Welcome to Kenfair.com's Terms of Service Agreement
("Agreement"). This Agreement describes the terms and conditions
applicable to your use of the Kenfair.com web site (the "Website"), which
features tools for trading and communicating in a global business to business
e-market (the "Service").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
THE FOLLOWING DESCRIBES
THE TERMS AND CONDITIONS ON WHICH KENFAIR OFFERS YOU ACCESS TO THE SERVICE.
1. Acceptance Of Terms
.
WELCOME TO KENFAIR'S ONLINE SERVICE (the
"SERVICE"). The following
describes the terms and conditions between you and Kenfair.com. ("Kenfair")
under which Kenfair offers you access to the Service. Use of the Service
indicates that you accept the terms and conditions set forth below. If you do
not accept all of the terms and conditions, then you will not be permitted to
use the Service. BY COMPLETING THE
REGISTRATION PROCESS AND CLICKING THE "I HAVE READ & ACCEPT THE TERMS
OF THE KENFAIR TERMS OF SERVICE AGREEMENT" AND THE "SUBMIT"
BUTTONS, YOU ARE INDICATING YOUR ACCEPTANCE OF, AND AGREEMENT TO BE BOUND BY,
THESE TERMS AND CONDITIONS AND KENFAIR'S
PRIVACY
POLICY STATEMENT
.
We may amend the terms and conditions from time to
time in our sole discretion without notice or liability to you. The
amended terms and conditions shall automatically be effective immediately upon
posting of the same upon the Website.
Once the amended
terms and conditions have been posted on the Website you will be deemed to have
notice of the same, and your continued use of the Service at any time thereafter
shall be deemed to constitute acceptance by you of the amended terms and
conditions.
In these terms and
conditions, you shall be referred to as the "User".
This Website is operated, and the Service shall be provided, by Kenfair
International Limited. References
in these terms and conditions to "we", "us", "Kenfair" or
"Kenfair.com" shall be deemed to be references to Kenfair International
Limited.
2. The Service
.
2.1
The Service shall be provided only to business or corporate entities
(e.g. corporation, limited liability company, partnership, sole proprietorship
etc.). Kenfair's decision
as to whether or not to accept any subscription from, and to provide the Service
to, any particular User shall be final.
2.2
The User
shall be required to register, pay a fee and/or provide
personal data to Kenfair in order to use the Service and/or to have access to
certain information available on or through the Website. Refusal to supply
personal data, or the provision of incorrect or inaccurate personal data, may
result in Kenfair being unable to process the User's requests or to provide
the Service to the User. The User hereby agrees and
confirms that Kenfair shall not be liable for any loss or damage arising from
any failure by Kenfair to provide the Service or to comply with any request of
the User as a result of the User's failure to comply with its obligations under
this Clause 2.2.
2.3 Kenfair
may assign a web-based email account with limited storage space for the User to
send or receive emails through the Service (the "Email Account"), for so long as the User subscribes to the
Service. The User shall be responsible for the content of all the messages
communicated through or using the Email Account, as well as the consequences of
any such message. Kenfair reserves the right to cancel or withdraw the Email
Account at any time and without notice in the event that it considers, in its
sole and absolute discretion, that the User has committed any breach of this
Clause 2.3 or Clause 3 hereof.
2.4
Kenfair may allow Users access to products and services offered by third
party websites through hyperlinks or "co-branded" sites accessible
through the Kenfair Website. The User acknowledges that Kenfair has no control
over such third party websites and Kenfair shall not be responsible or liable to
the User or any other person for the contents or availability of such website,
or any goods, products or services made available on such websites, and Kenfair
does not endorse or approve, and is not responsible or liable for, and does not
make any warranties, representations or undertakings about, any content,
advertising, product or other material on or available from such third party
websites.
The User further
acknowledges and agrees that Kenfair shall not be responsible or liable,
directly or indirectly, for any loss, claims, damages or actions arising from or
caused or alleged to be caused by or in connection with the use of or reliance
on any information or content available on or through such third party website
or any underlying transaction between the User and any such third party.
The User may not link this
Website to any other website without Kenfair's prior written consent.
2.5
Kenfair reserves the right to limit, deny or create different priorities
to different Users or to change the Service and/or all of its features and/or to
change, upgrade, modify, alter, limit or terminate the Service at any time
temporarily or permanently without prior notice and for any or no reason at its
sole and absolute discretion. Kenfair further reserves the right to introduce
new features, functionalities and/or applications to the Service or to future
versions of the Service. All new features, functionalities, applications,
modifications, upgrades and alterations shall be governed by these terms and
conditions, unless otherwise stated by Kenfair.
Kenfair does not warrant
any continuity of connection, transmission over, security of, or results from,
the use of the Service or otherwise in connection with the use of this Website,
and the User hereby agrees that in no event shall Kenfair be liable to the User
or any third parties for any inability to use the Service, any delays,
inaccuracies, errors or omissions with respect to any communications or
transmission or delivery of all or any part thereof, or any damage arising
therefrom or occasioned thereby or for the results obtained from the User's use
of the Service.
2.6
Kenfair
cannot
guarantee that any messages sent over the Internet will be completely secure.
