Terms of Use | HKRITA

Terms of use

This Website (as defined below) is owned and operated by The Hong Kong Research Institute of Textiles and Apparel Limited (“HKRITA”), a company limited by guarantee incorporated in the Hong Kong Special Administrative Region (“Hong Kong”) .

Any and all access to and use of this Website are subject to, and constitute each Visitor’s (as defined below) acknowledgment and acceptance of, the following terms (the "Terms of Use"). If any Visitor does not accept these Terms of Use, the Visitor must stop accessing and using this Website.

Definitions and interpretation
1. In these Terms of Use, the following words and expressions shall, unless the context otherwise requires, have the following respective meanings:-
  "HKRITA Content" shall mean this Website, and all contents, information, applications, programmes, texts, images, links, sounds, graphics, videos, software and other materials displayed or made available on this Website, and all files within and attachments transmitted through this Website and all data within such files and attachments, but excluding any Third Party Content.
  "HKRITA Indemnitees" shall mean HKRITA and its directors, officers, employees, representatives and agents.
  "Intellectual Property Rights" shall mean all copyright, patents, utility models, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
  "Liabilities" shall mean claims, demands, damages, losses, liabilities, settlement sums, suits, actions, proceedings, judgments, fines, penalties, charges, costs and expenses (including but not limited to legal costs and expenses) on a full indemnity basis.
  "Overall Content" shall mean the HKRITA Content and the Third Party Content, collectively.
  "Specific Services" shall mean those services, provided by HKRITA in or through this Website.
  "Specific Terms" shall mean the respective terms and conditions applicable to Specific Services.
  "Third Party Content" shall mean those contents, information, applications, programmes, texts, images, links, sounds, graphics, videos, software and other materials displayed in or made available in or through, included in, posted through, or linked through, this Website (including all files within and attachments transmitted through this Website and all data within such files and attachments), which are submitted by, originate from, are provided by, are obtained from or pertain to third party websites or other third parties, and in or to which the Intellectual Property Rights are not owned by HKRITA.
  "Third Party Licensors" shall mean the respective owners of the titles, rights and interests in or to the Third Party Content.
  "Trade Marks" shall have the meaning ascribed thereto in Clause 3 below.
  "Visitor" shall mean the individual or entity who, or the individual or entity whose agent or representative, accesses and/or uses this Website, or the services, features and functionalities provided in or through this Website, or any of the Overall Content.
  "Website" shall mean the website (including all its pages) on the Internet owned and/or operated by HKRITA, including HKRITA’s website the homepage of which is presently located at www.hkrita.com and any other websites that may be owned and/or operated by HKRITA from time to time in connection with its programmes, initiatives and other activities.
2. In these Terms of Use:
  1. any reference to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time;
  2. words importing the singular shall include the plural and vice versa; words importing a gender shall include every gender;
  3. any references to "Clauses" are references to the clauses of these Terms of Use;
  4. whenever the words "include", "includes" or "including" are used, they will be deemed to be followed by the words "without limitation"; and
  5. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use.
Application of other terms and conditions
These Terms of Use shall apply to each Specific Service, in addition to any and all other Specific Terms applicable to such Specific Service; provided however that in the event of any conflict or inconsistency between any provision of the Specific Terms and any provision of these Terms of Use, the provisions of the Specific Terms shall prevail.
Ownership of Intellectual Property Rights
1. Unless otherwise expressly stated, all title, rights and interests (including without limitation Intellectual Property Rights) in respect of the HKRITA Content are owned by HKRITA. Save as expressly provided otherwise in Clause 4, a Visitor’s use of and access to this Website and any Overall Content do not grant or transfer any title, rights or interest to any Visitor in relation to this Website or the HKRITA Content.
2. Without limiting the generality of the foregoing, the trade marks, service marks, trade names and logos used and displayed on this Website (collectively the "Trade Marks") are owned by or licensed to HKRITA . No right or licence is given to Visitors to download, reproduce or use such Trade Marks. Nothing on this Website shall be construed as granting any Visitor, by implication, estoppel, or otherwise, any licence or right to use any Trade Marks without the written permission of HKRITA and/or relevant Third Party Licensor. The name of HKRITA may not be used in any way without the prior written permission of HKRITA. The names of any third party companies, products, programmes, applications, systems and solutions mentioned or referred to in this Website may be the trade marks of the respective owners/licensors, and in such cases, HKRITA are not and should not be deemed to be connected or associated or affiliated in any way with such other owners/licensors.
