| Welcome to www.nikkosports.com ("Website")
operated by Wah Shing Sports Trading Company Limited ("Wah Shing").
Please read carefully the following Terms of Use, which govern your use of
the Website and/or the information contained therein. |
| Throughout the Website, the terms "we", "us"
and "our" refer to NIKKO. |
| By accessing the Website, you agree
to be bound by the Terms of Use as well as accepting the "Personal Data (Privacy) Policy Statement"
("Statement") posted on the Website. |
| We reserve the right to change the Terms of Use from time to
time without notice to you. Your continued use of the Website following such
change shall be deemed as your acceptance of the amended Terms of Use. If at
any time you do not agree to the Terms of Use, please do not use the Website. |
| The Terms of Use are written in both English and Chinese. In the
event of any discrepancy or inconsistency between the English version and the
Chinese version, the former shall prevail. |
| 1.
Use of the Website |
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| 1.1 |
The Website may be
used only for lawful purposes and in a lawful manner. You agree to comply
with all applicable laws and regulations regarding the Website. |
| 1.2 |
You are prohibited
from violating or attempting to violate the security of the Website,
including without limitation accessing data not intended for you, logging
into a server which you are not authorised to access, probing, scanning or
testing the vulnerability of a system or network utilized by the Website,
breaching the security or authentication measures adopted by us for the
Website and interfering with the access to or use of the Website by other
users. |
| 1.3 |
You shall not misuse
the Website by knowingly introducing viruses, Trojans, worms, logic bombs or
any other materials which are malicious or technologically harmful, and shall
not attack the Website in any manner whatsoever, including without limitation
via denial-of-service attack or distributed denial-of-service attack. |
| 1.4 |
In the event that
you have breached or violated, or we suspect that you have breached or
violated or attempt to breach or violate, any provisions of the Terms of Use
or any applicable laws and regulations, we shall have the absolute right to
expel you and prevent your further access to the Website (by way of,
including but not limited to, blocking your Internet Protocol (IP) address)
without notice and compensation of any kind to you. |
| 1.5 |
Your breach or
attempted breach of the Terms of Use, including without limitation this
Clause [1], will subject you to civil liability and possibly also criminal
liability, whereupon we shall take legal actions against you as we deem
necessary and expedient, including without limitation reporting to the
relevant law enforcement authority(ies) and disclosing your identity to them. |
| 2.
Intellectual Property Rights |
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| 2.1 |
All contents on the
Website (including without limitation text, designs, pictures, graphics,
logos, icons, images, layout, brands, illustrations, audio and video clips,
interfaces, codes, software, the compilations, selections and arrangements
thereof and other proprietary materials contained on the Website) are the
exclusive properties of ours, our affiliates (including without limitation
our holding company, subsidiaries and other group members) ("Affiliates"), our licensors or
other third parties, and are protected by copyright, trademark, service mark
and/or other proprietary laws. |
| 2.2 |
Without prejudice to
Clause [2.1], all trademarks used on the Website are the registered or
unregistered marks of ours or our Affiliates or third party licensors, which
are protected by trademark laws. Nothing contained in the Website shall be
construed as granting, by implications, estoppel or otherwise, any licence or
right to use any trademarks displayed on the Website. |
| 2.3 |
You may access,
copy, download and print the materials contained on the Website for your
personal non-commercial use only, provided, however, you will not modify or
delete any copyright, trademark or other proprietary notices in such
materials in whatsoever manner. You will not obtain any right, title or
interest in any of such materials as a result of such access, copying,
downloading or printing. |
| 2.4 |
Any use of the
contents on the Website other than those permitted under the Terms of Use,
including but not limited to modification, removal, distribution,
transmission, reproduction, broadcast, publication, display, licensing,
reverse engineering, transfer or sale of, or commercial exploitation of or
creation of derivative works from, any materials obtained from the Website
(in whole or in part), or use of the Website for purposes competitive to the
businesses of ours or our Affiliates without our prior written consent, is
strictly prohibited. |
| 3.
