Notice on Disclaimer, Copyright and Limitation of Liability
Application
This Terms applies to:
the use of workman.com.hk;
all information stored on or receivable through this or any other workman.com.hk server ("Information"); and
any goods or services offered, accessed or obtained through workman stores (collectively "workman") by you ("the User"). This notice limits the liability of A1 WORKMAN LIMITED and its associated companies, subsidiaries, employees, agents, contractors and any third party Information provider (collectively "A1workman") in relation to any such use, Information, goods and services.
General Disclaimer
A1workman expressly disclaims any responsibility, representation or warranty:
in relation to the quality, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of, workman.com.hk or the Information;
in relation to any goods or services accessed, offered or obtained through workman.com.hk or pursuant to the Information;
that any access to workman.com.hk or the Information will be uninterrupted or error free or that the Information does not contain any viruses, or contaminating or destructive properties;
that the Information will not be objectionable or offensive to the User or any other person;
for any error, omission or misstatement in or arising from the Information. A1workman does not endorse or recommend any person, organisation, name, product or service referred to in the Information, nor does the Information constitute A1workman's views or opinions. A1workman will not be a party to any transaction between the User and any third person in any way relating to the Information or made through workman.com.hk unless and only to the extent expressly stated in writing otherwise.
Copyright
The Information may be protected under intellectual property laws and rights (including without limitation laws protecting copyright). If the User downloads, copies, transmits, publishes, stores or otherwise uses the Information without the consent of the owner of such rights, the User may infringe such laws or rights. It is the User's responsibility to determine whether any such infringement ("Copyright Infringement") will occur.
Limitation of Liability
A1workman shall not be liable to the User or any other person whether in tort, contract, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for:
any direct loss;
any consequential or indirect loss (including without limitation loss of revenue or profits); or
the User's liability to any other person, which is suffered or incurred by the User or any other person arising under or in any way out of the Information or workman.com.hk's use.
Confidentiality
A1workman does not warrant (and accepts no responsibility for) confidentiality of any information or data whether personal or otherwise transmitted through workman.com.hk. A1workman's current practice is to take reasonable steps to maintain confidentiality.
User's Obligations
In consideration of A1workman allowing the User access to the Information and / or workman.com.hk, the User agrees:
not to carry out or allow any Copyright Infringement;
not to use the Information or the User's access to workman.com.hk for any illegal, improper, obscene or defamatory purpose;
to take all steps to ensure the Information does not damage the User's information or systems;
to ensure that all information which you provide to workman.com.hk is true and accurate to the best of your knowledge;
to A1workman conducting research on access to the Information;
to all A1workman's disclaimers and limitations of liability set out in this notice; and
to A1workman's personal data policies current from time to time applying.
Third Party Merchants
We may have on-line stores or service providers hosted in our Websites which are operated by third party merchants. If you want to use, order or receive any services and/or products from any of them, please note that any personally identifiable information you provide, once transferred to the relevant merchant, is beyond our control and thus outside the scope of protection afforded by us.
Third Parties Websites
workman.com.hk may contain materials produced by third parties or links to other websites. A1workman accept no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to workman.com.hk) which are not under A1workman's direct control. A1workman reserves the right to require the removal of any link from another website to workman.com.hk which is installed without obtaining the prior written consent of A1workman.
Indemnity
User agrees to hold A1workman harmless and indemnify A1workman against all losses, damages, claim, demands, liabilities, costs (including legal costs), and expenses in connection with your use of workman.com.hk in breach of the terms and conditions herein or negligence.
Availability and Suitability of Services
A1workman does not warrant that the information or materials contained in workman.com.hk are current or accurate or that any of the products or services featured on workman.com.hk are available. A1workman may change the materials appearing on workman.com.hk at any time without notice.
Law and Severability
Hong Kong law governs this notice, and each part of this notice shall apply to the extent permitted thereby. Any part of this notice which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction only to the extent of the prohibition or unenforceability. That does not invalidate the remaining parts of this notice nor affect the validity or enforceability of that part in any other jurisdiction. Where this disclaimer is available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.
TERMS AND CONDITIONS FOR THE USE OF www.workman.com.hk
Part I : Terms regarding the Use of the Website
Provision of Service & Data
All services offered on the Website ("Services") shall, unless explicitly stated otherwise, be subject to these terms and conditions. You understand and agree that A1workman assumes no responsibility for the timeliness, deletion, mis-delivery or failure of the provision of any Services.