3. Each Visitor acknowledges and agrees that:
  1. this Website and the HKRITA Content have been prepared by HKRITA through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money; and
  2. he shall comply with reasonable written requests made by HKRITA in connection with the protection, enforcement or exercise of HKRITA’s contractual and other legal (whether statutory or common law) or equitable rights and remedies in respect of this Website and the HKRITA Content.
Restricted use of Overall Content
1. Visitors may access, view, use, download, reproduce and/or distribute internally non-substantial portions of the HKRITA Content solely and exclusively for personal or internal and non-commercial purposes, PROVIDED HOWEVER THAT:-
  1. such access, view, use, downloading, reproduction and/or distribution of such HKRITA Content (whether in hard copy or electronic form) is not done in any manner which might be competitive with or prejudicial to HKRITA and/or its businesses; and
  2. such HKRITA Content is used, downloaded, reproduced and/or distributed, without modification, and with retention or inclusion of the appropriate notices, including copyright notices and other applicable proprietary notices, indicating HKRITA as the source of such HKRITA Content and prohibiting any further use, downloading, reproduction and/or distribution of such HKRITA Content.
2. Except as expressly permitted in this Clause 4, Visitors may not use, download, copy, reproduce, modify, alter, reverse engineer, decompile, disassemble, separate, sell, transfer, rent, license, publish, republish, display, broadcast, hyperlink, mirror, frame, transmit, store, install, distribute, disseminate in any form or in any manner or by any means, or otherwise allow access to or in any other fashion re-use, all or any part or parts of this Website, the HKRITA Content and/or the Third Party Content, without the prior written permission of HKRITA or the relevant Third Party Licensor, as the case may be.
Modifications
1. HKRITA reserves the right to control the look and feel of this Website at HKRITA’s sole discretion.
2. HKRITA reserves the right to update, suspend, discontinue, alter or modify this Website or any information, data, instructions, functionalities, features, services, products or other content provided in or through this Website (or any part thereof) from time to time and without giving any reason or prior notice. Such updates, suspensions, discontinuations, alterations or modifications may include, without limitation, changes to, additions of or withdrawals of information, data, instructions, functionalities, features, services, products or other content. HKRITA shall not be liable if any such updates, suspensions, discontinuations, alterations or modifications prevent or disrupt Visitors from accessing this Website or associated information, data, instructions, functionalities, features, services, products or other content. For the avoidance of doubt, these Terms of Use remain applicable to any and all updates, modifications and/or additions to this Website and any and all new versions of this Website.
3. HKRITA reserves the right (but shall not be obliged) to:
  1. monitor, screen or otherwise control any activity, content or material on or accessible through this Website, or investigate any violation of these Terms of Use and take any action HKRITA deems appropriate;
  2. prevent, suspend or restrict any Visitor’s access to any particular service, functionality or feature provided in or through this Website; and/or
  3. report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities.
4. Notwithstanding anything in these Terms of Use, HKRITA does not undertake to keep this Website updated.
No endorsement of third parties
1. This Website may contain links to websites owned and/or operated by third parties (each, a “Third Party Website”). Those links are provided for convenience only and may not remain current or be updated.
2. Without prejudice to Clause 7, HKRITA does not endorse or approve or make any representation or warranty whatsoever (whether express, implied or statutory), and shall not be responsible or liable under any circumstances whatsoever, in respect of:-
  1. any Third Party Websites, or any information, data, instructions, functionalities, features, services, products or other content offered or provided in or through such Third Party Websites; or
  2. any Third Party Content and any other information, data, instructions, functionalities, features, services, products or other content that may be offered or provided by third parties in or through this Website.
3. HKRITA has no control over, nor any rights in, items referred to in Clause 6(b). Visitors’ access and/or use thereof and/or reliance thereon is solely at such Visitors’ own risk. Visitors are advised not to act and/or rely thereon without first independently verifying the same.
4. Visitors’ rights and remedies in respect of any items set forth in Clause 6(b) may be subject to any terms and conditions applicable thereto, for which HKRITA is not responsible.
Exclusion of representations and warranties
1. This Website and the Overall Content are made available "as is" and "as available", without any representation or warranty of any kind, whether express, implied or statutory, given by HKRITA. Without limiting the generality of the foregoing:
  1. any description or reference to a product or service in this Website (including any description or reference via hyperlink) does not imply endorsement or approval by HKRITA of that product or service;
  2. HKRITA does not represent nor warrant that this Website and/or any of the Overall Content will be provided uninterrupted, secure or free from errors, omissions, computer viruses or other malicious, destructive or corrupting code, agent, program or macros, or that any identified defect will be corrected;
  3. HKRITA does not make any representation or warranty of the security of any Overall Content transmitted by or to Visitors through this Website;
  4. all representations and/or warranties, to the extent permitted by applicable law, are hereby expressly excluded by HKRITA and its representatives, agents, directors, officers and employees.