Kenfair will not accept any responsibility for any damages incurred by
the User if the User sends a message to Kenfair, or if Kenfair sends a message
to the User at its request, over the Internet.
Kenfair shall not be responsible in any manner for direct, indirect,
special or consequential losses or damages howsoever arising out of the use of
this Website. Communications over the Internet may be subject to
interruption, delayed transmission due to Internet traffic or incorrect data
transmission due to the public nature of the Internet or otherwise.
2.7
Kenfair is unable to guarantee that third
parties will not be able to independently gain access to confidential
information or data (including without limitation payment details and details of
the User's personal identity) passing to or via this Website.
Accordingly, Kenfair does not accept any responsibility or liability
whatsoever for any loss or damage suffered or incurred by the User as a result
of any use or mis-use of any such confidential information or data by any such
third party and the User agrees and acknowledges that its use of this Website
shall be solely at its own risk.
3. User's
Responsibility
3.1
As a condition of the User's use
of the Website, the User must not, and hereby agrees that it will not:
i.
trespass, break into, access,
use or attempt to trespass, break into, access or use any other parts of
Kenfair's servers, and/or any data areas for which the User has not been
authorized by Kenfair;
ii.
restrict or inhibit any other
user from using and enjoying the Website;
iii.
upload, post, publish, transfer
or transmit to this Website, or include in any message communicated through or
using the Email Account, any information, data, software files or other material
which (a) is or is in Kenfair's opinion misleading, inaccurate, deceptive,
unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane,
threatening, abusive, hateful, offensive, or otherwise objectionable or
unreasonable (or is likely to be perceived as such by any recipient), including
without limitation any transmissions constituting or encouraging conduct that
may constitute a criminal offence, give rise to civil liability, or otherwise
violate any local, state, national or foreign law;
iv.
upload, post, publish, transfer
or transmit to this Website, or include in any message communicated through or
using the Email Account, (a) any advertisements, solicitations, chain letters,
pyramid schemes, investment opportunities or schemes or other unsolicited
commercial communication, or engage in spamming or flooding or (b) any
information which may materially misrepresent facts which may be damaging or
injurious to Kenfair, its clients or their respective agents;
v.
upload, post, publish, transfer
or transmit to this Website, or include in any message communicated through or
using the Email Account, any information or software which contains any virus,
trojan horse, worm or other harmful component, or which is damaging to data,
software or the performance of Kenfair's or any other parties computer
system, or which adversely affects the performance or availability of this
Website;
vi.
upload, post, publish,
transfer, transmit, reproduce, distribute or in any way exploit any information
obtained by the User from or through the Website for commercial purposes; or
vii.
upload, post, publish,
transfer, transmit, reproduce, or distribute in any way, any information, data,
software files or other materials which (a) is obtained through the Website
which is protected by copyright, or other proprietary right, or create
derivative works with respect thereto, without the prior written permission of
the copyright owner or right holder, or (b) is a breach of any person's rights
(including without limitation copyright, confidentiality and any other
intellectual property right).
3.2
The User has no rights in or to the information available on the Website
and will not use the information available on the Website in any manner or for
any purpose, except as permitted under these terms and conditions.
3.3 The User
agrees to indemnify Kenfair in full from and against any
and all claims, liabilities, losses, damages, expenses and other costs
whatsoever suffered or incurred by Kenfair as a result of any breach of the
User's obligations under Clauses 3.1 and/or 3.2, including, but not limited
to, any claims made against Kenfair by any third party.
4. Transactions between
Buyers and Suppliers
4.1
Kenfair is not involved in, or a party to, any contract entered into
between the User and any other party as a result of the use of the Service. The
User hereby acknowledges and agrees that Kenfair has no control over, and makes
no representations, warranties or undertakings with regard to, the quality,
safety or legality of any items offered for sale on or through the Service, the
truth or accuracy of any listings appearing on the Website, the ability of the
suppliers to sell or deliver the items or the ability of buyers to buy the items
or to pay the purchase price therefor. Further, Kenfair cannot and does not
control whether or not sellers will complete the sale of items they offer for
sale or buyers would complete the purchase of the items they procure through the
Service. In addition, the User hereby acknowledges that there may be risks of
dealing with foreign nationals, underaged persons or people acting under false
pretences.
4.2
The User shall be solely responsible for all of the terms and conditions
of any contract or transaction entered into between the User and any other party
(whether buyer or seller, as the case may be), including, without limitation,
terms regarding payment, returns, warranties, shipping, insurance, fees, taxes,
title, licenses, fines, permits, handling, transportation and storage.
Kenfair shall have no responsibility or liability in respect of any such
contract or transaction, or the performance or breach by any party of any of the
terms and conditions of such contract.
4.3
Kenfair does not endorse or make any representation or warranty
whatsoever (whether express or implied) and shall not be responsible or liable
under any circumstances whatsoever, in respect of (a) any third party website
hyperlinked to the Kenfair Website, or any products, services, information, data
or other content offered or provided therein; and/or
(b) any product, service, information, data or other content offered or provided
by third parties in or through the Kenfair Website.
