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BEFORE USING THIS
WEBSITE PLEASE READ
THE TERMS OF USE SET
FORTH BELOW, AS THEY
APPLY TO YOUR USE OF
THIS WEBSITE. BY
USING AND CONTINUING
ACCESS TO THIS
WEBSITE, YOU SHALL
CONCLUSIVELY BE
DEEMED TO HAVE
ACCEPTED THE TERMS
OF USE SET FORTH BELOW.
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1. Definitions
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In these Terms of
Use, the following
words and
expressions shall
have the following
meanings: -
"Information" means
information, data,
text, content,
analysis, news,
reports, programmes,
photographs,
picture, graphics,
video, audio,
software and other
materials,
communications,
transmissions and
other items,
tangible or
intangible;
"Services" means
services as may be
offered from time to
time on this
Website; "Terms of
Use" means the terms
of use set out below
as amended from time
to time; "we", "our"
or "us" means the
XiangYi Power
Testing Instrument
Co. Ltd..
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2. Changes To
Website
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We may, in our sole
discretion and at
any time, without
notice to you, add
to, amend or remove
any Information from
this Website, or
alter the
presentation,
substance, or
functionality of
this Website.
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3. Changes of Terms
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We may amend, add or
delete any provision
of the Terms of Use
from time to time in
our sole discretion
and such amendment,
addition or deletion
shall be effective
immediately upon
either posting the
modified Terms of
Use or notifying
you. You agree to
review these Terms
of Use periodically
to ensure that you
are aware of any
modifications. Your
continued access of
and use of the
Information of this
Website and Services
following such
amendments to the
Terms of Use, shall
conclusively be
deemed to be your
acceptance of the
modified Terms of
Use.
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4. User's Conduct
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As a condition of
your access or use
of this Website, you
must not:
-
Trespass, break
into, access,
use or attempt
to trespass,
break into,
access or use
any parts of our
servers, and/or
any data areas
for which you
have not been
authorised by
us; or
-
Restrict or
inhibit any
other user from
using and
enjoying the
Website; or
-
Post or transmit
any unlawful,
fraudulent,
libellous,
defamatory,
obscene,
pornographic,
profane,
threatening,
abusive,
harmful,
hateful,
offensive, or
otherwise
objectionable or
unreasonable
Information of
any kind,
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; or
-
Post or transmit
any
advertisements,
solicitations,
chain letters,
pyramid schemes,
junk email,
investment
opportunities or
schemes or any
other
unsolicited
communications
or messages
(commercial or
otherwise), or
engage in
spamming or
flooding; or
-
Post or transmit
any Information
or software
which contains
any virus,
trojan horse,
worm or other
harmful
component or any
other computer
code, files or
programs
designed to
interrupt,
destroy or limit
the
functionality of
this Website or
any computer
software or
hardware; or
-
Post, publish,
transmit,
reproduce,
distribute or in
any way exploit
any Information
obtained through
this Website for
commercial
purposes; or
-
Upload, post,
publish,
transmit,
reproduce, or
distribute in
any way,
Information
obtained through
this 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
rightholder or
otherwise
infringe any
patent,
trademark, trade
secret or other
intellectual
property rights
or other rights
of third
parties; or
-
Stalk or
otherwise harass
or violate the
legal rights of
others; or
-
Collect or store
personal data
about other
users.
You have no rights
in or to the
Information
available on this
Website and you will
not use the
Information
available on this
Website in any
manner or for any
purpose, except as
permitted by laws or
under these Terms of
Use.
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5. Prohibition of
Access
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We reserve the right
at all times to
prohibit, deny or
suspend your access
to this Website or
any part thereof
immediately and
without notice,
where we consider it
unacceptable or we
are of the opinion
that you have
breached any of the
terms contained in
the Terms of Use or
that such
prohibition or
denial is
appropriate,
desirable or
necessary in our
sole discretion. For
the avoidance of
doubt, Clauses 4, 7
and 8 shall remain
valid and subsisting
notwithstanding that
your access to this
Website or any part
thereof is
prohibited, denied
or suspended.
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6. Links to and from
the Website
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The links on this
Website may take you
to other sites that
are not under our
control. Links to
other websites do
not constitute an
endorsement by us of
such websites or the
Information,
products,
advertising or other
materials available
on those websites.
