"China" | refers to the People's Republic of China |
“Content” | refers to any information, data, materials, documents, text, images, video clips, directories, files, plans, reports, results, databases, listings, services, specifications, formulations, methods and/or mechanisms provided, presented, produced, hosted by, linked to or accessed through use and/or provision of Promet Metals Testing Laboratory Limited and Promet Consultancy Company Limited |
"Information" | refers to any information, data, content, analysis, news, reports, programmes, photographs, pictures, graphics, video, audio, software and any other materials and services, communications, transmissions and any other items, whether tangible or intangible and in whatsoever form |
"personal data" | refers to any personally identifying information (including but not limited to names, ages, addresses, occupations, contacts, credit card information and other personal details) |
"Promet", "we", "our" or "us" | refers to Promet Metals Testing Laboratory Limited and Promet Consultancy Company Limited |
"Services" | refers to non-exclusive services including but not limited to the testing/analysis/inspection/consultation/certification/calibration or such related services irrespective of whether or not it is related to metal or steel products/goods/materials or water tested by Promet rendered to customers. |
"Terms of Use" | refers to the terms of use set forth below and as amended from time to time |
"Third Party Provider" | refers to any provider of Information or services (including but not limited to third party payment processors) found on or linked to the Website other than Promet |
"users", "you" or "your" | refers to any person who accesses or uses the Website |
"Website" | refers to www.prometlab.com , including the Services offered therein, and any other website(s) from time to time hosted or linked up by Promet |
PLEASE READ THE TERMS OF USE SET FORTH BELOW, AS THEY APPLY TO YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS OF USE AND YOUR AGREEMENT TO BE BOUND BY THEM AND ANY AND ALL OTHER APPLICABLE TERMS REFERENCED HEREIN ABSOLUTELY. IF YOU DO NOT AGREE TO THE TERMS OF USE SET FORTH BELOW, PLEASE CEASE ACCESSING AND USING THE WEBSITE IMMEDIATELY.
1. Changes to Website
We may, in our sole discretion and at any time, without notice to you, add to, amend, replace, remove or edit any Information from or on the Website, or conduct maintenance of the Website, or alter the presentation, contents, substance, or functionality of the Website.
2. Change of Terms
We may amend the Terms of Use from time to time in our sole discretion without any notice or liability to you. By continuing to use the Website following such amendments to the Terms of Use, you agree to be bound by such amendments made from time to time.
3. User's Conduct
As a condition of your use of the Website, you must comply with these Terms of Use. You must not directly or indirectly:
(i) | conducting any direct marketing activities and/or disseminating or circulating any part of the content of any unsolicited publicity or advertising materials; | |
(ii) | advertising and/or promoting and/or endorsing any goods and services; | |
(iii) |
sale or exchange of any part of the Information obtained through the Website for any benefits, gain, profit or rewards; or |
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(iv) | cause loss in money or other property to Promet or any persons; | |
(v) | any other commercial purposes; and/or | |
(vi) | copy, upload, post, publish, transmit, reproduce, or distribute in any way, Information obtained through the Website which is protected by intellectual property rights including but not limited to copyright, patents, trademarks, service marks, registered designs or any other proprietary right, or create derivative works with respect thereto, without the prior written permission of the copyright owner or rightholder. |
You have no rights in or to the Information available from time to time on the Website and you will not extract, collect or use the Information available from time to time on the Website in any manner or for any purpose, except as permitted under these Terms of Use or as permitted by laws in Hong Kong Special Administrative Region.
4. Access
We reserve the right at all times to prohibit restrict, suspend or deny your access to the Website or any part thereof immediately and without any notice, where we are of the opinion that you have breached any of the terms contained in the Terms of Use or that such prohibition, restriction, suspension or denial is appropriate, desirable or necessary in our sole discretion.
Whilst we implement appropriate security measures to control access to the Website (please see our Privacy Policy Statement at www.prometlab.com/en/privacy-policy for further details), you must keep your log-in details (if any) safe and confidential and ensure that only you or your authorized employees access the Website or the Services for proper purposes. Under no circumstances will Promet be responsible or liable for any loss or damage which may occur or has occurred in such respect thereof.
5. Third Party Information
The Information may contain Information provided by Third Party Providers or sourced by Promet from other references or sources. The Information on the Website may not be regarded or used in any way as any approval, recommendation or endorsement by Promet for any purpose with respect to any person, product or service.
Promet is not responsible if any such Information is not up-to-date; Promet does not separately verify or audit such Information. Accordingly we do not accept any responsibility whatsoever in respect of the provision of and/or use of and/or reliance on the Information provided or presented by Third Party Providers. Any use of and reliance on such Information is at your own risk and you should exercise your own independent judgment or obtain independent legal advice if necessary.