4.4
As Kenfair acts only as a facilitator to the transactions between the
User and other users of the Service, Kenfair shall have no liability for the
failure of any items bought or sold via the Service to meet or comply with any
specifications, requirements or descriptions or for the breach or alleged breach
of any warranty given or made by the supplier (whether express or implied by
law) or for the failure of the supplier to deliver the items to the buyer or for
the failure of the buyer to accept delivery or to make payment of the purchase
price therefor. As a condition for the use of the Service, the User agrees that
it shall look solely to the other party to the transaction for damages or
liabilities incurred as a result of any failure to meet or comply with any
specification, requirement or description, breach or alleged breach of warranty
or failure to make delivery or failure to make payment.
5. Prohibition of
Access
5.1
Kenfair reserves the right at any time to prohibit or deny the User
access to the Website or any part thereof, and to cancel the User's
subscription to the Service, immediately and without notice, where Kenfair is of
the opinion that the User has breached any of these terms and conditions, or if
Kenfair considers, in its sole and absolute discretion, that such prohibition or
denial is appropriate, desirable or necessary for any reason whatsoever.
Kenfair shall not be obliged to provide to the User any reason for any
such prohibition or denial, or for any cancellation of the User's subscription
to the Service.
6.
Charges and Fees
6.1
The rates for fees chargeable under the Service shall be published on
Kenfair's Website from time to time. All fees (if any) shall be payable in
advance to Kenfair by wire transfer, charging the User's credit card or such
other method acceptable to Kenfair, in US Dollars or its equivalent in such
other currency as permitted by Kenfair. Unless otherwise agreed between Kenfair
and any User, all payments made are non-refundable.
6.2
All rates are exclusive of any taxes, duties or other governmental,
banking or transactional and handling charges or levies that the User shall
continue to be liable for as and when the same is imposed or incurred.
6.3
Kenfair reserves the right to modify its pricing structure and payment
conditions from time to time at its sole discretion provided that not less than
fifteen (15) days notice shall be given to the User.
7.
Partial Invalidity
7.1
The illegality, invalidity or unenforceability of any provision of these
terms and conditions under the 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 provision.
8. Indemnity
8.1
The User irrevocably agrees to defend, indemnify and hold Kenfair and its
affiliates harmless from and against any and all liabilities, damages, losses,
claims, actions, costs and expenses (including without limitation legal fees on
a full indemnity basis), suffered or incurred by Kenfair (or its affiliates) in
connection with or arising from any breach by the User of any of these terms and
conditions and/or its use of the Website. Kenfair may, if required by Kenfair,
participate in the defence of any claim or action made by any party against the
User which relates to the Service or the use of the Website, and any
negotiations for settlement thereof. No settlement which may adversely affect
Kenfair's rights or obligations shall be made without Kenfair's prior
written approval. Kenfair reserves the right, at its own expense and on notice
to the User, to assume exclusive defence and control of any such claim or
action.
9. Intellectual Property
Rights
9.1
All intellectual property rights (including without limitation copyright
and trade marks) subsisting in the Website belong to Kenfair or have been
lawfully licensed to Kenfair for use on the Website. All rights under applicable
laws are hereby reserved. Except with the express prior permission of Kenfair,
the User shall not upload, post, publish, reproduce, copy, transfer, transmit or
distribute in any way any component of the Website itself (or its source HTML
code) or create any derivative works thereof, in whole or in part, in any manner
other than for the purposes of utilising this Website (meaning that the User may
only display the Website on its computer screen and print it out for the sole
purpose of viewing its content in connection with the relevant transaction).
9.2
Copyright and all other intellectual property rights subsisting in any
database accessible via this Website and each and every piece of information
provided through this Website is owned by Kenfair or the third party providers
of such information. The User may
use information retrieved from this Website only for the purposes of the
transaction in respect of which it was posted to this Website.
9.3
The User agrees that Kenfair is entitled to use, disclose, adopt and
modify all and any ideas, concepts, know how, proposals, suggestions, comments
and other communications and information provided by the User to Kenfair
("Feedback") in connection with the Website and/or the Service without
any payment to the User. The User hereby waives and agrees to waive all and any
rights and claims for any consideration, fees, royalties, charges and/or other
payments in relation to Kenfair's use, disclosure, adoption and/or
modification of any or all of the Feedback.
10. Limited
Liability and Warranty
10.1THE
USER'S ACCESS TO AND USE OF THIS WEBSITE IS AT THE SOLE RISK OF THE USER.
THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, ITS CONTENTS, FUNCTIONALITY,
PERFORMANCE AND FEATURES) IS PROVIDED ON AN "AS IS," AND "AS
AVAILABLE" BASIS, FOR THE USER'S PERSONAL USE ONLY AND KENFAIR MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND ALL
WARRANTIES, CONDITIONS OR TERMS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE
(INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS TO SATISFACTORY QUALITY,
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY OR
COMMITMENT THAT ACCESS OR USE WILL BE UNINTERRUPTED OR ERROR FREE) ARE EXPRESSLY
EXCLUDED.
10.2
ACCORDINGLY, SUBJECT ONLY TO CLAUSE 10.4, KENFAIR SHALL NOT BE LIABLE FOR
ANY LOSSES
(INCLUDING
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF
ITS USE OF OR INABILITY TO ACCESS THE WEBSITE.
