Terms and Conditions | Asia IP - Intellectual Property News and Analysis

Introduction

These Website Standard Terms and Conditions (the “Terms” or the “Website Standard Terms and Conditions”) govern all websites or related services owned, operated or provided by Apex Asia Media Limited (referred to as “Apex Asia”).

This website contains materials from a range of publications and sources owned by Apex Asia, including, but not necessarily limited to, Asia IP, Asia Cargo News and events orgainsed by Apex Asia. It also contains

These terms shall govern your use of this website, including all pages within this website (collectively referred to herein below as “this site”). These terms apply in full force and effect to your use of this website and by using this website you expressly accept all terms and conditions contained herein in full. You must not use this website if you have any objection to any of these Website Standard Terms and Conditions.

Intellectual Property Rights

All rights in and to the content of this site belong to us and are protected by the Intellectual Property laws of Hong Kong and other countries. We may license third parties to use the Content at our sole discretion.

Permitted Uses
You may use the Sites and the Content solely for your own personal use and benefit and not for resale or other transfer or disposition to any other person or entity.

You may:

retrieve and display content on a computer screen or other digital device, print a single copy of individual pages on paper (but not photocopy them) and store such pages in electronic form on disc or other digital media (but not on any server or other storage device connected to a network); and
use the social media options where the facility is available to post content from our site to third party sites without further charge, provided such other individuals and sites also comply with these restrictions on use ; and
use the "Email this story to a friend" option where the facility is available to email an article from this site to other individuals without further charge, provided such other individuals also comply with these restrictions on use.

Notwithstanding the above, you may quote from or paraphrase extracts of the content to the extent permitted and strictly in accordance with any applicable laws, on the condition that appropriate source and copyright attribution is given in each case.

Restrictions
You may not:

use, reproduce, modify, transfer, exploit, distribute or dispose of any content for any commercial purposes, whether direct or indirect, in any manner that might compete with our business (including, without limitation, by making content available to anyone other than a Subscriber where such Content is accessible through subscription only).
publishing any material from this website in any other media;
sell, sublicense and/or otherwise commercialize any material on this site;
publicly perform and/or show any material from this site;
use this website in any way that impacts user access to this site;
use this website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to this website, or to any person or business entity;
engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this website, or while using this site;

Certain areas of this website are restricted from access by you, and Apex Asia may further restrict access by you to any areas of this website, at any time, at its sole and absolute discretion. Any user ID and password you may have for this website are confidential and you must maintain the confidentiality of such information.

All trade marks/logos appearing on the Sites may belong to Apex Asia or third parties. None of these marks may be used without the express prior written permission of the respective owners.

Save for where provided otherwise in these Terms, distributing, sharing, copying, posting, scanning, forwarding, selling, publishing, retransmitting or otherwise providing access to any part of the Content to anyone without our express prior written permission, is not authorised and may be a violation of national copyright laws.

Any request for permission to republish, reprint or use any articles from any of the Sites or our trade marks for any purpose other than those permitted under this Clause 3 (or any relevant Specific Terms) should be sent to editorial@asiaiplaw.com.

For the avoidance of doubt, where the provisions of any applicable law prohibit the extent to which certain activities can be restricted under this Clause 3, any such restrictions shall apply to the fullest extent permitted in accordance with such law.

Your Obligations

The site is not intended for users of under eighteen (18) years of age, and such individuals are not permitted to be Registered Users or Subscribers. If individuals under eighteen (18) years of age wish to view material on any site as a visitor, their parent or guardian must agree to these Terms on their behalf.

You represent and warrant that:

you have the capacity to agree to these Terms; and
you are at least eighteen (18) years of age.

You undertake that you will, and if you are a Subscriber, you will procure that any licensed user under your subscription will:

comply with all applicable laws in relation to the site, including without limitation, laws relating to the use of Intellectual Property;
not use the site or the content outside the scope of permitted use stated above, nor infringe any Intellectual Property or other rights in or relating to the Site or the Services or of any third party;
not copy, reproduce, recompile, decompile, disassemble, reverse engineer, upload, download, transmit, create derivative works from or otherwise exploit or tamper with any site or any software embodied in any Site or Service;
not prevent or restrict the use of this site or Service by other authorised users nor hack into or cause damage to any server or other equipment operated by us; and
comply fully with these Terms (including, without limitation, the obligations set out in Clause 10, and any additional copyright notices and applicable Specific Terms).