Contents of the Website |
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| 3.1 |
The maintenance of
the Website and all materials and information presented thereon are intended
for your personal entertainment, information, education and/or communications
only, and shall not howsoever be regarded as our offer for sale of any goods
or provision of any services. For the avoidance of doubt, pictures of the
products displayed on the Website are for reference only. If you wish to
purchase our products online, please visit the relevant "Market
Site(s)" operated by us (or our Affiliates) which link(s) are provided
on the Website, whereupon you will be bound by the relevant terms and
conditions applicable to such "Market Site(s)". |
| 3.2 |
We give no warranty
as to the accuracy, completeness, timeliness, utility or other qualities of
the information contained on or given in relation to the Website, and shall
not be liable for damage of any kind (whether we ought reasonably to have
known or had been advised on the possibility of the same) arising from and/or
in connection with the information contained on the Website. In no event
shall you rely on any of the materials on the Website as the sole basis for
making decisions without consulting primary and more accurate, complete and
timely sources of information. Any reliance on the materials on the Website
is entirely at your own risk. |
| 3.3 |
Any typographical
error, clerical or other error or omission on the Website shall be subject to
our correction at any time without any liability on our part. |
| 3.4 |
We reserve the right
to modify or withdraw, temporarily or permanently, the Website (or any part
thereof) with or without notice to you. In any event, we shall not be liable
to you for any modification to or withdrawal of the Website. |
| 4.
Communication and Submission |
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| 4.1 |
You agree and
consent that any and all comments, messages, data, suggestions, designs,
concepts and other items or materials disclosed, submitted or offered to us
through or in connection with the Website (collectively "Submission") are of
non-confidential basis, save and except for the Submission made under or in
connection with the sections "Franchise Opportunities" and
"Career" and any other sections as we may advise from time to time
of the Website. We shall be under no obligation to (i) maintain any
Submission in confidence (save in relation to the foregoing excepted
Submission); (ii) pay to you or anyone any compensation for or in connection
with the use of any Submission; or (iii) respond to any Submission. |
| 4.2 |
You represent and
warrant that no Submission by you (i) violates any applicable laws or
regulations; (ii) infringes the copyright, trademark, trade secrets or other
intellectual property rights of others or violates the privacy or publicity
or other personal rights of others; (iii) is libelous, defamatory, obscene,
pornographic, scandalous, threatening, abusive or hateful; (iv) advertises or
solicits funds, goods, services, or disseminates any junk mails, spam, chain
letters, schemes or other forms of solicitation (unless the nature of the
Website requires such activities); or (v) contains viruses, Trojan horses,
worms, corrupted files, or other materials that may cause damage to another's
computer. |
| 4.3 |
You shall not use a
false email address, impersonate any person or entity, or otherwise mislead
us as to the origin of any Submission. |
| 4.4 |
If you make any
Submission through the Website, you unconditionally grant us and our
Affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully
sub-licensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute and display such material throughout
the world in any media (subject to Clause [4.1]) and carry out any other
lawful purposes, without any compensation to you or any other person. |
| 5.
Link to other websites |
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| Where the Website provides links to other websites which are
operated by our Affiliates or any other third parties, these are provided
solely as a convenience to you, and shall not in any way be regarded as an
endorsement of any kind by us approving the contents on such websites. If you
access any of such websites, you do so entirely at your own risk and are
subject to the terms and conditions applicable thereto. We neither take any
responsibility for nor make any representations, warranties or undertakings
(whether express or implied) as to their availability and the contents
contained therein. We shall not be responsible for any loss, damage or other
liability incurred as a result of your use of any of such websites. Any
questions or comments relating to such websites shall be addressed to the
operators and/or proprietors of such websites. |
| 6.