IT SHALL BE THE USER'S RESPONSIBILITY TO MAKE ALL NECESSARY COPIES AND
BACKUPS OF ANY INFORMATION OBTAINED OR AVAILABLE FROM THE WEBSITE. ACCORDINGLY,
SUBJECT TO CLAUSE 10.4, THE USER AGREES NOT TO BRING A CLAIM OF ANY NATURE
AGAINST KENFAIR IN RELATION TO THE USER'S USE OF OR ACCESS TO THE WEBSITE
EXCEPT WHERE SUCH A CLAIM CANNOT BE EXCLUDED BY LAW.
IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF CERTAIN TYPES OF LIABILITY, KENFAIR'S LIABILITY WILL BE LIMITED
TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE
USER ACKNOWLEDGES AND AGREES THAT KENFAIR WILL HAVE THE RIGHT (SUBJECT TO THE
DISCRETION OF THE COURT) TO A STAY OF PROCEEDINGS IF THE USER BRINGS ANY CLAIM
AGAINST KENFAIR IN BREACH OF THE FOREGOING.
10.3
KENFAIR DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR
SERVICE OFFERED THROUGH THE SERVICE OR THE WEBSITE. KENFAIR IS NOT AND WILL NOT
BE A PARTY TO ANY TRANSACTION BETWEEN THE USER AND ANY THIRD PARTY.
10.4
Kenfair
accepts liability without limit for death or personal injury caused by its
negligence, any fraudulent pre-contractual misrepresentations made by it on
which the User can be shown to have relied, and for any other form of liability
which cannot legally be limited or excluded.
10.5
Neither Kenfair nor any of its affiliates shall guarantee, represent or
warrant or assume any responsibility that:
1.
the information on the Website
is accurate, adequate, current or reliable, or may be used for any purpose other
than for general reference;
2.
the information on the Website
is free of defect, error, omission, virus or anything which may change, erase,
add to or damage the User's software, data or equipment;
3.
messages sent through the
internet will be free from interception, corruption or loss;
4.
access to the Website will be
available or be uninterrupted; or
5.
defects in the Website will be
corrected.
10.6In
no event will Kenfair or its affiliates be liable to the User or any other
person for any direct, indirect, incidental, special, punitive or consequential
damages, including any loss of business or profit, arising out of any use, or
inability to use, any information on the Website, even if Kenfair or its
affiliates have been advised of the possibility of such damages.
10.7The
User will exercise and rely solely on its own skill and judgment in its use and
interpretation of any information on the Website. The User is responsible to
ensure that its use of the information complies with all applicable legal
requirements.
11.
Privacy Policy
11.1 To
enable Kenfair to monitor and improve the Website, Kenfair may gather certain
information about the User when it uses it, including details of the User??s
operating system, browser version, domain name, IP address and details of the
User's website.
11.2
The
information which the User provides to Kenfair will at all times be governed by
the terms of the Personal Data (Privacy) Ordinance ("the Ordinance").
For
information about Kenfair's privacy policies and practices, please refer to
the
Privacy Policy Statement
. Where personal data is
collected in connection with the Services, the User should also have reference
to the relevant user agreements linked to the form through which the User's
personal data is collected.
11.3 For
information on Kenfair's use of cookies, please also refer to the
Privacy
Policy Statement
.
12.
Governing Law
12.1
These Terms and Conditions shall be governed in all respects by the laws
of the Hong Kong Special Administrative Region ("Hong
Kong") and the parties hereby irrevocably submit to the non-exclusive
jurisdiction of the Hong Kong courts.
13 Chinese or other version
13.1If there is any conflict or difference between the Chinese or other
version of the Terms of Services Agreement and its English version, the English
version prevails. If any part of the Chinese or other version is unclear,
reference should be made to the English version. The Chinese or other version
may not be translated into English for the purpose of comparing with or
interpreting the English version.
14
General
14.1The User may not transfer or assign its rights or obligations under
these Terms and Conditions without Kenfair's prior written consent.
14.2 Kenfair will not be liable to the User for
failure to fulfil obligations caused by events outside Kenfair's control,
including without limitation, any difficulties experienced by the User in
accessing this Website.
14.3
These Terms and Conditions constitute the entire agreement between
Kenfair and the User relating to the User's use of this Website and shall
supersede and replace all other contracts, discussions, letters or
communications (whether written or oral) relating to the subject matter hereof
save that neither party excludes liability for any fraudulent misrepresentations
made by it to the other party upon which the other party can be shown to have
relied.
