1.1 This website is owned and operated by the Hong Kong and China Gas Company Limited ("Towngas").
1.2 This agreement ("Agreement") sets forth the terms and conditions under which Towngas is willing to authorize your access to the Site and to provide you with the Online Services. You must accept the Agreement before you access the Site and/or use the Online Services.
1.3 By accepting this Agreement, you are expressing your intent to enter into, and are entering into, a binding legal contract between you and Towngas. If you access the Site and/or use the Online Services on behalf of an entity, you represent that you are duly authorized to represent such entity and you accept the Terms and Conditions of this Agreement on its behalf. The Terms and Conditions of this Agreement then apply to your access of the Site and/or your use of the Online Services. If you do not wish to accept this Agreement, you should leave the Site immediately.
2. Authorized Use
2.1 The Site and the Online Services are for use by persons located in Hong Kong only. The information contained in the Site and the Online Services is not intended for distribution to, or use by, any persons located outside Hong Kong.
2.2 Towngas grants you the right to access and use of the Site and/or the Online Services on the condition that:
(i) you undertake and agree not to use, copy, distribute, transmit, broadcast, display, sell, license or publish the information or any part thereof provided in the Site or the Online Services for any purposes other than your own personal and non-commercial use; and
(ii) you shall not use the Site, the Online Services and/or any information provided by the Site or the Online Services and any part thereof in any means which may jeopardise any rights of Towngas or any other companies within its group; and
(iii) you acknowledge, represent and warrant that:
(a) you have the sole and absolute responsibility for any consequences arising out of your submission of any information, data, graphic, pictures, images, text, article, hyperlink or any other content ("the Submitted Content") to Towngas, and/or any posting or publication of the Submitted Content in the Site or through the Online Services;
(b) you have all necessary licences, rights, consents or approvals for you to use, or to license Towngas or its agents to use, the Submitted Content in the Site or Online Services;
(c) you have obtained the written consent from each of the persons whose personal data may be contained in the Submitted Content for using, posting, disclosing or publishing their personal data in the Site or Online Services;
(d) you shall not post any Submitted Content in the Site or through the Online Services that may be protected under copyright, trade mark, patent or other intellectual property rights, unless you are the owner of the relevant rights, or have obtained the necessary consent or approvals from the lawful owners for you to use the relevant rights in the Site or through the Online Services or to grant Towngas or its agent a right to use the relevant rights;
(e) you shall not publish any false, incorrect, or misleading information which may prejudice Towngas or any third parties;
(f) you shall not submit any information that is illegal, obscene, defamatory, degrading, intimidating, indecent, harassing, annoying, racist, offensive, or incite any acts or conducts that are in contravention of any laws, improper or immoral;
(g) you shall not post any advertisement or procure business in the Site or through the Online Services without Towngas' prior approval;
(h) you shall not misrepresent yourself as other persons or entities.
2.3 You are granted a limited, non-exclusive, revocable licence for viewing, printing or downloading of any information, data, graphic, pictures, images, text, article, hyperlink or any other content from the Site or the Online Services by you for your personal and non-commercial use, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other uses.
3. Intellectual Property Rights
3.1 Save for the Submitted Content, any content, information, data, pictures, images, text, article, organization, graphics, design, compilation, translation, digital conversion and other matters related to the Site or the Online Services are owned by Towngas or its licensors and are protected under all applicable copyrights, trade marks, patent and other intellectual property rights which may exist now or in the future. Any copying, distribution, use or publication by you of any such matters or any part of the Site or the Online Services, except allowed in the "Authorized Use" section, is strictly prohibited. You do not acquire ownership rights to any content, data, document or other materials viewed through the Site or the Online Services.
3.2 Towngas or its group of companies do not grant you any right, whether express or implied, to use their names, trade marks, service marks, trade names or logos.
3.3 When you post the Submitted Content to the Site or the Online Services, you authorize and direct Towngas or its agent to make such copies thereof as they deem necessary in order to facilitate the posting and storage of the Submitted Content on the Site or the Online Services. By posting your Submitted Content to any part of the Site, you automatically grant Towngas and the users of the Site and the Online Services a royalty-free, irrevocable, perpetual, non-exclusive licence for any reasonable uses of the Submitted Content.
3.4 You may remove the Submitted Content from the Site or the Online Services at any time, and the licence granted in Section 3.3 above will automatically expire upon such removal. However, you acknowledge that Towngas, its group of companies or its agents may retain archived copies of your Submitted Content and you authorize Towngas, its group of companies or its agent to make and retain such archived copies even the licence granted in Section 3.3 has expired.
3.5 Subject to the terms and conditions in the Agreement, you retain full ownership of all of your Submitted Content and any intellectual property rights associated with your Submitted Content.