You are responsible for procuring the necessary equipment and the payment of telephone, internet and other charges necessary to access and/or use any site. We are not responsible for the reliability or continued availability of the telephone lines, internet and equipment you use to access and/or use this site.

Our Obligations

We will exercise reasonable skill and care in our provision of the Services provided to Registered Users and Subscribers, but from time to time faults may occur, in which case we will use reasonable efforts to repair them as soon as reasonably practicable.

We will endeavour to ensure all subscriptions or other Services are priced correctly on the Sites (or otherwise in the Content). However, errors may occur. If such a pricing error is discovered, we reserve the right to give you the option of either cancelling your order for any particular subscription or other Service or reconfirming your order at the correct price.

Warranties
This website is provided “as is”, with all faults, and Apex Asia makes no express or implied representations or warranties of any kind related to this website or the materials contained on this website. Additionally, nothing contained on this website shall be construed as providing consult or advice to you. The views expressed on this website may not be those of Apex Asia or its directors and employees.

Registration and Subscriptions

In order to access certain areas of the site, you must register with us as either a Registered User or a Subscriber, as follows:

certain content is available free of charge once you register with us, in which case you may access or receive them on these terms as a Registered User; or
charges are payable for access to certain content, in which case you may receive such services on these terms as a Subscriber who has paid the relevant charges for a specified period of time, and either a specified number of licensed users or a site licence.

In order to register with us, you must provide us with accurate and complete information. It is your responsibility to inform us of any changes to that information (including, without limitation, your email address), by updating your details on the relevant section of the site or contacting us. If you do not provide accurate and complete information when you register, we may not be able to provide the services or content that you request or that are suitable to you.

In some cases, before you can access some content as a Registered User, you may need to create an account.

When you register, you will be given one or more user names and passwords, as appropriate for your registration or subscription to the site.

Except to the extent a user name and password is intended for more than one licensed user as agreed by us in writing, the following are not permitted:

any Registered User or Subscriber under any subscription, sharing their user name and password with any other person or entity, including with any agent of such user; nor
access through a single user name and password being made available to multiple users on a network.

We reserve the right to access and monitor password-protected information, including any information which you upload or input and any information concerning your activities in relation to the Site or any content, in order to fulfil our obligations in these terms, to protect or comply with our legal rights and obligations and for other purposes as set out in our privacy statement and all in accordance with the terms of our privacy statement. We may also use cookies and similar technical tools as set out in our privacy statement to collect information about your visit to our Sites and display advertisements that may be of interest to you and for such other purposes as are set out in our privacy statement. Our Privacy Policy sets out further details of our use of cookies and similar technical tools together with details of how to turn those cookies on and off.

As a Registered User and/or Subscriber, you agree we may refer to the name of your business and to the Services we have provided to you when marketing our business.

Subscription Charges and Refund Policy

Subscribers must pay certain charges in order to receive the relevant subscription service, unless we agree otherwise for a trial period. In most cases, details of applicable charges can be found on the site. Where charges are not published on a site, the applicable charges will be as agreed between you and us. All payments (including any applicable taxes) must be made in any currency that we may specify. We may direct you to make payments to another Group Company or third party payment agent. If we (or our designated agent) do not receive payment for any charges due, we may immediately suspend your rights in relation to the relevant site and/or content. You are responsible for the payment of all charges associated with the use of the Service, Site and/or Content using your user name and password.

If we cancel your rights in relation to any subscription service, unless you are or have been in breach of these terms, we shall refund you on a pro rata basis any subscription charges you have paid in advance (for the relevant cancelled subscription) which relate to any unexpired part of the subscription period at the date of cancellation. You will still be responsible for any fees or other charges incurred by you until the cancellation of your rights in relation to the relevant subscription Service.

If you cancel your subscription to any Service in accordance with Clause 8.4 below prior to the end of the subscription period:

you shall be entitled to a refund on a pro rata basis of any subscription charges you have paid in advance for any complete months remaining of the subscription period at the date of cancellation beyond the minimum term;
we shall deduct from the refund due an administration fee of US$150; and
if you were granted any discount on the full value of the subscription charges for the subscription period, we may recalculate the value of the Minimum Term of the subscription period on the basis that no discount was applied to such Minimum Term.