1. Interpretation
: In these Terms and Conditions,
"Advertiser" shall mean
the sole proprietorship, partnership or limited company
that submits the Advertisment to Kenfair (whether
such sole proprietorship, partnership or limited company is the advertiser of
the product or service promoted thereby or making the announcement therein, or
an advertising agency or media buyer, or otherwise);
"we", "us", "Kenfair" or
"Kenfair.com" shall mean Kenfair International Limited;
"Advertisement" shall mean the
advertisement with such form and content as the Advertiser may, from time to
time, submit to Kenfair to be considered for uploading on the Website subject to
these Terms and Conditions;
"Commencement Date" shall mean the date
from which Kenfair has agreed to upload the Advertisement on the Website;
"Contract" shall mean the contract between
the Advertiser and Kenfair for the uploading of an Advertisement on the Website
in accordance with these Terms and Conditions and the Rate Card;
"Hong Kong" shall mean the Hong Kong
Special Administrative Region of the People's Republic of China;
"Price" shall mean the price for the
placing of the Advertisement on the Website in accordance with these Terms and
Conditions and as determined in accordance with the applicable provisions of the
Rate Card;
"Rate Card" shall mean Kenfair's rate
card on advertising charges for the Website, as the same may be amended, from
time to time, in accordance with Clause 3 hereof;
"Term" shall mean the period of time
stipulated in the Contract for which Kenfair has agreed to upload the
Advertisement on the Website;
"Terms and Conditions" shall mean the terms
and conditions set out in this document, as the same may be amended, from time
to time, in accordance with Clause 3 hereof;
"Website" shall mean the Kenfair.com
website.
2.
Contract Validity
:
These
Terms and Conditions, together with such additional conditions (if any) as may
from time to time be set out in the Rate Card, shall apply to, and be deemed to
be an integral part of, each Contract.
No Contract
shall be binding upon Kenfair unless and until the Price has been paid in full
to Kenfair. No delay or failure by
the Advertiser to submit the content or other materials for the Advertisement in
accordance with these Terms and Conditions shall delay the Commencement Date of
the Contract.
3.
Amendment of Terms
: Kenfair shall be entitled,
at all times and in its sole discretion, to amend the provisions of the Terms
and Conditions and/or the Rate Card, and any such amendments shall be binding
upon you forthwith. The Terms and
Conditions and the Rate Card from time to time in force shall be made available
to the Advertiser by Kenfair as soon as reasonably practicable after the
Advertiser's written request to Kenfair for the same.
4.
Price
: The Price for each Contract shall be determined in
accordance with the applicable provisions, from time to time, of the Rate Card.
The Advertiser acknowledges that no representative, agent or employee of
Kenfair is authorised to grant any discount or reduction on the Price, and that
no such discount or reduction purported to be agreed (whether verbally or in
writing) by any representative, agent or employee of Kenfair shall be binding
upon Kenfair.
5.
Advertiser's Content
: No discount or reduction to
the Price is granted by Kenfair in respect of electronic content, complete
plates, text or illustrations for Advertisements that is supplied to Kenfair by
the Advertiser.
6.
Approval of Advertisement and Advertisement Materials
: All Advertisements and all ancillary materials thereto
are subject to Kenfair's prior approval before publication, and such approval
may be given or witheld in the sole discretion of Kenfair.
Kenfair
shall be entitled, in its sole discretion, to refuse or require to be amended
any artwork, materials or copy for or relating to an Advertisement in such
manner and for such reason as Kenfair, in its sole discretion, considers
appropriate (including, without limitation, refusals or amendments required so
as to (i) comply with any applicable laws or regulations; or (ii) avoid
infringing the legal or moral
rights of Kenfair or any third party; or (iii) comply with the production and
quality specifications required for the Website).
The consent of Kenfair to the
publication of an Advertisement shall not release the Advertiser from the
warranties and indemnities contained in these Terms and Conditions.
Kenfair shall make its advertising guidelines available to Advertisers as
soon as reasonably practicable after the Advertiser's written request to
Kenfair for the same. The Advertiser shall procure that the Advertisement complies
with such advertising guidelines as Kenfair may, from time to time, notify to
the Advertiser.
7.
Copyrigh
t : All intellectual property of whatsoever nature
designed, created or prepared by Kenfair arising out of or in connection with
the Contract shall be and shall remain the property of Kenfair, and shall not be
reproduced by the Advertiser or any third party without the prior written
consent of Kenfair. The Advertiser
hereby grants Kenfair a non-exclusive royalty-free bare license to use such
intellectual property as the Advertiser owns or for which the Advertiser has a
license to use, to the extent that Kenfair considers necessary to perform the
Contract.
8.
Advertiser's Property held at Advertiser's Risk
: All
artwork, photographs or other property delivered by the Advertiser to Kenfair is
held by Kenfair at the Advertiser's risk and Kenfair shall not be liable to the
Advertiser for any damage to or loss of (howsoever caused) any such artwork,
photographs or other property. Kenfair
reserves the right to destroy without notice all artwork, photographs or other
property supplied by the Advertiser on or after the expiration of 3 months from
the last date on which the corresponding advertisement appeared on the Website.
9.
Allocation of Advertisement
: While Kenfair will use its
reasonable endeavours to place the Advertisement in such product category and
location on the Website as the Advertiser reasonably considers to be
appropriate, Kenfair shall be entitled to place the Advertisement in such
product category and location on the Website as Kenfair, in its sole discretion,
considers to be appropriate. Any Contract for the display of an Advertisement on
the Website for a specific number of appearances, shall be deemed to be fully
performed by Kenfair when all such specified appearances of the relevant
Advertisement have taken place on the Website, and no such Contract shall, or
shall be deemed to, include a warranty or representation by Kenfair (whether
express or implied) as to the period of time within which all such specified
appearances of the relevant Advertisement will be completed.
10.
