Hong Kong
Institute of Medical Laboratory Sciences
Quality Assurance Programme
Limited
(HKIMLSQAP)
Terms and Conditions
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1. The
Terms and Conditions |
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a. Please read these
terms and conditions carefully as they apply to your use of this Internet site (Site).
By using this Site you agree to be bound by these terms and conditions.
b. We technically
operate the Site. However, we exercise no editorial control over much of the
Content on the Site and in many cases other persons provide the Content on the
Site or other Internet sites you may view or access through the Site (Third
Party Providers).
c. We may revise these
terms and conditions from time to time by updating this posting. The revised
terms will take effect when they are posted.
2.
Registration
a. You may be required
to register one or more
of the offering quality assurance
programmes in order to access certain parts of the Site
(Sub-Site). Where you are required to login:
i. you
must safeguard any user name and password which HKIMLSQAP provide to you;
and
ii. you authorise us to assume that any person using the Site
with your user name and password is either you or is authorised to act for you.
b. You acknowledge that
your use of some Sub-Sites may be governed by additional terms and conditions.
Where this is the case, you will be notified accordingly, and those additional
terms and conditions:
i. will
apply to your use of such Sub-Site in addition to these terms and conditions;
and
ii. will
prevail over these terms and conditions to the extent of any inconsistency.
3.
Services
a. You acknowledge that we may, in our sole
discretion and with or without notice:
i. vary
the Site or any Sub-Site (including any Sub-Site for which you are required to
register); and
ii. modify
or discontinue this Site, any Sub-Site and the services available on it without
notice.
4. Fees
a. We
reserve the right at any time to:
i. charge
fees; and
ii. vary or amend the terms and conditions which cover such fees, for access or use,
of all or some parts, of the Site.
b. The introduction of charges or amendments to
terms and conditions referred to in the previous paragraph will be
treated as (at our sole discretion):
i. amendments
to these terms and conditions; or
ii. the
introduction of, or amendments to, terms and conditions which govern a
Sub-Site, and you will be notified and bound by those new or amended terms and
conditions accordingly.
5. Site
Content
a. You
acknowledge that Content on the Site is subject to copyright and possibly other
intellectual property rights (Intellectual Property Rights). You are therefore
bound by the relevant law and regulation.
b. You are not granted any Intellectual Property Rights or
licence to exercise any Intellectual Property Rights unless this is expressly
stated.
c. Although we try our best efforts to maintain the Content on the Site accurate and updated, you agree that we will
not be liable
or
responsible for
any loss or damage of any kind incurred as the result
of
the use of any Content posted,
emailed or
otherwise
transmitted via the Site.
d. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content.
6. Your
Use of the Site
a. You must not:
i. disrupt
or interfere with the Site or servers or other software, hardware or equipment
connected to or via the Site;
ii. violate
any Applicable Law relating to your use of the Site; or
iii. collect or
store personal data about other users of the Site.
7. Third
Party Providers
a. You acknowledge
that:
i. parts
of the Site; and
ii. parts
of the Content are provided or maintained by Third Party Providers and not by
us.
b. Your correspondence
or dealings with any Third Party Provider are solely between you and that Third
Party Provider, and you agree that we will not be liable or responsible for any
loss or damage of any sort incurred as the result of such dealings.
8. Links
and Advertisements
a. We have not reviewed
all of the sites linked to this Site and are not responsible for the content or
accuracy of any off-site pages or any other sites linked to this Site
(including without limitation sites linked through advertisements or through
any search engines).
b. Some links which
appear on the Site are automatically generated, and may be offensive or
inappropriate to some people. The inclusion of any link does not imply that we
endorse the linked site, and you use the links at your own risk.
c. Your correspondence
or dealings with, or participation in promotions of, advertisers on the Site
are solely between you and such advertisers.
d. We will not be
liable or responsible for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of advertisements on the
Site.
9.
Personal Data and Cookies
a. In using the Site
you may give us "personal data" as defined in the Personal Data
Privacy Ordinance (PDPO). You have certain rights in this personal data. By
using this Site you grant us the consent to use your personal data in
accordance with our Privacy Policy.
b. During your use of the
Site, we may issue to and request from your computer blocks of data known as
"cookies". You must not alter any cookies sent to your computer from
the Site and you must ensure that your computer sends correct and accurate
cookies in response to any relevant request from the Site.