4.1 The Site or the Online Services contain links or browsing indexes to other Websites (the "Linked Websites"), but the Linked Websites are not controlled by Towngas. Towngas, its group of companies, the agents, sub-contractors, directors and employers of Towngas or its group of companies ("the related persons") shall not be responsible for the content, accuracy or opinions expressed in the Linked Websites or any hyperlinks in the Linked Websites.
4.2 The hyperlinks are for your convenience only. The inclusion of hyperlinks does not represent, express or implied, any approval or endorsement of the Linked Websites or the goods and services provided in the Linked Websites by Towngas, its group of companies or the related persons. If you connect to any of the Linked Websites, you do so at your own risk.
4.3 Towngas does not monitor any representations in the Linked Websites in relation to any promotions, or the quality, safety or legality of the goods and services offered for sale. The responsibilities of any materials in the Linked Websites (including product information and prices) shall be with the operators of the Linked Websites. Any information stated in the Linked Websites can be amended by the operators without notice. Towngas, its group of companies or the related persons shall not be responsible for the price or any changes of price, including the changes of price which have not yet reflected at the Linked Websites. Any transactions or businesses between the Linked Websites and you shall be at your own risk. Towngas is not a party to any transactions between the Linked Websites and you.
5. Complaint Policy
Towngas respects the intellectual property rights of others and prohibits users from uploading, posting or otherwise transmitting on the Site or the Online Services any materials that violate another party's intellectual property rights. If you believe that any material on the Site or the Online Services infringes upon any intellectual property rights including copyright which you own or control, you may send a written notification of such infringement to our email at email@example.com. We shall investigate the alleged infringement and take any actions as Towngas deems necessary to stop any infringement, including but not limited to removing the infringing materials from the Site or the Online Services or blocking access to the infringing materials.
6.2 For any personal data contained in your Submitted Content, you acknowledge that Towngas holds, processes or uses such personal data solely on your behalf, and does not hold, process or use, as the case may be, those data for any of its own purposes. Towngas is therefore not a data user in respect of such data for the purpose of the Personal Data (Privacy) Ordinance (Cap 486).
7.1 You expressly understand and agree that you use the Site and the Online Services at your own risk. All information and materials are provided "As Is" and "As Available" without any warranty of any kind. To the fullest extent legally permissible, Towngas disclaims any warranties, express or implied, regarding any matter whatsoever relating to or referenced by the Site and the Online Services, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. In no event will Towngas be liable for any indirect, special, incidental, or consequential damages arising out of the use of the Site and the Online Services and the content, data or information contained in the Site and the Online Services.
7.2 Towngas does not warrant that:
(i) the Site and the Online Services will satisfy your requirements;
(ii) the Site and the Online Services will be uninterrupted, current, safe or error free;
(iii) the content, information and data contained in the Site and the Online Services are accurate and reliable; and
(iv) the content, information and data contained in the Site and the Online Services are within your expectation.
7.3 You should always make your own back-up copies for any materials that you intend to upload or post at the Site or the Online Services. Towngas shall not be liable for any loss of data arising from failure to properly save any materials in the course of uploading, downloading or transmission, and for any problems, viruses, Trojan horse virus or the like arising from the process of uploading, downloading or transmission.
8.1 You hereby waive and agree to indemnify, defend, and hold harmless Towngas, its groups of companies and their respective directors, employees, agents and subcontractors ("Indemnities") from any liability, damage, loss, or expense (including reasonable attorneys' fees and expenses of litigation) incurred by or imposed upon the Indemnities or any one of them in connection with any claims, suits, actions, demands, or judgments arising out of or connected with your use of the Site and the Online Services which is in contravention of this Agreement, except to the extent that such liability is due to the negligence of Towngas.
9.1 Towngas may, in its sole discretion and without prior notice to you, modify the content, data, functionality, presentation or information of the Site or the Online Services. Towngas will not be responsible for any effects such modification may have on you or your use of the Site or the Online Services.
11.1 The right to access and use the Site and the Online Services granted to you under the Agreement are non-transferable.
11.2 Towngas may assign its interest in the Site and the Online Services, and any benefits and obligations under the Agreement without prior notice at its own discretion.
12.1 The Terms and Conditions shall be effective until termination.
12.2 Towngas may at any time and without any notice terminate the Agreement and your access to the Site, the Online Services and/or other services provided therein, and/or suspend or cancel your registration. Upon termination, you shall not be authorized to access the Site and/or the Online Services.
13.1 No forbearance or delay by Towngas in enforcing its rights will prejudice or restrict the rights of Towngas, and no waiver of any such rights or any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.
14.1 If any provision of the Agreement shall be found by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of the Agreement which shall remain in full force and effect.
15. Governing Law and Jurisdiction
15.1 This Agreement shall be governed by and construed in accordance with the laws of the Hong Kong SAR, excluding conflict-of-law principles that would cause the application of the laws of any other jurisdiction. You hereby submit to the non-exclusive jurisdiction of the courts of Hong Kong SAR.
16.1 In case of any inconsistency or conflict between the English and Chinese versions, the English version shall prevail.