Advertiser's Warranty and Indemnity
: The
Advertiser (and the advertising agency, if any, acting as agent for the
Advertiser) warrants (i) that the Advertisement is legal, decent, honest,
accurate, complete and truthful; (ii) that it complies with all applicable codes
of practice and with all requirements of current legislation in force or
applicable in Hong Kong; (iii) that nothing in the Advertisement is defamatory
or constitutes a malicious falsehood; (iv) that the publication of the
Advertisement will not breach any contract or infringe or violate copyright,
trademark or any other intellectual property rights or any other personal or
proprietary right of any third parties or render Kenfair liable to any
proceedings whatsoever; and (v)
in respect of any Advertisement
which contains the name or pictorial representation (photographic or otherwise)
of any living person and/or any part of any living person and/or any copy by
which any living person is or can be identified, the Advertiser has obtained the
authority of such living person to make use of such name, representation and/or
copy
. The Advertiser (and the
advertising agency, if any, acting as agent for the advertiser) hereby agrees to
indemnify Kenfair, and to keep Kenfair indemnified in full in respect of all
costs, damages, expenses, losses, liability or other charges (including, without
limitation, any special, indirect, incidental or consequential damages) suffered
or paid by Kenfair arising out of or in connection with any breach by the
Advertiser of the warranties herein set out and/or any breach by the Advertiser
of any provision of these Terms and Conditions and/or the Rate Card.
The indemnity herein set out shall enure to the benefit of Kenfair and
its successors and assigns without limit in point of time notwithstanding the
termination of any Contract and shall be without prejudice to all other rights
and remedies of Kenfair which are hereby expressly reserved.
11.
Limitation of Liability
: (i) The only liability (if
any) of Kenfair for any errors in or omissions from the content of an
Advertisement shall be the pro rata
repayment of any portion of the Price received by Kenfair from the Advertiser
for the Advertisement in respect of the unexpired portion of the Term of the
corresponding Contract. (ii)
Kenfair will not be liable for any delays in delivery and/or non-delivery in the
event of an act of God, action by any government entity, transportation, strike,
network difficulties, electronic malfunction, etc. or any feasibility,
reliability, or effectiveness related to the Website. (iii) Kenfair does not represent or warrant (whether
expressly or impliedly) that the Website will meet the objectives or needs of
advertiser/agency or any third party. (iv)
Kenfair does not warrant or represent (whether expressly or impliedly) that
access to or use of the Website will remain uninterrupted or error-free, and in
no event will Kenfair be liable for any failure, disruption, downtime,
interruption, miscalculation, delay, inaccuracy, or any other nonperformance
related to the Website. (v) SUBJECT
TO SUB-CLAUSE (VI) OF THIS CLAUSE 11, KENFAIR SHALL NOT BE LIABLE FOR ANY COSTS,
DAMAGES, EXPENSES, LOSSES, LIABILITY OR OTHER CHARGES (INCLUDING, WITHOUT
LIMITATION, ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) IN ANY
WAY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, NOTWITHSTANDING
THAT KENFAIR MAY HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH COSTS, DAMAGES,
EXPENSES, LOSSES, LIABILITY OR OTHER CHARGES, AND
ANY AND ALL CONDITIONS AND
WARRANTIES, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, TRADE USAGE, OR
OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A
PARTICULAR PURPOSE, AND ANY AND ALL ADDITIONAL DAMAGES, COMPENSATION OR
INDEMNIFICATION ARE, INSOFAR AS PERMITTED BY LAW, HEREBY EXPRESSLY EXCLUDED.
(vi)
Kenfair
accepts liability without limit for death or personal injury caused by its
negligence, any fraudulent pre-contractual misrepresentations made by it on
which the Advertiser can be shown to have relied, and for any other form of
liability which cannot legally be limited or excluded.
12.
Proof of Provision of Service
: Kenfair
shall use its reasonable endeavours to notify the Advertiser when the
Advertisement has been uploaded to the Website, and any such notification shall
be deemed to be conclusive proof of the performance of the Contract by Kenfair.
13.
Cancellation
: Contracts for banner or button advertising for 3 or
more months may be cancelled by the Advertiser on receipt by Kenfair of 30
days' prior written notice by the Advertiser. The Advertiser shall not be
entitled to cancel or otherwise terminate any Contracts for banner or button
advertising for shorter than 3 months or based on the number of appearances of
the relevant Advertisement on the Website.
The Advertiser shall not be entitled to any refund, rebate, or credit
(whether partial or otherwise) in respect of the Price paid for any
Advertisement that the Advertiser cancels.
14.
Termination
: Kenfair reserves the right to unilaterally terminate
the Contract or any part of it (including, without limitation, any space
reservation, position commitment, directory listing, wording, graphic
reproduction, or any other insertion whatsoever) at any time without providing
any reason(s). Without prejudice to
the rights and remedies of Kenfair on the termination of the Contract (which are
hereby expressly reserved), the only liability (if any) of Kenfair to the
Advertiser for any such termination shall be the pro rata repayment of any portion of the Price received by Kenfair
from the Advertiser for the Advertisement in respect of the unexpired portion of
the Term.
