We, Modern Terminals Limited, own and operate this web site, ModernPorts.com.
By applying for membership with us to enter the Members Section
of our web site, you are deemed to have accepted the Terms and Conditions
set out hereunder and our Internet Privacy Policy Statement. Please
read these Terms and Conditions and our Internet
Privacy Policy Statement very carefully. We may, in our sole
discretion, revise these Terms and Conditions and our Internet Privacy
Policy Statement from time to time without notifying you in advance.
Your continued use of our services will be deemed acceptance of
the prevailing Terms and Conditions and the Internet Privacy Policy
Statement as may be revised from time to time by us.
| 1. |
Membership |
| 1.1 |
You can apply to become a member by completing
our prescribed registration form.
You warrant and represent that all the information you provide
in the registration form is true, accurate, up-to-date and complete
and you will promptly notify us of any changes. You acknowledge
that your eligibility to membership and entitlement to any services
we may provide is entirely at our discretion. Once your application
is accepted, we shall provide you a password and user name (or
passwords and user names as the case may be) by use of which
you can access to such part of our Members Section as your membership
may allow. |
| 1.2 |
You cannot assign or transfer your membership
or allow any third party to use your user name(s) and/or password(s)
without our prior written consent. |
| 1.3 |
Once a user name and password is allocated, you
shall keep them strictly confidential. We accept no responsibility
for any misuse or misappropriation of your user name and/or
password and you accept full responsibility for any such misuse
or misappropriation. You further accept unreservedly that any
transmission which properly identifies your user name and password
shall be deemed to originate from you. All offers or acceptance
you made are irrevocable once posted. We suggest you to immediately
notify us to effect any changes if you know or have reasons
to suspect that your user name and password has been known to
a third party or has been misused. |
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| 2. |
Entitlement |
| 2.1 |
Once you are accepted as a member, you are entitled
to have access to such part of our Members Section as we shall
prescribe and to enjoy the services offered therein. |
| 2.2 |
You acknowledge that we do not accept any legal
responsibility of your conduct by accepting you as a member.
For the avoidance of any doubt, you and we are independent parties
and nothing herein shall be construed to form any principal/agency,
partner or joint venture relationship between you and us or
between you and any other user or member of this web site. We
reserve the right to revoke your membership if, in our opinion,
you engage in any fraudulent, unfair or dishonest trade practice,
or your conduct over the internet is abusive or would interfere
with or disrupt our normal operation. |
| 2.3 |
You can elect to establish a hypertext link of this web
site to your web site (if you have one) by completing the
election set out in the registration form. By completing that
section, you will be deemed to have accepted the Terms and
Conditions of the linking set out in the registration form.
If you intend to have a hypertext link to this web site, you
should obtain our prior written approval.
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| 3. |
General Conduct |
| 3.1 |
You are solely responsible for maintaining whatever
system, equipment and facilities to access our web site and
to extract the information available to you. You shall make
all enquiries and take all steps to ensure system compatibility
between yourself and our web site. |
| 3.2 |
You will not:- |
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(a) |
post, upload, transmit, distribute or otherwise
publish on or through this web site: |
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(i) |
any material that is unlawful, intimidating or
contrary to public morality or decency; |
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(ii) |
any statement or image that is abusive; |
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(iii) |
anything which would restrict or hamper other
users and/or members from using and enjoying this web site and
sites linked hereto; |
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(iv) |
any material containing a virus or other component
which may affect the functionality of this web site and other
linked web sites or may cause damage to, interference with,
erosion of data or system belonging to us, owners of linked
web sites or other user or member of this web site; |
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(v) |
any misleading or incorrect information; |
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(b) |
tamper or interfere with, intercept or expropriate
any computer programme, system data or information belonging
to or used by us or any third party; |
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(c) |
gain unauthorised access to other sites or systems through
this web site;
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(d) |
intrude other user's privacy or disclose or publish
any user name or password belonging to other members; |
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(e) |
make any linking to other sites or framing of