Disclaimer and Limitation of Liability |
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| 6.1 |
Given the
unpredictability of technology and the online environment, we do not warrant
(whether expressly or impliedly) that the function, operation or
accessibility of the Website will be uninterrupted or error-free, that
defects will be corrected, or that the Website or the server that makes it
available will be free of viruses, Trojan horses, worms or other harmful
elements. It is your responsibility to ensure that the right equipment is
available to you in order to properly access and use the Website and screen
out anything that may damage your computer. We accept no liability whatsoever
and howsoever arising from and/or in connection with your use of or inability
to access the Website. |
| 6.2 |
The Website and its
contents are provided on an "as is" basis at your own risk without
any warranties of any kind. To the fullest extent permissible under
applicable laws and regulations, we disclaim any and all warranties of any
kind, whether express or implied, in relation to the Website and the
information contained therein. |
| 6.3 |
We shall not be
liable for any failure, delay or default in carrying out our obligations or
duties hereunder directly or indirectly caused by or resulted from acts of
God, fire, flood, accident, riot, war, terrorist attack, government
intervention, embargoes, strikes, labour disputes, equipment failures
(including but not limited to Internet system failure), or any other causes
beyond our reasonable control. |
| 6.4 |
Without prejudice to
this Clause [6] and subject to applicable laws and regulations, our aggregate
liability to you for all claims arising from your use of the Website shall be
limited to the amount of HK$50. |
| 7.
Indemnity |
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| You irrevocably and unconditionally agree to defend, indemnify
and hold harmless us, our officers, directors, agents, employees,
contractors, franchisees, licensors, licensees, other representatives and
Affiliates from and against all claims, actions, demands, liabilities,
expenses, losses, damages and other costs whatsoever (including but not
limited to any claims made against us by any third party) arising from and/or
in connection with your use of the Website or breach of the Terms of Use. |
| 8.
Privacy Policy |
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| We respect your privacy and are
committed to protect your personal information and data. Please refer to
the Statement for details. |
| 9.
Entire Agreement |
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| The Terms of Use shall constitute the entire agreement between
you and us relating to your use of the Website, and shall replace and
supersede all other communications (written or oral), discussions, letters
and contracts relating to the subject matter hereof. |
| 10.
Assignment |
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| You shall not assign or transfer any of your rights or
obligations under the Terms of Use without our prior written consent. |
| 11.
Waiver |
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| No failure or delay by us in exercising any right, power or
remedy under the Terms of Use shall operate as a waiver thereof, nor shall
any single or partial exercise of the same preclude any further exercise
thereof or the exercise of any other right, power or remedy. Without limiting
the foregoing, no waiver by us of any of your breach of any provision of the
Terms of Use shall be deemed as a waiver of any subsequent breach of that or
any other provision herein. |
| 12.
Severability |
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| The provisions contained in each clause of the Terms of Use
shall be enforceable independently of each of the others, and its validity
shall not be affected if any of the others is invalid. In the event that any
provision of the Terms of Use is determined to be illegal, invalid or
unenforceable, the validity and enforceability of the remaining provisions of
the Terms of Use shall not be affected and, in lieu of such illegal, invalid
or unenforceable provision, there shall be added as part of the Terms of Use
one or more provisions as similar in terms as may be legal, valid and
enforceable under the applicable laws. |
| 13.
Governing Law and Dispute Resolution |
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| The Terms of Use shall be governed by and construed in
accordance with the laws of the Hong Kong Special Administrative Region of
the People's Republic of China ("HKSAR"). You irrevocably agree
that the courts of the HKSAR shall have exclusive jurisdiction in relation to
any claim or dispute arising out of or in connection with the Terms of Use or
the breach, termination or invalidity thereof. |
| 14.
Enquiries |
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| If you have any enquiries relating to the Website,
please email us at cs@nikkosports.com.hk. Whilst we
endeavour to respond to each and every enquiry that you make as instantly as
practicable, we shall not be responsible and/or liable for any delayed
response or omission to respond. |