10. The
Use of the Site Is At Your Risk
a. You use the Site at
your risk. You must evaluate, and bear all risks associated with, the use of
any Content, including reliance on the accuracy, completeness or usefulness of
any Content. In particular, where information relating to companies, investments
or securities is provided on or via the Site, such information is provided for
information purposes only. You should seek your own independent advice with
respect to any Content.
b. We endeavour to
provide a convenient and functional Site, but we do not guarantee that the Content will be error-free or that
the Site or the server that operates it are free of viruses or other harmful
components.
c. Although we will use
reasonable endeavours to maintain the Content, we do not undertake to provide
support or maintenance services for the Content. We urge you to keep backup
copies of Content you post to, maintain on or use with the Site.
d. If your use of the
Site results in the need for servicing or replacing property, material,
equipment or data, we will not be responsible for such costs.
e. Without limiting the
above provisions, everything on the Site is provided to you "as is"
and "as available" without warranty or condition of any kind, either expressed
or implied, including, but not limited to, any implied warranties of
merchantability, fitness for a particular purpose, or non-infringement. We
exclude all representations and warranties to the fullest extent permissible
under any Applicable Law.
f. If a
jurisdiction does not allow the exclusion of implied warranties in accordance
with paragraph 10.e but allows limitations of a certain maximum extent then we
limit our warranties to that extent.
11.
Limitation of Liability
a. To
the extent permitted by law our aggregate liability to you, whether for breach
of these terms or in negligence or in any other tort or for any other common
law or statutory cause of action arising in relation to these terms, the Site
or the Content is limited to one Hong Kong
dollar.
b. To the extent
permitted by law no party involved in creating, producing, or delivering the
Site or any Content will be liable for any direct, incidental, consequential or
indirect damages, loss or corruption of data, loss of profits, goodwill,
bargain or opportunity or loss of anticipated savings resulting from your
access to, or use of, or inability to use the Site and the Content, whether
based on warranty, contract, tort, negligence or any other legal theory, and
whether or not we know of the possibility of such damage.
c. If a jurisdiction
does not allow the exclusion or limitation of liability in accordance with
paragraph 11.a or 11.b but allows a limitation of a certain maximum extent then
our liability is limited to that extent.
12. Cancellation
a. We may cancel your
registration without notice if you have terminated your participation in
HKIMLSQAP, or if we reasonably believe that you have violated any Applicable
Laws, acted inconsistently with the letter or spirit of this agreement, or have
violated our rights or those of another party.
b. When your
registration is cancelled, you may no longer have access to Content that is
solely for HKIMLSQAP participants.
c. The provisions of these terms and
conditions entitled "Use of the Site is at Your Risk",
"Limitation of Liability," and "General Provisions" will
survive until cancellation of your registration or termination of this
agreement.
13.
Notices
a. We will give you any
necessary notices by posting them on the Site. You agree:
i. to
check the Site for notices; and
ii. that
you will be considered to have received a notice when it is made available to
you by posting on the Site.
14. General
Provisions
a. If any part of this
agreement is held to be unenforceable, the unenforceable part shall be given
effect to the greatest extent possible and the remainder will remain in full
force and effect.
b. This agreement will
be governed by the laws of
c. You agree to defend,
indemnify, and hold harmless us, our officers, directors, employees and agents,
from and against any claims, actions or demands, including without limitation
reasonable legal and accounting fees, alleging or resulting from your use of the
Site or the Content or your breach of this agreement.
15.
Definitions
Applicable Law in relation to any person,
action or thing means the following in relation to that person, action or
thing:
a. any law, rule or
regulation of any country (or political sub-division of a country);
b. any obligation under
any licence in any country (or political sub-division of a country); and
c. any lawful and
binding determination, decision or direction of a regulator in any country (or political
sub-division of a country).
Content includes things that you may see,
read, hear, download, access via the Site
(including but not limited to messages, files, data, software, images,
photographs, illustrations, text and other materials).
Related laws, policies and regulations may
include but not limit to the follows:
a. Telecommunication
Ordinance regarding unauthorized access to a computer.
b. Crimes Ordinance
regarding damaging computer files and data.
c. Theft Ordinance
regarding misuses of computers.
d. Copyright laws
regarding the use and distribution of software.
We or us means HKIMLSQAP and the affiliated
Committees, Subcommittees and Working Groups.
Last updated on 23 July 2012