You acknowledge and
agree that we have
no responsibility
for the content,
accuracy or
availability of any
Information provided
by linked websites
or liable for any
loss or damage
caused by, arising
out of or in
connection with use
of or reliance on
any Information,
materials, goods or
services available
on or through any
such websites.
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7. Indemnity
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You agree to defend,
indemnify and hold
us, our
subsidiaries,
affiliates and their
respective
directors, officers,
employees and agents
harmless from and
against all
liabilities,
damages, claims,
actions, costs and
expenses (including
without limitation
legal fees), in
connection with or
arising from your
breach of any of
these Terms of Use
and/or your use of
this Website. We
may, if necessary,
participate in the
defense of any claim
or action and any
negotiations for
settlement in
respect of the
aforesaid matters.
No settlement which
may adversely affect
our rights or
obligations shall be
made without our
prior written
approval. We reserve
the right to assume
defense and control
of any claim or
action exclusively.
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8. Limited Liability
And Warranty
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All Information in
this Website is for
your general
reference only. We
do not accept any
responsibility
whatsoever in
respect of such
Information.
The Services and
Information of this
Website are provided
on an "as is", "as
available" basis
without any
representation or
warranty of any
kind, whether
expressed or
implied, including
without limitation
any warranties of
accuracy,
completeness,
quality, timeliness,
availability,
non-infringement of
copyright or any
other intellectual
property rights or
on merchantability
or fitness for any
particular purpose
of the Information
contained in this
Website other than
those warranties
which are implied by
and incapable of
exclusion,
restriction or
modification under
the laws applicable
to the Terms of Use.
In particular, we do
not warrant that the
Information
contained in this
Website will be
uninterrupted or
error free, that
defects will be
corrected, or that
this Website or the
server that makes it
available is free of
any virus or other
contaminating or
destructive
components.
In no event shall we
be liable for any
direct, indirect,
incidental, special,
economic or
consequential loss
or damages of any
kind whatsoever
(including without
limitation damages
for loss of profits,
business
interruption, loss
of information or
data or loss of use
of any equipment or
software), howsoever
caused, arising out
of the use or the
inability to use the
Information
contained in this
Website or any other
matter related to
this Website, even
if the same is known
to us.
You understand and
agree that any
Information
downloaded or
otherwise obtained
through the use of
this Website or the
Services is at your
own discretion and
sole risk and that
you will be solely
responsible for any
damage to your
computer system or
loss of data that
results from the
download of any such
Information.
The limitation of
liability contained
in these Terms of
Use will apply to
the fullest extent
permitted by
applicable laws. 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 referred to
in the linked
websites. We are not
and will not be a
party to any
transaction between
you and any third
party.
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9. Privacy Policy
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For information
about our privacy
policies and
practices, please
refer to our
Privacy Policy
Statement.
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.
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10. Feedback
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If you have any
question, request or
comment in
connection with this
Website, please send
us by e-mail to:
info@powerlinkpt.com.
You acknowledge and
agree that we shall
be free to copy,
disclose, distribute
or otherwise use any
material, including
without limitation,
any ideas,
suggestions,
submissions,
information or other
communications
transmitted or
posted to this
Website by you for
any purposes as we
deem fit without
liability or
compensation to any
person or entity.
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11. Severability
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In the event that
any term or
provision of these
Terms of Use shall
be determined by any
competent authority
to be invalid,
unlawful or
unenforceable to any
extent, such term or
provision shall to
that extent be
severed from the
remaining terms and
provisions which
shall continue to be
valid to the fullest
extent permitted by
the applicable laws.
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12. Notice
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Notices to you may
be made via email or
regular mail. We may
but not obliged to
provide notices of
changes to the Terms
of Use or other
matters by
displaying notices
or links to you
generally on this
Website.
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13. Governing Law
and Jurisdiction
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These 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.
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14. Chinese Version
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If there is any
conflict or
discrepancy between
the English version
of the Terms of Use
and its Chinese
translation, the
English version
prevails. If any
part of the Chinese
translation is
unclear, reference
should be made to
the English version.
The Chinese
translation shall
not be translated
into English for the
purpose of comparing
with or interpreting
the English version.
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