Without prejudice to earlier clauses, the parts of the Sites showing Services or other products and services for purchase are intended as advertisements only and shall not constitute offers to sell those Services, products or services by us, our Sponsors or any of our divisions. All advertised prices for such products or services are subject to change without notice. See also Clause 13 below in relation to third party products and services.

Linking

You may create a link from your website to certain content of this site, and provided that you do not link to this site from any website containing any material which would be in breach of any clauses above or which is otherwise unlawful.

Upon linking to this site pursuant to these terms, we shall grant you a non-exclusive, non-transferable, royalty-free license to use our trade marks solely for the purposes of providing an underlined, textual link from your website to this site. Without prejudice to other clauses, no other use of our trade marks or name is permitted without our express prior written permission.

Deep Linking or Framing is not permitted without our express prior written permission. You must seek and obtain our express prior written permission before Deep Linking or Framing the Site or any Content by contacting us

Advertisements, Links and Third Party Transactions

This site may contain:

links to External Sites. We shall endeavour to highlight such links although some External Sites may be co-branded with ours. External Sites may advertise or provide the opportunity for you to purchase Third Party Services; and/or
advertisements for, and/or the opportunity for you to purchase third party services or products or services from us or our Group Companies.

The content of external sites and third party services is not maintained or controlled by us and we are therefore not responsible for the availability, content or accuracy of external sites and third party services. We do not make any warranty, express or implied, with respect to the use of the links provided on, or to, a site or Service, nor guarantee the accuracy, completeness, usefulness or adequacy of external sites and third party services, nor make any endorsement, express or implied, of any external sites and third party services. Any advertisement or promotion on a site of a third party service is not an inducement by us for you to enter into any agreement with the relevant third party.

You agree not to hold us liable for any loss or damage incurred as the result of any such contracts with external sites and third party services, communications or other dealings or the presence of such third parties on any site.

Limitations of Liability

DISCLAIMER: WITHOUT PREJUDICE TO THE REMAINING PROVISIONS OF THESE TERMS, YOU AGREE THAT YOUR USE OF ANY CONTENT IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THIS SITE, CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE CONTENT IS MADE AVAILABLE FOR YOUR GENERAL INFORMATION AND ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION FORMING PART OF THE CONTENT IS NOT INTENDED FOR TRADING OR TO ADDRESS YOUR PARTICULAR REQUIREMENTS. THE CONTENT DOES NOT CONSTITUTE ANY FORM OF ADVICE, RECOMMENDATION OR ARRANGEMENT BY US (INCLUDING, WITHOUT LIMITATION, INVESTMENT ADVICE OR AN OFFER OR SOLICITATION TO BUY OR SELL ANY SECURITY, FINANCIAL PRODUCT OR LEGAL SERVICE) AND IS NOT INTENDED TO BE RELIED UPON BY USERS IN MAKING (OR REFRAINING FROM MAKING) ANY SPECIFIC INVESTMENT OR OTHER DECISIONS. APPROPRIATE INDEPENDENT ADVICE SHOULD BE OBTAINED BEFORE MAKING ANY SUCH DECISION. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE CONTENT. SAVE AS PROVIDED IN THESE TERMS, NEITHER WE NOR OUR LICENSORS AND/OR REPRESENTATIVES MAKE ANY REPRESENTATIONS OR WARRANTIES AND, TO THE FULLEST EXTENT ALLOWED BY LAW, EXCLUDE ALL IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF SATISFACTORY QUALITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE) REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, AVAILABILITY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITES, CONTENT OR SERVICES; OR THE RESULTS OBTAINED FROM ACCESSING AND USING THIS SITE, SERVICE OR CONTENT. FURTHER, WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; DEFECTS WILL BE CORRECTED; THIS SITE, THE SERVICE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR THE USE OF ANY OF THE CONTENT WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

Neither we, nor any Representatives will be liable to you for:

any incidental, punitive, indirect, special or consequential damage, loss or expenses, including but not limited to any loss of business, contracts, revenue, or profits, any business interruption, security breach, loss of data, loss of goodwill or reputation or other pecuniary loss suffered by you, even if we or any of our Representatives have been advised of their possible existence; nor

any direct damage loss or expenses arising from loss of customers, loss of profits, loss of anticipated profits or loss of savings security breach or loss of data.

