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PLEASE READ THESE CONDITIONS OF USE CAREFULLY. IF YOU DO NOT AGREE TO ANY OF THEM,
DO NOT ACCESS ANY PART OF THIS WEBSITE.
By using or accessing any part of this Website, you confirm and agree to the following
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1. |
Definition
These Conditions of Use govern the use of this Website through which certain commercial
services are offered (the “Services”). The terms “HDBS” and “we” as used herein
refer to Hutchison DBS Card Limited, which is a joint venture company jointly operated
and owned by Whampoa Limited (“Whampoa”) and DBS Bank (Hong Kong) Limited (the “Bank”).
The terms “you” and “User” as used herein refer to all individuals and / or entities
accessing the Services for any reason or any purpose. The term "Contents" as used
herein refer to all or any of, as the case may be, the data, text, button icons,
links, HTML codes, trademark, software, music, sound, photographs, graphics, still
pictures, series of moving pictures (whether animated or not), videos, merchandise,
products, advertisements, services or any compilation or combination of them and
any other contents or materials that may be found on any website or any webpage. |
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2. |
Legality and Jurisdiction
All information, material and opinions appearing on this Website are directed at
and restricted to persons resident in or entities having a place of business in
the Hong Kong Special Administrative Region (“HKSAR”) and are not intended for access
or use in other jurisdictions. In certain countries, governmental, legal or regulatory
requirements may restrict or prohibit the accessing and / or use of the information,
products and Services provided by this Website. You confirm that no such requirements
apply to you or in respect of your use of this Website.
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3. |
Use of Information
All information, materials and opinions together with the Services appearing on
this Website, (including text, graphics, data, links, calculation tools or other
items) are provided “as is” without warranty or condition of any kind and are subject
to change without notice at our discretion. The information, materials and opinions
appearing on this Website have been taken from public or other sources believed
to be reliable and are provided by us in good faith. Although efforts have been
made to ensure accuracy, we (or Whampoa or the Bank as applicable) cannot accept
any responsibility for and do not warrant or represent that such Services, information,
materials or opinions are true, correct, adequate, accurate, complete or fair or
free from any virus or fit for any particular purpose, and they should not be relied
on as such.
All Contents, data, ideas, concepts and other information collected or derived from
the information made available to us through this Website together with the Contents
of this Website shall deemed to be and remain our property and we shall have free
use of it without any confidentiality or other restriction, except if agreed in
advance in writing or to the extent required by the law of the HKSAR.
You understand that the technical processing and transmission of the Services may
involve (a) transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices. HDBS, Whampoa
or the Bank shall, accordingly, in no circumstances, be liable for any failure of
any Services in whole or in part or for your inability to gain access in whole or
in part to such Services due to the delay or failure of any communication networks
or any party providing such access.
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4. |
Registration
You may be asked to provide some personally identifiable information for registration
before certain Services become available to you. You undertake to (a) provide true,
accurate, current and complete personally identifiable information about yourself
as required, (b) maintain and promptly update your personally identifiable information
to keep it true, accurate, current and complete and (c) provide true, accurate,
current and complete information about any Contents posted or offered by you through
any Websites (the “Other Information”). If you provide any personally identifiable
information and/or Other Information that is untrue, inaccurate, non current or
incomplete, or HDBS has reasonable grounds to suspect that such is untrue, inaccurate,
non current or incomplete, HDBS has the right to suspend or terminate your account
or refuse any and all current or future use of the Services (or any portion thereof). |
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5. |
Minors
If you are under the age of eighteen, a minor or not capable of assuming legal responsibility,
you should seek advice from your parents or guardians as to the meaning and consequences
of these Conditions of Use before using any of the Services. You must not provide
us with your personally identifiable information unless you have received the consent
from your parents or guardians. HDBS presumes that every User of the Websites has
the requisite capacity required for any use of any of the Services and, by using
any of the Services, you undertake and warrant to us that you have the requisite
capacity. HDBS is not obliged to verify the age or capacity of any Users, but in
the event it is discovered that any Users lack the requisite capacity, HDBS reserves
the rights as may be available against such Users, or the parents or guardians of
such Users, including the right to be indemnified by them against all the loss or
damage suffered by us as the result of the said lack of capacity or to cancel their
registration and terminate their access to the Website. |
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6. |
Data Policy
Personally identifiable information is subject to our Data Policy. |
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7. |
Password and Security
Password and Security
You have to input a User ID and password during on-line registration for future
log-in to access certain Services provided by this Website. You are responsible
for maintaining the confidentiality of the User ID and password and are fully responsible
for all activities that occur under such User ID and/or password. You agree to (a)
immediately notify HDBS of any actual or possible unauthorized use of your User
ID or password or any other breach of security and shall confirm the same in writing
without delay to HDBS and (b) ensure that you log out at the end of each visit to
the Website. Until HDBS has received any written confirmation referred to under
item (a) above, you shall have no claim against HDBS and shall be liable to HDBS
for all losses and damages incurred by HDBS in respect of any use of the Services
whether authorized by you or not. Notwithstanding the aforesaid, HDBS cannot and
will not be liable for any loss or damage arising from your failure to comply with
this Section.