You understand that the technical processing and transmission of the Services may involve :
transmissions over various networks;
changes to conform and adapt to technical requirements of connecting networks or devices.
A1workman 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.
Registration
You may be asked to fill in one or more than one of our registration or application forms (on-line or otherwise) before certain Services become available to you. In filling in those forms, you undertake to :
provide true, accurate, current and complete personally identifiable information about yourself as required;
provide true, accurate, current and complete information about any contents posted or offered by you through any Websites ("Other Information"); and
maintain and promptly update your personally identifiable information and Other Information to keep it true, accurate, current and complete.
If you provide any Other Information or personally identifiable information that is untrue, inaccurate, not current or incomplete, or A1workman has reasonable grounds to suspect that such is untrue, inaccurate, not current or incomplete, A1workman has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
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 terms and conditions 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. A1workman 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. A1workman is not obliged to verify the age or capacity or any Users, but in the event it is discovered that any Users lack the requisite capacity, A1workman 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.
Account PIN & Password
You will receive a password and/or Personal Identification Number ("PIN") upon completing our on-line registration form. You are responsible for maintaining the confidentiality of the said passwords and PIN, and are fully responsible for all activities that occur under those passwords or PIN. You agree to
immediately notify A1workman of any unauthorized use of your passwords or PIN or any other breach of security; or
ensure that you exit from your passwords or PIN at the end of each visit to the Websites. A1workman cannot and will not be liable for any loss or damage arising from your failure to comply with this clause 9 or your use of any digital or electronic certificates in connection with the Services.
You acknowledge that the said passwords and PIN 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 A1workman for all losses and damages thereby caused. You shall take all necessary precautions to maintain the confidentiality of the said passwords and PIN. You hereby agree and acknowledge that the use of the Services by any person whatsoever (whether authorised by you or not) with those passwords and PIN shall constitute and be deemed the use of the Services by you. You shall notify A1workman immediately of any actual or possible unauthorised use of those passwords and PIN and shall confirm the same in writing without delay to A1workman. Until A1workman has received such written confirmation you shall have no claim against A1workman and shall be liable to A1workman for all losses and damages incurred by A1workman in respect of any use of the Services whether authorised by you or not.
You acknowledge and agree that the only duty of A1workman is to verify those passwords and PIN and A1workman shall not be liable in respect of:
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 attributable either directly or indirectly to any circumstances or events outside our control: and
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 password and/or PIN.
Modifications of Services
A1workman 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 A1workman shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
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.
Part II : General Terms
Assignment and Termination
Unless otherwise expressly stated herein, your rights under these terms and conditions are not assignable by you. A. S. workman reserves the right to deny access to or the use of the Website by any User at any time without prior notice.
Law and Severability
The Terms shall be construed in accordance with, and this agreement is governed by the laws of the Hong Kong Special Administrative Region of the Peoples' Republic of China ("Hong Kong") and each part of these terms and conditions shall apply to the extent permitted thereby. Any part of these terms and conditions which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction only to the extent of the prohibition or unenforceability. That does not invalidate the remaining parts of these terms and conditions nor affect the validity or enforceability of that part in any other jurisdiction. Where these terms and conditions are available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.
Enquiries
Should you have any enquiries concerning our Privacy Policy and seek help for services which are provided by A1 workman, please feel free to contact our Customer Services Manager ;
Customer Services Manager
workman
：
7th Floor, Fuk Chiu Industrial Building,
20 Bute Street,
Mongkok, Kowloon
Email Address： info@workman.com.hk
Please note that these terms and conditions may be amended from time to time without prior notice. You are advised to check it on a regular basis.
