Last updated May 2021
1. Definitions. Capitalised terms used in these Terms shall have the following meanings:
- (i) “IP Rights” means any trademarks, service marks, logos, trade names, corporate names, Internet domain names, patents, registered designs, copyrights, design rights, database rights, rights in designs, inventions, semiconductor topography rights, know-how, trade secrets or any similar right exercisable anywhere in the world, and all applications or rights to apply for the same (where such applications can be made), whether presently existing or created in the future, and whether registered or not, and all benefits, privileges, or rights to sue, recover damages and obtain relief for any past, current or future infringement, misappropriation or violation of any of the foregoing rights;
- (ii) “Loss” or “Losses” means losses, liabilities, judgments, awards, damages, fines, penalties, sanctions, settlements, claims, demands, actions, costs, charges and expenses of whatsoever nature (including legal fees);
- (iii) “Third-Party Materials” means any software or Website Content provided, uploaded, transmitted, submitted or posted by or sourced from any third party;
- (iv) “Third-Party Provider” means any other entity or individual (including any Users or any of our service providers), who provides, uploads, transmits, submits, posts or is the source of any Third-Party Materials;
- (v) “Users” means anyone, other than you, who accesses, views or uses the Site;
- (vi) “Website Content” means any data, material or information, of any nature or format whatsoever, including any text, software, images, graphics, logos, trademarks, photos, video clips, sound, audio files, directories, layout, button icons, databases or listings, that are made available on or through this Website, including any comments;
- (vii) “you” or “your” means you, the person who is accessing, using or viewing this Website; and
Whenever the words include, includes, including or in particular (or similar derivatives) are used, they are deemed to be followed by the words without limitation.
2. Changes to Terms and Website.
From time to time, JRG may modify the Terms as it sees fit without any prior notice or liability to you. Accordingly, please review the Terms whenever accessing or using this Website. Your use of this Website after we post the amended version of the Terms will constitute your acceptance of the Terms as modified. If, at any time, you do not accept the amended Terms, then you should stop using this Website.
This Website (in whole or in part) may be modified by us from time to time, without any prior notice or liability to you.
3. Termination. You are free to stop using this Website at any time. We have the right to suspend or terminate your access to and use of this Website (in whole or in part) at any time at our sole discretion and without notice or liability.
4. Intellectual Property. Unless otherwise indicated, all IP Rights subsisting in and in relation to this Website and Website Content belong to JRG or its third-party licensors absolutely. Any feedback, comments or suggestions you may provide regarding this Website, Website Content or JRG’s or its Affiliates’ business and operations is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
5. Licence. Up until the time we terminate, suspend or disable your use or access to this Website at any time and for any reason, you shall have the non-exclusive right to view this Website Content solely for your personal use, and may download material from this Website and/or make one print copy for your own personal, non-commercial use, provided that you leave intact all trademarks and service marks and retain all copyright and other proprietary notices.
6. Restrictions on use of Website and Website Content. You shall not modify, copy, download, reproduce, rent, lease, loan, sell, frame, create links to, republish, transmit, reverse engineer, distribute, publish, display, perform, modify, upload to, or create derivative works based on, this Website or the Website Content (in whole or in part), except as expressly permitted under Clause 0 (Licence) above. You shall not use any of JRG’s IP Rights in any manner which creates or is likely or intended to create the impression that they belong to or are associated with you or are used with JRG’s consent, and you acknowledge that you have no ownership rights in and to any of JRG’s IP Rights.
7. Your Conduct.
- (i) You agree that:
- (a) you will only use this Website and Website Content solely for your own internal use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity;
- (b) you will not engage in any activity that interferes with or disrupts this Website, or the servers and networks through which this Website is operated or hosted;
- (c) you shall not install, upload or transmit (or allow the installation, uploading or transmission of) any viruses or instructions, codes, techniques or devices capable of disrupting, disabling, damaging, shutting down, monitoring or gaining unauthorised access to this Website or other telecommunications or computer systems or devices or any data transmitted through or stored on the foregoing;
- (d) you are solely responsible for, and we have no responsibility to you or to any third party for any breach of your obligations under these Terms or for your actions or omissions.
- (ii) You agree to use this Website and Website Content in accordance with all applicable laws and the Terms, and shall not contravene or infringe upon any third party’s rights (including IP Rights).