You acknowledge that your User ID and password are confidential and must not be
disclosed to any other person(s) under any circumstances. Any words, action or conduct
whether intentional or unintentional, by you breaching that confidentiality shall
render you liable to HDBS for all losses and damages thereby caused. You shall take
all necessary precautions to maintain the confidentiality of the User ID and password.
You hereby agree and acknowledge that the use of the Services by any person whatsoever
(whether authorized by you or not) with your User ID and/or password shall constitute
and be deemed the use of the Services by you.
You acknowledge and agree that the only duty of HDBS is to verify the password and
HDBS shall not be liable in respect of: (a) any loss or damage suffered by you or
any other person as a result of any failure to effect or execute instructions through
various electronic delivery channels or perform any obligation thereunder where
such failure is attributed either directly or indirectly to any circumstances or
events outside our control; or (b) any other loss or damage whatsoever suffered
by you or by any other person as a result of any instructions through various electronic
delivery channels given with the correct User ID or password.
You acknowledge that, given the nature of the Internet, we cannot guarantee that
any transmission of personally identifiable information, Contents or Other Information
under any Services is completely secure. By using or accessing any Services and
in consideration of such access and use, you acknowledge that you are satisfied
that the security features that we have adopted are adequate for all your purposes.
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8. |
User Conduct
Under no circumstances will HDBS, Whampoa or the Bank be liable in any way for any
Contents and Other Information for, including but not limited to, any errors or
omissions, or any loss or damage of any kind incurred as a result of the use of
any Contents and/or Other Information posted or offered via the Services. Any Contents
and Other Information posted to or accessed via this Website, whether publicly posted
or privately transmitted, are the sole responsibility of the person from which such
Contents or Other Information originated.
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You undertake not to use the Services to: |
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upload, post, email, offer or otherwise transmit any Contents in respect of which
you have no right (either proprietary, contractual or fiduciary) to transmit or
which is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory
or otherwise objectionable;
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impersonate any person or entity by way of transmitting any forged or manipulated
Contents through the use of any Services;
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c. |
upload, post, email, offer or otherwise transmit any Contents that :
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infringe any proprietary rights or intellectual property rights including, but without
limitation, patent, trademark, copyright, trade secret of any party;
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contain software viruses or any other computer code, files or programs that would
interrupt, destroy or limit the functionality of the Website and/or computer software
or hardware or telecommunications equipment constituting them;
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upload, post, email, offer or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, “junk mail”, “spam”, “pyramid schemes” or any
other form of solicitation except when expressly authorized to do so by us;
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interfere with or disrupt the Services or servers or networks through which the
Services is provided, or disobey any requirements, procedures, policies or regulations
of such networks;
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collect or store personally identifiable information about other Users.
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You acknowledge that HDBS has the right in its sole discretion to refuse or remove
any Contents that is available via the Services. You undertake to evaluate, and
agree to evaluate and to bear all risks associated with the use of any Contents
and Other Information, including any reliance on the presumed accuracy, completeness,
or usefulness of such Contents. In this regard, you acknowledge that you may not
rely on any Contents created by HDBS.
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9. |
Use of Public Area
The webpages where the public can freely access at this Website constitute the public area.
The public area includes but is not limited to the forum in various lifestyle channels, and
the forum and album that are open to both User and general guest.
Before you send any Contents which include text, picture, graphic, sound track and video,
Other Information or personally identifiable information,
you must check whether you are sending it in the public area of this Website.
If you are sending it in the public area, you acknowledge that you are doing so voluntarily and all such
Contents you voluntarily make available in the public area are not to be regarded as being collected by HDBS and that
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HDBS is granted a world-wide, unlicensed, free-of-charge and non-exclusive right to reproduce, share,
modify, repackage, translate and publish such Contents as long as you elect to continue to keep such Contents in the Websites,
and terminate whenever you or HDBS deletes such Content; |
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any person may use such Contents for the purpose of exchanging emails or chatting between or amongst Users or introducing you to
Users.
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You agree to indemnify and keep us indemnified against all losses, damages, liabilities,
costs (including reasonable legal costs) and expenses suffered and/or incurred by us arising from your publishing or provision of
any Contents and/or Other Information in this Website (including in the public area).