Neither we nor any Representative shall be liable to you for any direct or indirect damage, loss or expenses suffered by you as a result of:

any viruses, worms, "Trojan horses" or similar programs, denial of service attack, spamming or hacking or consequential damages or any claim against us by any other party; or
any fault, inaccuracy, omission, delay or any other failure in the site or a service caused by your computer equipment or arising from your use of the service on such equipment; or
any inaccuracies or errors in or omissions from any content including, but not limited to, quotes and financial data; or
any delays, interruptions or short-term or immaterial errors in the transmission or delivery of the site or a service; or
any additions, deletions or changes made to the content at any time.

Without prejudice to the above clause and except where you are a Subscriber who has paid the relevant subscription charges, neither we nor any Representative shall be liable to you for any direct or indirect loss, damage or expenses arising by any reason of non-performance by us of these Terms or any other term of our agreement with you.

Without prejudice to the limitation of liability provisions above, in the event that you incur any loss, damage or expense arising out of your use of this site, content or a service, you agree that our liability to you shall be limited to the sum of the subscription fees payable by you for services provided in the twelve (12) month period preceding the date on which the claim arose (which, for the avoidance of doubt, shall not include any fees paid during such period for Services provided before such period, nor any fees paid in advance during such period for Services provided after such period).

Changes to Content

We reserve the right to delete or change any aspect of the content, the interactive areas, the site and/or any of the technical specifications or any aspect of the same. You agree and acknowledge that such changes may result in you being unable to access the whole or any part of this site.

Force Majeure

We shall not be deemed to be in breach of these Terms by reason of any delay in performing, or any failure to perform any service or our obligations in relation to these Terms, if the delay or failure was due to any cause beyond our reasonable control, including but not limited to acts of God, explosions, floods, fire or accident, war or threat of war, terrorism or threat of terrorism, sabotage, civil disturbance, epidemics, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, or industrial actions or trade disputes (whether involving our employees or of third parties).

In the event we are so hindered or prevented, we shall take reasonable steps to give notice of suspension as soon as reasonably possible to Subscribers and Registered Users, stating the date and extent of the suspension and its cause. We shall resume the performance of those obligations that have been suspended as soon as reasonably possible after the removal of the cause. In the event that the cause continues for more than one (1) month we shall refund you for any subscription charges you have paid in advance for any suspended Service.

Assignment and Sub-Contracting

You may not assign, sub-license or otherwise transfer any of your rights under these Terms without our prior written consent.

We may assign, sub-contract or transfer any and all of our rights and obligations under these Terms to any Group Company or any entity who acquires a substantial part of the assets of our business without your prior written consent.

Indemnification

You hereby indemnify to the fullest extent Apex Asia from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable lawyer’s fees) arising out of, or in any way related to, your breach of any of the provisions of these Terms. For the avoidance of doubt, this indemnity shall extend (without limitation) to any losses which we may suffer as a result of the use by third parties of your user name and password, except in circumstances where you can demonstrate to our satisfaction that such third party obtained the relevant details through no fault (including, without limitation, negligence) of your own.

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Changes to these Terms

Apex Asia make amendments to the provisions of these Terms at any time as it sees fit. Any amended Terms will be posted on this site, and by using this website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this website.

It is your responsibility to refer regularly to these Terms and note any amendments. Amendments will come into effect immediately on the amended Terms being posted on this site and you will be deemed to have accepted them if you access the site after that time. If you do not wish to accept them, you must cancel these Terms as described above.

Assignment

Apex Asia shall be permitted to assign, transfer and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer or subcontract any of your rights and/or obligations under these Terms.

Entire agreement

These Terms, including any legal notices and disclaimers contained on this website, constitute the entire agreement between Apex Asia and you in relation to your use of this website, and supersede all prior agreements and understandings with respect to the same.

Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of Hong Kong, and you submit to the non-exclusive jurisdiction of Hong Kong and courts located in Hong Kong for the resolution of any disputes.

Contact Us

If you have any questions or complaints about this website or any of the materials contained within, please contact Apex Asia immediately at the following address:

Apex Asia Media Limited
21/F Gold Shine Tower
346-348 Queen’s Rd Central
Hong Kong
Telephone: +852 3996 9540
Email: editorial@asiaiplaw.com