2. Without prejudice to the generality of the foregoing, HKRITA and its representatives, agents, directors, officers and employees make no representations or warranties as to (and Visitors assume the entire risk as to):-
  1. anything contained in, the performance of, or the results that may be obtained by using, this Website or any of the Overall Content;
  2. the consequences in connection with the downloading, installing or using of any of the Overall Content transmitted through this Website;
  3. the quality, accuracy, reliability or suitability for any purpose whatsoever of this Website or any of the Overall Content; and
  4. the standing, credit or otherwise of any person or entity mentioned in this Website or in any of the Overall Content.
Limitation of liability
1. In no event nor for any reason whatsoever shall HKRITA and representatives, agents, directors, officers or employees be liable for any loss, damages or expenses (including direct, indirect, special, incidental, secondary, consequential, punitive or exemplary damage, or economic or financial loss, or any claims for loss of profits, loss of data, loss of business information, loss of use, loss of anticipated revenue, profits or benefits or business interruption or delay), whatsoever or howsoever caused (whether based upon contract, tort (including negligence), statute or otherwise), arising directly or indirectly from or in connection with:-
  1. any access, use, misuse or inability to access or use, or any information, data, instructions, functionalities, features, services, products or other content obtained or downloaded from or through, this Website, any Third Party Website or any other party referred to by this Website, or reliance on any of the Overall Content;
  2. any consequences or damages arising in connection with the downloading, installing or using, or the inability to download, install or use, of any Overall Content transmitted through this Website by Visitors or other third parties;
  3. any failure, delay, disruption or interruption in, of or to this Website or the use, availability transmission or reception of any Overall Content through this Website;
  4. any defect, deficiency, breakdown or failure of any software or any equipment or system (whether or not maintained or operated by HKRITA or any other person), or any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent, program or macros;
  5. any loss, corruption, deletion or damage of or to any Overall Content which is transmitted to or stored in any system or equipment, whether maintained or operated by HKRITA or any other third parties;
  6. any error, interruption, breach or failure or delay in performance of its obligations under these Terms of Use or in this Website’s operation, or for any inaccuracy, unreliability or unsuitability of this Website or any of the Overall Content, which is due, in whole or in part, directly or indirectly to a Force Majeure Event. “Force Majeure Event” means an event or a failure which is beyond HKRITA's reasonable control, including but not limited to acts of God, fire, vandalism, power surge or outage, cable cut, disruptions or failures in Internet access or connectivity, telecommunication systems or equipment or electrical power or supply, server crashes, back-up failures, epidemics or quarantine or travel restrictions, national emergencies, riots, civil commotion, war or warlike operations; acts of terrorism, strikes or lockouts; and
  7. any defects, deficiencies, errors, omissions or inaccuracies in this Website, any of the Overall Content or any Third Party Websites, third party information, data, instructions, functionalities, features, services, products or other content (whether provided or offered in or through such Third Party Websites or in or through this Website),
  in each case, whether any such loss, damages or expenses were reasonably foreseeable or actually foreseen or if HKRITA has been advised that such damages might occur.
2. Notwithstanding any other provision of these Terms of Use, the maximum cumulative liability of all of HKRITA and its representatives, agents, directors, officers or employees in respect of all Liabilities under, arising out of or in connection with these Terms of Use and the provision of this Website and the Overall Content, shall in no event exceed in the aggregate the sum of one United States Dollar (US$1.00) only.
Infringement of rights and/or violation of laws or regulations
Each Visitor agrees and undertakes that he shall not use this Website or any of the Overall Content in any manner that infringes or violates, or might potentially infringe or violate, any rights and interests (including without limitation Intellectual Property Rights) of any person or entity, or any applicable law or regulation.
Indemnity
Each Visitor shall indemnify the HKRITA Indemnitees against any Liabilities that may be suffered, sustained or incurred, directly or indirectly, by the HKRITA Indemnitees as a result of, or arising from or in connection with:-
1. any breach of these Terms of Use on the part of such visitor and the enforcement of the HKRITA Indemnitees’ rights under these Terms of Use against such Visitor; or
2. any action taken by the HKRITA Indemnitees in reliance upon any instructions which such Visitor may give in relation to this Website or his access thereto or use thereof ; or
3. any misrepresentation, negligence, fraud and/or misconduct, and/or any breach of these Terms of Use, by or on the part of such Visitor.