materials from other sites unless you have our prior written
approval. |
| 3.3 |
You acknowledge that we do not accept any legal
responsibility by accepting or approving your conduct on or
through this web site. For the avoidance of doubt, our acceptance
or approval does not absolve any of your obligations owed to
us and to other users or members of this web site under these
Terms and Conditions. |
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| 4 |
Payment of fees |
| 4.1 |
There will be a monthly fee payable in advance
in respect of certain type of members, particulars of which
can be found in the registration form. There will also be a
transaction fee for certain services, details of which will
be posted from time to time on our web site. We reserve our
right to revise the monthly fee or levy or revise transaction
fees for our services at any time. Such new or revised fees
will be published by a general message on this web site. |
| 4.2 |
The method of payment is also listed in the registration
form and we may require your autopay or credit card payment
authorisation. You accept that transmission of information of
your bank account and/or credit card account to us is made at
your own risks. |
| 4.3 |
Our fee statement may be sent to you on-line or
by such other means as we deem fit. Our record and our fee statement
shall be deemed binding and conclusive unless an objection with
proper substantiation is received by us within 7 days from our
delivery of the statement. Failure to pay our fees promptly
on the relevant due date may result in suspension or cancellation
of your membership. Without prejudice to the foregoing, we may
impose an interest rate of 2% per month for any overdue fees. |
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| 5. |
Information |
| 5.1 |
You undertake to abide by all applicable laws
and regulations in the conduct of your activities on or through
this web site and accept sole responsibility for any information
you post on this web site or the contents of any communication
you make via this web site. Without prejudice to the generality
of the foregoing, you undertake that any material you post or
communicate via this web site shall not:- |
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(a) |
contain anything which would infringe any rights
of third party, including without limitation, intellectual property
rights or any rights of portrait, privacy, secrecy or publicity; |
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(b) |
be obscene, blasphemous, libellous or defamatory; |
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(c)
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contain any national security materials or politically inaccurate
or ambiguous statements or materials.
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| 5.2 |
You accept that whilst we have no obligation to
monitor, check or scan through the contents and/or any information
you may post on or communicate via this web site, we reserve
the right to remove or take such action we shall deem appropriate
if we are of the opinion that any information or material you
post on or communicate via this web site may give rise to any
liability or would offend, upset or incite other members. |
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| 6. |
Acknowledgement |
| 6.1 |
You acknowledge that this web site is a neutral
platform which provides users and members with access to on-line
information and services offered from time to time. The actual
provision of our terminal services to individual member shall,
unless otherwise agreed, be subject to the respective contract
from time to time in force between us and such member or, in
the absence of such a contract, our Terms of Business (a copy
of which is available from us upon request). |
| 6.2 |
In addition to these Terms and Conditions, specific
terms, guidelines and rules may be posted from time to time
for particular services. These specific terms, guidelines or
rules shall form part of these Terms and Conditions and shall
override any provisions herein which are contrary thereto. |
| 6.3 |
Any information you may obtain from this web
site shall be for your normal business use only. You acknowledge
that all information, data and materials developed, collected
or compiled by us in connection with the operation of our web
site shall be our exclusive property; no infringement is allowed.
Without prejudice to the foregoing, you are specifically not
allowed to copy reproduce publish distribute sell or in any
way deal with any information data or materials obtained on
or via this web site directly or indirectly in competition with
us or offer such information data or materials for any commercial
gain. Any third party contents published and/or posted on our
web site shall be the property of the respective intellectual
property owners; you likewise agree not to infringe any such
property. |
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You further acknowledge that the ownership of any work (including
the intellectual property rights therein) resulting from the
interpretation, selection, processing, analysis and compilation
of any information you may provide shall belong to us absolutely
and that we are free to copy, extract, adapt, summarise, analyse,
compile or process any information or material you may supply
to us for posting, communication or further dissemination
on or through our web site.
