ELLALAN Website Terms of Use

This Terms of Use of ELLALAN’s website, www.ellalan.com (“Website”), is an agreement between you and ELLALAN that describes the terms and conditions under which you may use our Website owned and operated by ELLALAN (“Terms of Use”). For purposes of These Terms of Use, “you” and “your” each means you as the user of the Website.

Your access to and use of our Website are also subject to our Privacy Policy and Disclaimer.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING, BROWSING AND/OR USING OUR WEBSITE, YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF USE.

If you do not accept this Terms of Use in full, please refrain from using the Website IMMEDIATELY.

1. CHANGE OF TERMS

ELLALAN (“us”, “we”, “our”) reserves the right to amend this Terms of Use at any time in our sole discretion without notice or liability to you. Changes are effective when posted on this Website and your continued use of the Website constitutes acceptance to those changes.

2. WEBSITE ACCESS AND CONTENT

This Website presents information, data, content, news, reports, programs, video, audio and other materials and services including subscription services, communications, transmissions and other items, tangible or intangible (collectively, the “Information”).

While we endeavour to take reasonable care in preparing and ensuring that the Information on this Website is up-to-date, we do not warrant the accuracy, currency, reliability, adequacy or completeness of any of our Website content. You acknowledge and accept that the Website content may include technical inaccuracies.

You acknowledge that it is your responsibility to contact us directly to ensure the accuracy and currency of the Information you seek to rely upon. To the extent permitted by law, we disclaim all liability for loss directly or indirectly arising from your use of or reliance on the Information or the Website content.

The Website content is subject to change at any time and may be out of date at any given time. If the need arises, we may suspend access to the Website, or close it indefinitely.

We reserve the right at all times to deny or prohibit your access to the Website or any part thereof immediately and without notice, where we are of the opinion that you have breached any of the terms in this Terms of Use or that such prohibition or denial is appropriate, desirable or necessary in our sole opinion.

3. YOUR USE OF OUR WEBSITE

As a condition of your use of the Website, you must not:

3.1. trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our web servers, and/or any data areas for which you have not been duly authorised by us;

3.2. change, add to, remove, deface or otherwise interfere with this Website or any Information displayed on the Website;

3.3. restrict or inhibit any other users from using and accessing the Website;

3.4. transmit any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable law onto the Website;

3.5. transmit or introduce any advertisements, solicitations, other unsolicited commercial communication, or engage in spamming or flooding onto the Website;

3.6. transmit or introduce any viruses, trojans, worms, logic bombs, or other material which is technically harmful onto the Website;

3.7. publish, transmit, reproduce, distribute or in any way exploit any Information obtained from the Website for commercial purposes without first obtaining our express consent in writing; or

3.8. upload, post, publish, transmit, reproduce, or distribute in any way, any component of the Website itself or any Information obtained from the Website which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without our prior written permission.

You have no rights in or to the Information and you will not use the Information for any purposes, except as permitted under this Terms of Use.

4. THIRD PARTY INFORMATION AND WEBSITES

The Information may contain information provided by or sourced by us from third parties, including but not limited to news agencies, business information sources, press releases or other references or sources.

We are not responsible if any such Information is not up-to-date or accurate. We do not separately verify the Information provided by such third party or agency and you are cautioned thus as to the reliability and accuracy of the Information. We do not accept any responsibility whatsoever in respect of any such Information. Any use of and reliance on such Information is at your own risk.

The Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated in writing, we do not control, sponsor or approve any such third party websites on their content, products or other materials available on those websites nor do we provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content, products or other materials available therein.

5. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights subsisting in respect of the Website, including but not limited all information, photographs, illustrations, artworks and other graphic materials, names, logos, trade marks, domain names, belong to us or have been lawfully licensed to us for use on the Website. Any such content may be printed and displayed for your personal, non-commercial use within your organisation (if applicable) provided that the copyright notice on such a display or page is not removed. Except with our express permission, you are not allowed to upload, post, publish, reproduce, sell, broadcast, transmit or distribute in any way any component of the Website itself or create derivative works with respect thereto. For the avoidance of doubt, we do not grant any license or right in, or assign all or part of the intellectual property rights subsisting in respect of the Website to you.

You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us (“Feedback”) in connection with the Website for any purpose without any payment to you. Any Feedback you send to us on or via the Website will be deemed to be non-confidential and non-proprietary unless it is indicated to be otherwise. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.

6. LIMITED LIABILITY AND WARRANTY

6.1. YOUR ACCESS TO AND USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND FOR YOUR PERSONAL USE ONLY.

6.2. THE WEBSITE IS PROVIDED “AS IS” OR “AS AVAILABLE.” AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EXPRESS OR IMPLIED.

6.3. 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 MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR WEBSITE.

6.4. We do not guarantee or assume any responsibility that :

6.4.1. the Information on the Website is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;

6.4.2. access to our Website will be free of free of defect, error, omission, uninterrupted or that the Website is free from viruses or anything that may damage, change, erase, add to any computer or device or any data on such computer or device;

6.4.3. messages or data sent through the Website will be free from interception, corruption or loss;

6.4.4. access to the Website will be available or be uninterrupted; or

6.4.5. defects in the Website will be corrected.

In no event shall we be liable to you or any other person for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, including any loss of business, revenue or profit and anticipation of the foregoing, arising out of any use, or inability to use, the Information, even if we have been advised of the possibility of such damages.

You will exercise and rely solely on your own skill and judgment in your use and interpretation of the Information. You are responsible to ensure that your use of the Information complies with all applicable legal requirements.

The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.

7. INDEMNITY

You agree to defend, indemnify and hold us, our employees, agents, officers, directors, agents, contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees), in connection with or arising from your breach of this Terms of Use and/or your use of the Website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.

8. SEVERABILITY

If any court of law, having jurisdiction to decide on this matter, rules that any provision of These Terms of Use is invalid, then that provision will be removed from These Terms of Use without affecting the rest of the Terms of Use, and the remaining provisions of the Terms of Use will continue to be valid and enforceable.

9. MISCELLANEOUS

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. No one other than a party to this Agreement, their successors and permitted assignees, shall have any rights under the Contract (Rights of Third Parties) Ordinance (Cap. 623 of the Hong Kong Laws) to enforce any term of this Terms and Conditions.

10. GOVERNING LAW AND JURISDICTION

This Terms of Use shall be governed by the law of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.

If you have any questions to These Terms of Use or our Website, please contact us at enquiry@ellalan.com.