Use and operation of this Website
1. Use of information relating to or collected at this Website: Visitors agree that all information and/or particulars sent or submitted by such Visitors in relation to any access and/or use of the Website or which have been collected from such Visitors’ access and/or use of this Website are non-confidential and non-proprietary unless otherwise expressly agreed by HKRITA in writing. Any such information and/or particulars may be used by HKRITA in accordance with this Website’s Privacy Policy (as may be amended from time to time).
2. Contents of transmissions or communications: With respect to all contents of transmissions or communications Visitors make or submit through this Website, HKRITA shall be free to reproduce, use, disclose, host, publish, transmit and distribute all such contents of transmissions or communications or any part thereof to others without limitations, and Visitors hereby grant to HKRITA a non-exclusive, world-wide, royalty-free, irrevocable licence and right to do the same.
3. Restricted use: Visitors agree and undertake not to:
  1. use any software or material that contains a virus or damaging component which may corrupt this Website’s data or detrimentally interfere with this Website or the operation of this Website;
  2. transmit any materials or information through this Website which are or may be objectionable, offensive, indecent, defamatory, libellous, slanderous, false, obscene, pornographic or which may not be lawfully disseminated under applicable laws or which such Visitors know or have reason to suspect contains any viruses or damaging components which may corrupt this Website’s data, detrimentally interfere with this Website or the operation of this Website; or
  3. use this Website other than in conformance with the acceptable use policies of any connected computer networks and any applicable Internet standards.
4. Access to this Website: Visitors shall be responsible for obtaining and using the necessary software and/or device, telecommunications services, hardware and/or equipment necessary to obtain access to this Website at their own risk and expense.
5. Binding and conclusive: Each Visitor agrees and acknowledges that any records maintained by HKRITA relating to or in connection with this Website shall be binding and conclusive on such Visitor for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between HKRITA and such Visitor. Each Visitor hereby agrees that all such records are admissible in evidence and that he shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and he hereby waives any of his rights, if any, to so object.
Termination of access
1. Visitors agree that HKRITA may, at its sole discretion, deny or suspend such Visitors’ access to any of the services, features or functionalities provided in or through this Website for any reason.
2. Without limiting the generality of Clause 12(a), the Visitors acknowledge that HKRITA shall be entitled (but not obliged) to deny or suspend any Visitor’s access to the Website or any part thereof, if HKRITA believes that such Visitor has violated or acted inconsistently with any terms or conditions set out herein, or if in HKRITA’s opinion, it is not suitable to continue providing such areas, services, features or functionalities to such Visitor.
Delegation
HKRITA may delegate or outsource the performance of any of its functions in connection with this Website and reserve the right to use any agents, delegates or contractors on such terms as it deems appropriate.
Waivers
Failure or delay of HKRITA to insist upon strict compliance with any provision in these Terms of Use or to exercise any right or remedy contained in these Terms of Use or to seek remedy of any breach shall not constitute or be construed as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude the further exercise of the same.
Severance
If any provision of these Terms of Use shall in whole or in part be held to be illegal, invalid or unenforceable ("Affected Provision") under any enactment or rule of law, such Affected Provision shall to that extent be deemed to be severed from these Terms of Use without modifying the remaining provisions of these Terms of Use. The illegality, invalidity or unenforceability of, or the modification, replacement or severance of, the Affected Provision shall not in any way affect or impair the legality, validity or enforceability of the other provisions of these Terms of Use, which shall remain in full force and effect.
Amendment
HKRITA reserves the right to amend, modify or supplement these Terms of Use at any time without prior notice by posting the amendments, modifications or supplements (as applicable) to this Website. A Visitor’s continued access to and/or use of this Website will constitute his acceptance of the prevailing Terms of Use then in force.
Rights of third parties
Nothing in these Terms of Use, whether expressed or implied, is intended to, or will, confer on any person any benefit or any right to enforce any term which such person would not have but for the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the laws of Hong Kong).
Governing Law & Jurisdiction
These Terms of Use shall be construed in accordance with and governed by the laws of Hong Kong. Each Visitor agrees to submit to the non-exclusive jurisdiction of the courts of Hong Kong.
Language
If there is any inconsistency between the English and Chinese versions of this Privacy Policy, the English version shall prevail.