Terms and Conditions
1. About the Website
1.1. Welcome to linkthebest.com.hk (the ‘Website’).
1.2. The Website is operated by LINK THE BEST COMPANY LTD (“LTB”). Access to and use of the Website, or any of its associated Products or Services, is provided by LTB. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. LTB reserves the right to review and change any of the Terms by updating this page at its sole discretion. When LTB updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
2.1. Your use of this Website constitutes your acceptance of these terms and conditions. If you do not agree to these Terms, you should immediately discontinue your use of this Website.
3. Copyright and Intellectual Property
3.1. The Website, the Services and all of the related products of LTB are subject to copyright. The material on the Website is protected by copyright and trademark law under the laws of Hong Kong SAR through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by LTB or its contributors.
3.2. All trademarks, service marks and trade names are owned, registered and/or licensed by LTB, who grants to you a worldwide, non-exclusive, royaltyfree, revocable license to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
LTB does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by LTB.
3.3. LTB retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
3.4. You may not, without the prior written permission of LTB and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
5. General Disclaimer
5.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law may not be limited or excluded.
5.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) LTB will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of LTB make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of LTB) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of LTB; and
(d) the Services or operation in respect to links which are provided for your convenience.
6. Limitation of Liability
6.1. LTB’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
6.2. You expressly understand and agree that LTB, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
7.1. You agree to indemnify LTB, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
8. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Conflict Resolution Service or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Hong Kong.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
8.5. Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
9. Governing Law and Jurisdiction
10. Independent Legal Advice
10.1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
Last Update: May 2021
1. Personal Information we may collect from you
1.1. “Personal Information” is information that identifies you as an individual or relates to an identifiable individual. Personal Information we may collect through the Website includes:
your name, postal address, email address, phone number, occupation and other contact information;
information regarding your dealings with us;
any interest you have in relation to our services or our practice areas; and
any information you may voluntarily submit to us by completing any form on the Website; and details of your visits to and usage of the Website
1.2. We may collect Personal Information in various ways:
from any form you may complete and submit through the Website, for example information collected from the “Contact Us” page of the Website;
from the content of surveys that you may complete on the Website;
from session ‘cookies’ and other similar tools deployed on parts of the Website that can only be accessed by authenticated users who are logged into the Website; and
from other sources, such as public databases, joint marketing partners, social media platforms (including from people with whom you are friends or otherwise connected) and from other third parties.
2. Commitment to Protect Your Personal Information
3. Purpose of Collection
3.1. LTB may use your Personal Information for the following purposes:
a) to process your request for, or to administer or provide, any products or services offered by us;
b) for identification and verification purposes, in connection with any of the services or products that may be supplied to you;
c) to respond to, handle and process any enquiries submitted by you;
d) to conduct credit checks on you, maintain your credit history and/or ensure your ongoing credit worthiness;
e) to meet or comply with any obligation, requirement or arrangement for disclosing or using data that applies to us or with which we are expected to comply, both existing currently and in the future and within or outside Hong Kong,
any law or regulation binding on or applying to us;
any rules, guidelines and/or guidance given or issued by any legal, regulatory, governmental, tax, law enforcement or other authority, or self-regulatory or industry body or association relating to industries in which we participate (including without limitation the financial services industry), or the relevant stock exchange (each an “Authority”);
any present or future contractual or other commitment with any Authority that is assumed by or imposed on us by reason of our business or other interests or activities in or related to the jurisdiction of the relevant Authority;
f) to meet or comply with any obligation, requirement, procedure, measure or arrangement set out in any of our programs or policies for compliance with sanctions or for the prevention or detection of money laundering, terrorist financing or other unlawful activity;
g) for direct marketing;
h) to conduct market research;
i) for ongoing research and development of any of the products or services offered by us; and/or
j) any other purposes relating to the purposes listed above.
4. Disclosure of Personal Information
4.1. LTB may disclose your Personal Information to any LTB’s companies for the uses and purposes set out above. We may also disclose your Personal Information to third parties for the following reasons:
· to third party service providers such as entities providing customer service, email delivery, auditing, hosting our website and other services;
· to third parties involved with events that you register for, to facilitate your participation in those events;
· if we are obliged to disclose your Personal Information under applicable law or regulation, which may include laws outside your country of residence;
· in order to enforce or apply the Website’s Terms and Conditions, or to protect the rights, privacy, safety or property of LTB, our clients, affiliates or other parties;
· to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include such authorities outside your country of residence;
· in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings);
· in accordance with the separate terms and conditions of use that may attach to the Website links.
5. Access and Correction Rights
5.1. You have the right to request access to and/or correction of any Personal Information that you provide to us. You may make such a request by writing to:
Unit 8 Industrial Park,
188 Tai Po Tin, Ping Che,
Fanling, NT, Hong Kong.
Attn: Administration Department
6. Retention Period
8. Governing Law and Jurisdiction
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