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| 6.5 |
You agree that the provision of goods and services
advertised or posted on our web site does not constitute an
offer, unless it expressly states so. We or the goods or services
provider shall retain the sole discretion whether or not to
accept your application for any goods and services via this
web site. |
| 6.6 |
You accept that we make no warranty of any kind,
express or implied, as to the identity or reliability of any
supplier or purchaser nor the quality of any goods or services
advertised or offered on our web site or web sites that are
linked to our web site. You shall be solely responsible for
verifying the party you may wish to enter into a contract with
and the quality of any goods or services you may seek or acquire
via our web site or via any links to or from our web site. |
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| 7. |
Disclaimer |
| 7.1 |
We disclaim and make no warranty representation
or undertaking that:- |
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(a) |
our web site is error or virus free; |
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(b) |
access to or operation of our web site will be
uninterrupted; |
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(c) |
our web site is compatible with the operation
of your system or systems of other users; |
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(d) |
all information on our web site is true, complete,
up-to-date, accurate or reliable;
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(e) |
any transmission via our web site is secured; |
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(f) |
all transmission will be duly or timely delivered
on or through our web site;
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(g) |
all information which is posted or exchanged on
or through our web site will be properly, accurately and fully
stored;
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(h) |
our selection, processing, analysis and compilation
of any information is complete or accurate; |
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(i) |
we endorse, approve or are otherwise responsible
for any contents of other web sites and pages linked to our
web site. |
| 7.2 |
We provide our web site on an "as is"
basis without any warranty or condition, express or implied.
You acknowledge and agree that use of our web site and any information
obtained therefrom is at your own risk and discretion and we
hereby expressly disclaim all warranties of any kind, to the
fullest extent permitted by law, including but not limited to
all implied warranties as to merchantability, fitness for particular
purpose, title and non-infringement. |
| 7.3 |
You irrevocably agree to unconditionally release
us from any claims or damages arising out of or in any way connected
with the use of our web site. |
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| 8. |
Limitation of Liability |
| 8.1 |
We shall not be liable for any damages whether special,
incidental or consequential, directly or indirectly, related
to the use of, or the errors, defects or malfunction of, or
the inability to use (whether due to communication failure,
incompatibility, computer virus, unlawful interception etc),
or the delay in using our web site or the content, materials
or functions related thereof, including without limitation
loss of business, revenue, profits or reputation notwithstanding
whether or not we have been advised of or foresee the possibility
of such damages.
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| 8.2 |
If notwithstanding anything to the contrary in
these Terms and Conditions, we shall be held liable to you by
law under any provisions hereof, such liability shall be limited
to and in no circumstances exceed the monthly fee paid or payable
in the month in which the liability arises. |
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| 9. |
Indemnification |
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You agree to indemnify, defend and hold us harmless
against all claims and damages (including without limitation
all legal costs) which arise from your breach of any of the
Terms and Conditions herein or your use of our web site. |
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| 10. |
Termination |
| 10.1 |
Both you and we can serve no less than one month's written
notice to the other to terminate your membership without cause.
In the event of any breach on your part, we may terminate
or suspend your membership forthwith. A notice of termination
or suspension may be given by post, by hand or by email.
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| 10.2 |
Upon termination of your membership, your user name and
password will become ineffective and you shall no longer have
access to our Members Section or any other section which is
not open to the public.
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| 11. |
Miscellaneous |
| 11.1 |
Any provision of these Terms and Conditions prohibited
by or declared unlawful or void or unenforceable under any applicable
law actually applied by any court of competent jurisdiction
shall, to the extent required by such law, be severed herefrom
and rendered ineffective so far as is possible without modifying
the remaining provisions of these Terms and Conditions and shall
not in any way affect any other circumstances or the validity
or enforcement of the remaining Terms and Conditions. |
| 11.2 |
No failure or delay on our part to exercise any
right, power or remedy under these Terms and Conditions shall
operate as a waiver thereof, nor shall any single or partial
exercise by us of any right, power or remedy preclude any other
or further exercise thereof or the exercise of any other right,
power or remedy. |
| 11.3 |
These Terms and Conditions may be available in
Chinese. The English version shall prevail if there is any inconsistency
between the English version and the Chinese version. |
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| 12. |
Governing Law |
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These Terms and Conditions shall be governed by the laws
of the Hong Kong Special Administrative Region ("Hong
Kong") and the parties agree to submit to the exclusive
jurisdiction of the Hong Kong courts.
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