6. Hyperlinks on the Website
The hyperlinks or banners on the Website may take you to other sites outside of the Website and you acknowledge and agree that Promet has no responsibility or liability whatsoever with regard to your access or use of these other sites including but not limited to the accuracy or availability of any Information provided by linked websites. You are responsible for perusing and shall be bound by the terms of use of these other sites when you access or use these other sites.
Links to other websites shall in no way constitute an approval, endorsement or recommendation by Promet of such websites or the Information, products, advertising or other materials available on those websites.
7. Intellectual Property Rights
All intellectual property rights subsisting in respect of the Website belong to Promet or have been lawfully licensed to Promet for use on the Website. All rights under applicable laws are hereby reserved. Except with the express permission of Promet, you are not allowed to copy, upload, post, publish, reproduce, transmit or distribute in any way the Website itself (whether in whole or in part) or create derivative works or decompile, reverse engineer or derive the source code thereto, and/or make any attempts of the aforesaid acts, whether directly or indirectly, as the Website is protected by intellectual property rights under applicable laws.
8. Limited Liability and Warranty
All Information available from time to time on the Website is for your general reference only. Promet does not accept any responsibility or liability whatsoever in respect of such Information and/or your use and/or reliance thereof.
YOUR ACCESS TO AND USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. THE WEBSITE IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OR GUARANTEE OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR QUALITY.
OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE WEBSITE OR OTHERWISE, IS REPLACEMENT OR REMEDY OF DEFECTIVE SERVICES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY INFORMATION, MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR WEBSITE. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY INCLUDING BUT NOT LIMITED TO ANY THIRD PARTY PROVIDER.
Promet shall not guarantee or assume any responsibility that:
Without limiting the generality of the foregoing, in no event will the Promet be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business, income or profit, loss of confidential or other information, business interruption, infringement of privacy and/or inability to perform any responsibilities or duties arising out of any use, or inability to use, the Information or the Services, whether in contract, tort or otherwise, even if Promet has been advised of the possibility of such loss or damages.
In addition, Promet accepts no responsibility for or liability in respect of Information or services provided by Third Party Providers, nor does it endorse or approve such Third Party Providers. You acknowledge and accept that any agreement or dispute in relation to such Information or services is unrelated to Promet and is solely a matter between you and such Third Party Provider.
You will exercise and rely solely on your own skill and independent judgment in your use and interpretation of the Information and use of the Services. You are responsible to ensure that your use of the Information obtained through the Website and the Services in any way for any purpose whatsoever complies with all applicable legal requirements, including without limitation, the data protection law applicable to you.
The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.
9. Privacy Policy
For information about our privacy policies and practices, please refer to our Privacy Policy Statement at www.prometlab.com/en/privacy-policy. You agree to our practice of collection, use and disclosure of your information in the manner set out in our Privacy Policy Statement (and as updated from time to time). Where personal data is collected in connection with the Services, you should also have reference to the relevant user agreements linked to the form through which your personal data is collected.
For information on our use of cookies, please also refer to our Privacy Policy Statement.
10. Partial Invalidity
The illegality, invalidity or unenforceability of any provision of these Terms of Use under the applicable law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other remaining provision(s) under the applicable law of any jurisdiction.
11. Miscellaneous
No failure, delay or neglect by Promet to enforce any of the rights under these Terms of Use shall be deemed to be a waiver of Promet's right. No waiver of any breach under these Terms of Use will amount to a waiver of any other breach. The headings in these Terms of Use are for convenience only and do not affect interpretation.
12. Termination
We may, in our sole discretion and at any time, without prior notice to you and without cause, suspend or restrict or terminate all or any part of our Services to you and consequentially prohibit your right to access to or use of the Services and/or the Website and remove any information and data linked to your profile or registered account.
13. Dispute Resolution
If there is any dispute between you and Promet arising out of or in connection with these Terms of Use, the provision of and/or use of the Website and/or the Services therein, the aggrieved party shall give a notice in writing specifying the particulars of the dispute to the other party (“Notice”).
You and Promet shall in good faith attempt to negotiate a settlement to any such dispute.
If such dispute cannot be resolved within 3 months of the receipt of the Notice by the other party, parties hereto shall submit to the non-exclusive jurisdiction of the courts of Hong Kong Special Administrative Region.
14. Governing Law
These Terms of Use shall be governed by the law of the Hong Kong Special Administrative Region.
15. Inconsistencies between Chinese and English Version
If there is any inconsistency, conflict or difference between the Chinese version of these Terms of Use and its English version, this English version prevails. If any part of the Chinese version is unclear, reference should be made to this English version.