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10. |
Merchandise
All merchandise, products or services offered, introduced or mentioned in the Websites
by third parties (other than Whampoa and the Bank ) ("Merchandise") are not offered
or provided by us. You make no reliance whatsoever on HDBS, Whampoa or the Bank
regarding the accuracy or reliability of any of the information that may be accessed
via the platform provided through this Website concerning such Merchandise. The
contracts for the purchase, acquisition or obtaining of the Merchandise will be
formed between you and the third parties selling, offering, or providing the same.
HDBS, Whampoa or the Bank are not a party to those contracts and is simply providing
a platform through which the effecting of commercial activities can be facilitated.
You are strongly encouraged to make whatever investigation you feel necessary or
appropriate before proceeding with any transaction with any of the said third parties.
HDBS, accordingly, makes no and/or disclaims all representations and warranties,
express or implied, with respect to availability, merchantability, fitness for a
particular purpose, any implied warranties arising from course of performance or
course of conduct in relation to the Merchandise. HDBS, Whampoa or the Bank shall
not be responsible and shall in no event be liable for any damages whatsoever, including,
without limitation, costs of procurement of substitute goods or services, lost profits,
lost data or any direct, indirect, special, punitive, incidental, exemplary or consequential
damages relating to the unavailability, use, inability to use, performance or non-performance
of the Merchandise that is offered, introduced, mentioned or provided in or via
this Website.
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Indemnity
You agree to indemnify, hold harmless and defend HDBS and its related companies,
affiliates, officers, employees, agents, contractors, other partners, Whampoa or
the Bank (together with the officers, employees, agents or contractors of Whampoa
and the Bank) against any and all claims, actions, proceedings, damages, injuries,
liabilities and all costs suffered or incurred as a result of your use of this Website,
including but not limited to (a) any of your acts or omissions in breach of any
or all of these Conditions of Use or (b) your use of any Services provided by this
Website. |
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12. |
No Resale of Services
You undertake not to reproduce, duplicate, copy, sell, resell or otherwise exploit
for any commercial purposes, any portion of the Services, use of the Services, or
access to the Services. |
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13. |
Hyperlinks
This Website may contain hyperlinks to other sites or pages on the world wide web
which are not maintained or controlled by HDBS, Whampoa or the Bank and for which
HDBS, Whampoa or the Bank are not responsible. Hyperlinks to those Internet resources
are at your own risk. We do not investigate, verify, monitor or endorse the Contents,
accuracy, opinions expressed, and other links provided by those resources. You acknowledge
and agree that HDBS, Whampoa or the Bank shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in connection
with the use of or reliance on any such information, Contents, goods or services
available on or through any such sites or pages. |
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Mobile Channel
In respect of the mobile channel, you acknowledge that the designated mobile telecommunication
devices made accessible to the Services are able to access only certain Internet
addresses, that you can only view documents the formats of which are supported by
our designated software and that certain pop-up windows may not be supported and
you acknowledge that any alteration, reconfiguration or similar acts done to the
relevant mobile telecommunication devices (including the hardware and software contained
therein) would result in the alteration of the said design and may cause the Services
to be disrupted and/or become inaccessible.
You understand and acknowledge that HDBS, Whampoa and the Bank are not the manufacturer
of the relevant mobile telecommunication devices nor a wireless telecommunication
service provider and HDBS, Whampoa or the Bank shall, in no event, be liable for
any direct, indirect, incidental, special, consequential or exemplary damages resulting
from (a) the use or failure to use the Services via the relevant mobile telecommunication
device(s); (b) the access or failure to access the mobile channel via the relevant
mobile telecommunication device(s); (c) any matters relating to any use of or the
failure to use the relevant mobile telecommunication device(s)relating thereto;
and (d) any damage or loss of data to your mobile telecommunication device whether
or not caused by the use of the Services.
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System Failure
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Under no circumstances shall HDBS, Whampoa or the Bank be liable for any failure
of performance, system, server or connection failure, error, omission, interruption,
breach of security, computer virus, malicious code, corruption, delay in operation
or transmission, transmission error or unavailability of access in connection with
your accessing this Website and/or using the online services even if HDBS had been
advised as to the possibility.
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Communications over the Internet may be subject to interruption, transmission blackout,
delayed transmission or incorrect data transmission due to the public nature of
the Internet or otherwise. HDBS, Whampoa and the Bank shall, accordingly, in no
circumstances, be liable for any failure of any Services in whole or in part or
for your inability to gain access in whole or in part to such Services due to the
delay or failure of any communication networks or any party providing such access.
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Disclaimer
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You expressly understand and agree that: |
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Your use of the Services is at your own risk, to the extent permitted by law, HDBS,
Whampoa and the Bank expressly disclaim all warranties of any kind, whether express
or implied, including, but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement.
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HDBS, Whampoa and the Bank make no warranty that (i) the Services will meet your
requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the Services will be accurate
or reliable, (iv) the quality of any Contents obtained by you through the Services
will meet your expectations, and (v) any errors in any software will be corrected.
