESPECTIVE OF WHETHER OR NOT WE WERE ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH LOSSES IN ADVANCE.
8.1 You hereby agree to indemnify, defend and hold us harmless, and each of our partners, officers, directors, agents, affiliates, and licensors, from and against all Losses that may arise directly or indirectly out of or in connection with:
9. Intellectual Property Rights
9.1 You acknowledge and agree that we (or our licensors), own all legal rights, titles and interest, including any Intellectual Property Rights, in and to the Website and the Website Content.
9.2 Nothing in these Terms shall give you a right to use any of our (or our licensors) trade names, trademarks, service marks, logos, copyright, domain names or any other Intellectual Property Rights.
9.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Website or Website Content.
10.1 The Website may include hyperlinks to other websites, content or resources, which are hosted, offered or provided by unrelated third parties or our affiliates. You understand and agree that:
11.1 Governing Law and Jurisdiction
These Terms are governed by the laws of Hong Kong, and are subject to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
11.2 Force Majeure
Without prejudice to the generality of Clauses 6 and 7 above, under no circumstances shall we be liable for any delay or failure or disruption in relation to the Website or Website Content resulting directly or indirectly from anything beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, labour disputes, war, riots, civil disturbances, shortages of labour or materials, fires, flood, typhoons, earthquakes, explosions, acts of God, actions or orders issued by governmental or regulatory authorities or any courts or tribunal with applicable jurisdiction, or non-performance of third parties.
If any of these Terms are held invalid, illegal or unenforceable by any court or tribunal of competent jurisdiction, it will be severed and the remaining terms will continue in full force and effect as if these Terms had been made without the invalid, illegal or unenforceable terms. Each clause and sub-clause herein shall be treated as a separate and independent provision, and the unenforceability of any one clause shall in not impair the enforceability of any of the other clauses in these Terms.
11.4 Entire Agreement
These Terms contain the entire agreement between you and us and replaces all previous written or oral agreements in relation to the Website and Website Content.
A failure or delay by us to exercise any right or act upon a breach under these Terms will not be a waiver of that right or breach. Any waiver by us of any of our rights or of a breach of these Terms must be in writing, and such waiver is limited to that particular right or breach stated therein.
You may not transfer any of your rights or obligations under these Terms without our written consent. We may transfer our rights or obligations or both to any person or entity, including any of our affiliates, without your consent.