8. Disclaimer and Limitation of Liability.
- (i) This Website, Website Content and Third-Party Materials are for general reference and information purposes only, and is not intended to amount to any advice or an invitation to invest in JRG or any of its Affiliates.
- (ii) You agree that your use of this Website, the Website Content and Third-Party Materials are at your sole risk, and are each provided “as is” and “as available”. To the full extent permissible by applicable law, JRG and its Affiliates disclaim, limit and exclude all express or implied warranties, representations or conditions, liability or Losses of any kind in relation to this Website and the Website Content (including any warranties or conditions of accuracy, quality, completeness, currentness, adequacy, reliability, validity, merchantability, non-infringement, title or fitness for a particular purpose or use of this Website, any Website Content or Third-Party Materials). Without limiting the generality of the foregoing, you acknowledge that JRG and its Affiliates make no representations or warranties that:
- (a) this Website is compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device;
- (b) this Website, any Website Content or Third-Party Materials will meet your requirements or be uninterrupted, timely, secure, be free of errors, omissions, defects, viruses, worms, “Trojan horses” or any codes or devices capable of disrupting, damaging, monitoring or gaining unauthorised access to any computer systems or devices or any data transmitted through or stored on them;
- (c) any defects in the operation or functionality of this Website, Website Content or Third-Party Materials will be corrected; and
- (d) this Website, Website Content or Third-Party Materials will be accurate, comprehensive, complete or up to date.
- (iii) You acknowledge and agree that the provision of certain parts of this Website may be subject to the terms and conditions of other agreements to which JRG is a party and may be outside JRG’s control.
- (iv) To the fullest extent permitted by applicable law, JRG, its Affiliates, their respective partners, employees, officers, agents, sub-contractors, successors and assigns shall not be liable to you in tort (including negligence), contract, breach of statutory duty or otherwise for any Loss whatsoever arising out of or in connection with this Website, the Website Content, Third-Party Materials or these Terms, whether such Loss is general, consequential, incidental, direct, indirect, special or punitive, and whether or not we have been advised or should have been aware of the possibility of such Losses.
9. Indemnification. You agree to indemnify, defend and hold harmless JRG, its Affiliates, and their respective officers, employees, representatives, suppliers and agents, against any Losses arising from any content you may submit, pass to or transmit through this Website, your use of and access to this Website, the Website Content or Third-Party Materials, your violation of the Terms, or your violation of a third party’s rights.
The Website may include hyperlinks to other websites, content or resources, which are hosted, offered or provided by third parties unrelated to us. You understand and agree that:
- (i) we have no control over and does not monitor (and is not responsible for the availability, content or accuracy of) such third-party websites, content, or resources;
- (ii) we provide no guarantees or warranties, and are not responsible for any such external sites, content or resources (or any products, goods or services promoted, referred to or offered on such external sites or resources); and
- (iii) we do not endorse any websites linked to this Website, or any advertising, products, goods, services or other materials on or available from such websites or resources.
11. Governing Law. The Terms shall be governed and construed in accordance with the laws of the Hong Kong Special Administrative Region. You agree to submit to the non-exclusive jurisdiction of the courts in the Hong Kong Special Administrative Region with respect to any legal proceedings that may arise in connection with this Website or from a dispute as to the interpretation or breach of the Terms.
12. Access Outside of Hong Kong. JRG does not represent that this Website is appropriate or available for use in jurisdictions outside Hong Kong. If you choose to access this Website from outside Hong Kong, you are responsible for compliance with foreign and local laws.
13. Severability. If any provision of the Terms is found 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.
15. Third-Party Rights. Except for the rights granted to the relevant third parties under Clause 8 (Disclaimer and Limitation of Liability) and Clause 9 (Indemnification), these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any provision of these Terms. The rights of the parties to rescind or vary these Terms are not subject to the consent of any other person.
16. Assignment. You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer our rights or obligations under these Terms to any third party without your consent.
17. No Waiver. Any waiver of any rights or of a breach of these Terms must be in writing, and such waiver is limited to the particular right or breach stated therein.
18. Language. These Terms are drafted in the English language. If these Terms are translated into any other language, the English language version shall prevail.