Any termination of these Terms and Conditions shall
not prejudice any rights or remedies of Kenfair against the Advertiser in
respect of any antecedent breach of these Terms and Conditions.
15.
Time of Performance
: Save where otherwise
expressly provided in these Terms and Conditions, the time of performance of any
obligations of Kenfair under these Terms and Conditions shall not be of the
essence.
16.
Information
: The Advertiser agrees that Kenfair, all companies or
other business entities with which Kenfair is associated, and their respective
representatives, agents or employees may, from time to time, send the Advertiser
inquires, news, advertisements, other information and updates regarding Kenfair
and its associated companies.
17.
Advertising Agencies
: The Price does not include
commissions or fees for advertising agencies unless specifically noted. The
Advertiser is responsible for all fees and charges related to its appointment of
an advertising agency, and is responsible for all commitments of the advertising
agency properly undertaken on behalf of the Advertiser, including but not
limited to, the payment of the Price under the Contract. In the event of default
or non-payment of the Price by an advertising agency, the Advertiser will be
held liable for the advertising billings, and the Advertiser hereby acknowledges
that
the Advertiser contracts with Kenfair as a principal
notwithstanding that an advertising agency may be acting directly or indirectly
for the Advertiser as an advertising agent or media buyer or in some other
capacity
. Without prejudice to all its other rights and remedies (which
are hereby expressly reserved), Kenfair hereby the right to hold the Advertiser
and/or its advertising agency jointly and severally liable for any failure or
delay in the payment of the Price under the corresponding Contract.
18.
Conflicting Terms
:
These
Terms and Conditions, together with such additional conditions (if any) as may
from time to time be set out in the Rate Card , shall apply to each Contract to
the exclusion of any and all terms and conditions of the Advertiser.
In the event of any inconsistency between these Terms and Conditions and
the conditions set out in the Rate Card, the latter shall prevail.
In the event of any inconsistency between the advertising
guidelines of Kenfair and either these Terms and Conditions and/or the Rate,
these Terms and Conditions and/or the Rate Card (as the case may be) shall
prevail.
19.
Non-Waiver
:
No waiver or
indulgence by Kenfair shall be effective save in relation to the matter in
respect of which it was specifically given.
20.
Incorporation by Reference
: The Rate Card from time to
time in force shall be deemed to be an integral part of these Terms and
Conditions to the intent and effect that any breach of the provisions of the
Rate Card shall be, and shall be deemed to be a breach of the provisions of
these Terms and Conditions.
21.
Non-Assignment
: The rights or obligations of the
Advertiser under the Contract or set out in these Terms and Conditions are
personal to the Advertiser, and may not be assigned to any third party without
the prior written consent of Kenfair. Kenfair
shall be entitled to assign any, or all, of its rights or obligations under the
Contract or these Terms and Conditions to any third party without the prior
consent of the Advertiser.
22.
Entire Agreement
:
These
Terms and Conditions and the Rate Card constitute the entire agreement between
Kenfair and the Advertiser relating to the Contract and shall supersede and
replace all other contracts, discussions, letters or communications (whether
written or oral) relating to the subject matter hereof save that neither party
excludes liability for any fraudulent misrepresentations made by it to the other
party upon which the other party can be shown to have relied.
23.
Chinese or Other Versions
:
If
there is any conflict or difference between the Chinese or other version of
these Terms and Conditions and its English version, the English version
prevails. If any part of the Chinese or other version is unclear, reference
should be made to the English version. The Chinese or other version may not be
translated into English for the purpose of comparing with or interpreting the
English version.
24.
Privacy Policy
: Kenfair's Privacy Policy
Statement, from time to time in force, will be made available to the Advertiser
as soon as reasonably practicable after a written request from the Advertiser
for the same. Without prejudice to
the foregoing, the Advertiser hereby consents and authorises Kenfair to disclose
all information that the Advertiser discloses to Kenfair arising out of or in
connection to the Contract to any or all companies or other business entities
(whether partnership or sole trader) that are associated, connected, or related
(whether directly or indirectly, in fact or law, as holding company, affiliated
company, or as ultimate beneficial owner, or otherwise) to Kenfair, and the
Advertiser hereby consents and agrees that all such companies shall be entitled
to use all such information in accordance with the provisions of Kenfair's
Privacy Policy Statement.
25.
Multiple Contracts
:
In
the event that there is more than one Contract, between the Advertiser and
Kenfair, the termination by Kenfair of any one, or more, of such Contracts shall
entitle (but not oblige) Kenfair (without prejudice to all other rights and
remedies available to Kenfair, which rights and remedies are hereby expressly
reserved), to terminate all, or any number, of the other such Contracts.
Failure by Kenfair to exercise its right to terminate all, or any number,
of the other such Contracts shall not be, and shall not be deemed to be, a
waiver of such right, nor acquiescence or condonation of any action by the
Advertiser giving rise to such right.
By
using Kenfair.com (Website) and/or by placing advertisements on the Website, you
consent to the collection and use of your information in the manner we describe
below.
1. Our Commitment to Privacy
Kenfair respects the privacy of your information. Our Privacy Policy governs our
online information practices and reflects our commitment to protect your
privacy.