免責聲明及通知
關於免責聲明、版權及責任限制的通知
適用範圍
本通知適用於：
a. www.workman.com.hk 之使用("本網站")；
b. 本伺服器或任何其他www.workman.com.hk伺服器所儲存或取得的資料（下稱「有關資料」）；
c. 任何透過精英師傅提供或閣下（下稱「使用者」）藉其索取或獲得之貨品或服務。本通知限制精英師傅及其聯營公司、子公司、僱員、代理人、承辦商及任何第三方資料供應者就該等使用、有關資料、貨品及服務所承擔之責任。
一般免責聲明
精英師傅明確表示不對下列事宜承擔責任或作出陳述或保證：
a. workman.com.hk或有關資料的質量、運作、使用、準確性或時效，或對任何目的之適合性或用途；
b. 透過workman.com.hk或根據有關資料索取、提供或獲得之任何貨品或服務；
c. 瀏覽workman.com.hk或有關資料時不受干擾，或資料正確無誤，或有關資料不含任何電腦病毒或不具污染性或破壞性；
d. 有關資料不會令使用者或其他人士反感或厭惡；
e. 有關資料含有或會引致錯誤、遺漏或失實陳述。 精英師傅並不認可或推薦有關資料提及的任何人士、機構、名稱、產品或服務，而有關資料亦不代表精英師傅的觀點或意見。精英師傅不會參與使用者與第三者就有關資料或透過workman.com.hk而進行的交易，但以書面另有說明者除外，而即使參與，亦僅限於所說明的程度。
a. 不會進行或容許進行任何侵犯版權的活動；
b. 不會利用有關資料或workman.com.hk之使用權，作任何非法、不當、淫褻或誹謗的用途；
c. 採取一切措施，確保有關資料不會損害使用者的資料或系統；
d. 確保閣下向精英師傅提供的一切資料，均為閣下深知屬於真實及準確之資料；
e. 容許精英師傅對有關資料的使用進行研究調查；
f. 接納本通知所載的一切精英師傅免責聲明及責任限制條款；
g. 接納不時適用的精英師傅個人資料政策。
除非另外明確表明，否則所有服務連同任何增加或提升目前所提供的服務的新功能，均受條款約束。閣下知悉並同意，精英師傅無須為任何服務及/或資料的時效性、刪除、錯誤提供或未能提供而承擔任何責任。
閣下知悉，服務及/或資料的技術處理及傳輸可能涉及
a. 透過各種網絡進行傳輸；及
b. 為遵循或適應連接網絡或裝置而作出變更。
因此，在任何情況下，倘由於任何通訊網絡或提供接駁的任何方面發生延誤或失效以致任何服務全部或部份失效或無法獲取全部或部份該等服務及/或資料，精英師傅概無須承擔責任。
登記
閣下可能( 在網上或以其他方式 ) 填寫本公司一份或多份登記或申請表格，方可使用若干服務及/或資料。填寫該等表格時，閣下即承諾：
a. 按要求提供有關閣下個人的真實、準確、最新及完整個人識別資料；
b. 提供有關閣下透過任何網站所刊登或提供任何內容的真實、准確、最新及完整資料 （「 其他資料」）；
c. 保持並及時更新閣下的個人識別資料及其他資料，以保其真實、准確、最新及完整。
若閣下提供失實、不準確、過時及不完整的任何其他資料或個人識別資料，或精英師傅有合理理由懷疑該等有關資料失實、不準確、過時或不完整，則精英師傅有權暫停或終止閣下的戶口，並拒絕閣下使用任何目前或將來的服務及/或資料（或其任何部份）。
閣下進行網上登記時，需於表格上填上戶口識別代碼及/或個人密碼。閣下須負責保密上述戶口識別代碼及密碼，並對根據該等戶口識別代碼或密碼所發生的所有活動承擔全部責任。閣下同意
a. 如發生任何未經授權使用閣下的戶口識別代碼或密碼或違反安全的任何其他情況，將立即通知精英師傅；
b. 確保閣下在每次結束瀏覽網站時，自閣下的戶口識別代碼或密碼中退出。精英師傅無法且不會對因閣下未能遵守本文第9條的規定而產生的任何損失或損害承擔責任。
閣下承認並同意，精英師傅的唯一職責僅在於核實戶口識別代碼及密碼，且精英師傅無須：
a. 當有關故障是直接或間接因本公司無法控制的情況或事件造成承擔閣下或任何其他人士因未能透過各種電子傳送渠道作出或執行指示或履行有關該等指示的任何義務而遭受的任何損失或損害；
b. 承擔閣下或任何其他人士因以正確的戶口識別代碼及/或密碼透過各種電子傳送渠道提供的指示而遭受的任何損失或損害。