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Any Contents downloaded or otherwise through the use of the Services are obtained
at your own discretion and risk and that you will be solely responsible for any
damage to your computer system / devices or loss of data that results from the download
of any such contents.
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No advice or information, whether oral or written, obtained by you from HDBS, Whampoa
and the Bank or through or from the Services shall create any warranty not expressly
stated in these Conditions of Use.
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Liability
We, Whampoa and the Bank accept no liability (express or implied) for any damages,
loss or other liability whatsoever or any consequential, incidental, exemplary or
special damages (including but not limited to any loss of profits, goodwill, use,
data or other intangible losses), whether or not we (or Whampoa, the Bank or any
third party) have been advised of the possibility of such damages as a result of
(a) your acceptance and/or use of the Website or products or Services provided (b)
your inability to use the Website or products or Services provided (c) unauthorized
access to or alteration of your transmissions or personally identifiable information
(d) statements or conduct of any third party in connection with any Services (e)
your reliance on any information or material available or opinion appearing on this
Website or (f) any other matter relating to the Services. |
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Copyright and Ownership
You shall not distribute, modify, transmit, reuse, repost, reverse engineer, decompile
or make any use of the Contents of this Website for public, commercial or other
purposes other than private personal use, without our prior consent in writing.
Nothing contained in this Website should be construed as granting a license or right
to use any trademarks or other intellectual property rights in this Website without
the written express permission of the owner. You undertake not to reproduce, duplicate,
copy, sell, resell, or otherwise exploit for any commercial purpose, any portion
of the Services, use of the Services, or access to the Services. All title, copyrights
and other intellectual property rights in and to this Website and its Contents are
owned by HDBS or by the respective content owners and are protected by applicable
copyright and other intellectual property laws. HDBS reserves the right to terminate
the registration of any User upon notice of any infringement of the copyrights or
other property rights of others in conjunction with use of the Website.
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Modifications to Services
HDBS (or Whampoa or the Bank as applicable) provides the Services to you, subject
to these Conditions of Use, which may be updated and revised by us, Whampoa or the
Bank (as applicable) from time to time by posting the revised version on the Website.
Some Services may be subject to additional terms and conditions which will be made
known to you upon you expressing your intent to use those Services. Those additional
terms and conditions are hereby incorporated by reference into these Conditions
of Use.
HDBS (or Whampoa or the Bank as applicable) reserves the right at any time and from
time to time to modify or discontinue, temporarily or permanently, the Services
(or any part thereof) with or without notice. You agree that HDBS, Whampoa or the
Bank shall not be liable to you or to any third party for any modification, suspension
or discontinuance of the Services. HDBS, Whampoa or the Bank assume no responsibility
for the timeliness or misdelivery of the Services.
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Promotions and Advertisements
Your correspondence or business dealings with, or participation in promotion of
third parties (other than Whampoa and the Bank) placing advertisements on the Websites
or other parties found on or through the Services, including payment and delivery
of related goods or services, are subject to their applicable terms and conditions.
Any other terms, conditions, warranties or representations associated with such
dealings are solely between you and those third parties. HDBS, Whampoa and the Bank
shall not be responsible or liable for any loss or damage of any sort incurred as
the result of such dealings or as the result of the presence of such promotions
and advertisements on the Website.
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Miscellaneous
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The information and materials contained in or accessed through this Website shall
not be considered or construed as an offer or solicitation to sell, buy or otherwise
deal in or as the giving of any advice in respect of shares, stocks, bonds, notes,
interests, unit trusts, mutual funds or other securities, investments, loans, advances,
credits or deposits in any jurisdiction.
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When you visit this Website, your domain name server address and the pages visited
will be recorded for preparation of statistics and analysis. Some other information
will be gathered through the use of "cookies". Cookies are small pieces of information
that are automatically stored on your web browser in your computer that can be retrieved
by this Website.
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The information contained in these pages is not intended to provide professional
advice and should not be so relied upon. Persons accessing these pages are advised
to obtain appropriate professional advice when necessary. |
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Severability
If any one or more of these Conditions of Use, or their application in any circumstance,
is held invalid, illegal or unenforceable in any respect for any reason, the validity,
legality and enforceability of that term or condition in any other respect and the
remaining Conditions of Use shall not in any way be impaired. |
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Governing Law and Jurisdiction
The information and materials contained in or accessed through this Website are
provided on the basis they are available and for use only in the HKSAR. By accessing
this Website and/or using the online services, you agree that such access and/or
use, as well as these Conditions of Use shall be governed by, and construed in accordance
with, the laws of the HKSAR and you agree to submit to the non-exclusive jurisdiction
of the courts of the HKSAR.
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If there is any inconsistency or conflict between the English and Chinese versions
of these Conditions of Use, the English version shall prevail. |
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