2. The Information We Collect
At the time you register for the services provided on our Website, you would be
required to provide information such as your name, address, phone number,
company name and address and other personally-identifying information. We need
this information to provide services that you request and to let you know of
additional services about which you might be interested. We may also use this
information to customize your experience in using our Website.
In addition, we automatically gather general statistical information about our
Website and visitors, such as IP address, browsers, pages viewed, number of
visitors etc. but in doing so we do not reference you by individual name, email
address or telephone number. We use this data in the aggregate to determine how
much our customers use parts of our site so we can improve our site. We may
provide this statistical information to third parties, but when we do so, we do
not provide personally-identifying information without your permission.
Note:
Upon receipt of your completed application (including all required information
and photos), we will review and approve the information to be posted. Upon
approval, our target is to post your information online at Kenfair.com within 15
days, but there is no guarantee for this turnaround time.
3. The Way We Use Information
We use your personally-identifying information to improve our marketing and
promotional efforts, to statistically analyse site usage, to improve our content
and product offerings and to customize our site's content, layout and service.
We may use your information to deliver information to you that, in some cases,
is targeted to your interests, such as targeted banners, new services and
promotions. We may use your email address, mailing address and phone number to
contact you regarding administrative notices, new product offerings and
communications relevant to your use of our Website.
We
use your IP address to help diagnose problems with our server, to manage our
Website and our server capabilities and to enhance our Website based on the
usage pattern data we receive.
4. Public Access to Information
The information you provide will be made available to all users of our Website.
Please remember that any information you disclose becomes public information and
you should exercise caution when deciding to disclose personally-identifying
information.
5. Disclosure of Information
We may use or disclose information to resolve disputes, investigate problems, to
enforce our Terms and Conditions of Service, Advertiser's Terms and
Conditions, and/or User Agreement in relation to the use of this Website and our
services.
We reserve the right to disclose your information where we have reason to
believe that such disclosure is necessary to identify, contact or bring legal
action against someone who may be infringing (or threatening to infringe) or who
may otherwise be causing injury to or interference with (either intentionally or
unintentionally) our title, rights, interests or property or those of other
Website users or of anyone else who could be harmed by such activities.
We also reserve the rights to disclose, without notice to you, personal
information in response to a subpoena or other judicial order or when we believe
in good faith that such disclosure is required by any law, regulation or listing
requirement or by any stock/securities exchange, governmental or regulatory
authority.
We
may use or disclose information (including, without limitation, personal
information) to any or all companies or other business entities (whether
partnership or sole trader) that are associated, connected, or related (whether
directly or indirectly, in fact or law, as holding company, affiliated company,
or as ultimate beneficial owner, or otherwise) to us , which may, in turn, use
such information (including, without limitation, personal information) to
deliver information to you that, in some cases, is targeted to your interests,
such as targeted banners, new services and promotions. We may use your email
address, mailing address and phone number to contact you regarding
administrative notices, new product offerings and communications that we may
consider to be relevant to you.
6.
Personal Data (Privacy) Ordinance
Under
this Ordinance, you may have the right:
Kenfair
may charge a reasonable fee for processing any data access request.
7.
Use of Personal Data in Legal Proceedings
If
it becomes necessary that we have to take action against you for any reason
whatsoever including unpaid fees, you expressly agree that the personal data
provided by you can be relied upon in identifying and taking action against you.
8.
Hyperlinks
This
Privacy Policy Statement only applies to the Website. If you click on any
advertisement or hyperlink linking to another Website, you will leave the
Website for another location. The protection of your privacy, personal data and
your exposure to cookies are not the responsibility of Kenfair and you should
refer to the privacy policies of that other location (if any).
9.
Cookies
As part of our service, we use cookies to store and sometimes track information
about you. A cookie is a small amount of data that is sent to your browser from
a web server and stored on your computer's hard drive. Generally, we use cookies
to remind us who you are and enable us to access your account information so you
do not have to re-enter it; gather statistical information about usage by
registered or unregistered users, research visiting patterns and help target
advertisements based on user interests; assist our retail partners track visits
and process orders; and track progress and participation in promotions.
Preferences and options configurations in your browser determine if and how a
cookie will be accepted. You can change those configurations on your computer if
you desire. By changing your preferences, you can accept all cookies, you can be
notified when a cookie is set or you can reject all cookies. If you do so and
cookies are disabled, you may be required to re-enter your information more
often and certain features of our Website may be unavailable.
10.
Security
Where
personal data is stored electronically, it will be kept in a password-protected
form. Personal data, whether stored in electronic form on computers or in
hard-copy form will be accessible only by authorized employees of Kenfair.
Employees designated to handle personal data will be made acquainted with this
Privacy Policy Statement and told how to fulfill our obligations to you.
Important
Notice
:
Although we adhere to industry standard
practices to protect your personal information and confidential data, we cannot
ensure that such information and data will never be disclosed in ways not
otherwise described in this Privacy Policy.
11.
Changes to Privacy Policy
Any changes to our Privacy Policy will be communicated through our Website in
advance of its effective date. Information collected before changes are made
will be secured according to the previous Privacy Policy.
12.
Your Feedback
Kenfair welcomes your continuous input regarding our Privacy Policy or our
services provided to you. You may send us your comments and responses to info@kenfair.com.