Terms and Conditions Of Use Of eBRAM
LawTech Services (“T&C”)
Please read the following terms and conditions carefully as they apply to your use of our LawTech Services
pertaining
to the Artificial Intelligence Machine Translation Service, the Video Conferencing System, and the e-Signature
Service (as further defined below). If you do not accept these T&C, please do not use our Services. By clicking
the
“AGREE” button when you select to use any of our LawTech Services, such action constitutes your confirmation and
agreement with these T&C. If you are accessing and using our Services in your personal capacity, these T&C are
binding on you personally.
- Introduction And Acceptance
-
1.1
eBRAM International Online Dispute Resolution Centre Limited (“eBRAM”, “we” or
“us”) operates, manages, and
administers the websites, online platforms, and any other digital, online, or mobile interfaces
(whether now
existing or invented or implemented in the future) for the legal and dispute resolution sectors
(the “LawTech
Services”). Our LawTech Services include Artificial Intelligence Machine Translation,
Video Conferencing,
e-Signature, and any new service offerings in the future (the “LawTech Services” or
“Services”), in accordance with
the then effective version of the applicable Personal Data Collection Statement for LawTech
Services (“eBRAM PICS
for LawTech Services”).
-
1.2
The terms "you", “your” and "User" in these T&C refer to the users of the
LawTech Services on the eBRAM platforms.
-
1.3
1.3 eBRAM may from time to time update these T&C and will notify Users by posting the revised
version on the
relevant websites of the LawTech Services. Users are responsible for reviewing these T&C
regularly, and your
continued access and use of our LawTech Services after any such posting shall constitute your
agreement and
acceptance of such revised T&C. If any such revision is unacceptable to you, you should stop
accessing and using
the LawTech Services.
-
1.4
1.4 Our LawTech Services may be subject to additional terms and conditions governing their
provision (including
but not limited to eBRAM PICS for LawTech Services), which additional terms will be made known
to you upon you
expressing your intent to use those services. Those additional terms and conditions are hereby
incorporated by
this reference to also form as a part of the agreement between eBRAM and Users for or in
relation to eBRAM’s
provision of the LawTech Services.
-
1.5
1.5 The Artificial Intelligence (AI) Machine Translation Service uses AI Machine Learning
assisted translations
to translate into and from 5 language pairs including English, Chinese in Traditional and
Simplified forms,
Spanish, Arabic, and Russian.
-
1.6
1.6 The Video Conferencing (VC) System offers a secure and private place for dispute resolution
hearings and
business meetings. The VC System is equipped with real-time e-transcription, document sharing,
and breakout room
capabilities.
-
1.7
1.7 The e-Signature Service facilitates document signing online anywhere, anytime, and with any
device. It is
highly secured with the use of two-factor authentication and e-KYC identity verification
technologies. The
signed documents and data online are tracked and protected by blockchain technology.
-
1.8
1.8 If you have any questions about these T&C, or about accessing and using the LawTech
Services, please contact
us at info@ebram.org.
- LawTech Services
-
2.1
The LawTech Services together with any and all Content (as further defined below) created for,
contained in
and/or otherwise provided or made available as part of our Services including but not limited to
all versions,
medium, forms and formats thereof, and all improvements, modifications, amendments, adaptations,
new and/or
derivative works created therefrom and thereto) is our property owned by us, or is licensed by
us from our
relevant licensors. All the aforesaid works are owned by us and/or our licensors (as the case
may be) and are
protected by intellectual property rights (including but not limited to copyright, trade mark,
patent, design,
rights in computer software and databases) and/or any other intellectual property rights,
proprietary rights,
and equivalent or similar rights anywhere in the world.
-
2.2
For the purpose of these T&C, “Content” means any and all information, data, text,
software, computer
programs (including source codes, object codes and HTML codes), music, sound, photographs,
graphics, still
pictures, trade marks, service marks, trade dress, get-up, marks, signs, logos, icons, button
icons, clips,
database, tables and data compilations, templates, forms, directories, links, video,
audio-visual contents,
moving pictures (whether animated or not), animations, graphical user interface, merchandise,
business
materials, advertisements, messages and/or any other materials (or any compilations or
combinations of them)
that may be developed for, or incorporated or contained in the LawTech Services by eBRAM (and/or
its licensors)
or that may otherwise be created, published, displayed on or made available by eBRAM to Users on
or through the
LawTech Services and/or our provision of the Services.
-
2.3
Subject to the provisions of these T&C, eBRAM grants Users with a limited, non-exclusive, and
revocable
license to access and use the LawTech Services only for the purpose of browsing the relevant
sites of the
LawTech Services and/or for using the LawTech Services for intended purposes.
-
2.4
Unless you have obtained our prior expressed written permission, you must not copy, reproduce,
issue or make
available copies, alter, adopt, extract, mirror, reverse engineer, decompile, disassemble,
modify, publish,
transmit, distribute, redistribute, exchange, transfer, translate, participate in the transfer
or sale of,
create any new or derivative works of, or in any other way whatsoever exploit or otherwise deal
in or with, the
LawTech Services and/or any of the Content (whether in whole or in part), or attempt to do any
of the foregoing
prohibited acts.
-
2.5
For any materials or documents downloaded on or through the LawTech Services and/or obtained
during our
provision of the Services to you (“Downloaded Materials”), if any, you hereby agree and
undertake that you will
only use those Downloaded Materials for the permitted licensed purposes set out in Clause 2.3
above, or
otherwise for the purposes of facilitating your rights protection and/or enforcement in relation
to your
disputes with the usage of the LawTech Services.
-
2.6
Your mobile network operator may charge you the relevant local, international, and/or data
roaming fees,
costs, and charges (as applicable) for accessing and/or using the LawTech Services (whether
within or outside of
Hong Kong), and these charges may vary. You are solely responsible for arranging the relevant
data plan for your
device and for all of these data fees, costs, and charges with your mobile network operator.
-
2.7
Certain components of the eBRAM Video Conferencing Platform are licensed under the GNU Lesser
General Public License
Version 3.0 (LGPL) which is supplemental to the General Public License Version 3.0 (GPL). For a
full text of the
licenses, please refer to the GNU GPL V3.0 (www.gnu.org/licenses/gpl-3.0.html) and the LGPL V3.0
(www.gnu.org/licenses/lgpl-3.0.html). The LGPL-covered component
of the source code of the eBRAM Video
Conferencing Platform is available at https://github.com/bigbluebutton/bigbluebutton.
-
2.8
We recognize and understand that Users are concerned about their privacy and how their personal
data are being
handled and processed. We pledge to comply with the applicable requirements of the Personal Data
(Privacy) Ordinance
(Cap. 486 of the Laws of Hong Kong) and other applicable data protection laws. Before providing
your personal data
to us (whether on or through the LawTech Services or otherwise), please refer to eBRAM PICS for
LawTech Services for
further details about our personal data privacy policy and practices in relation to the
collection, use, transfer,
processing, and handling of personal data on or through the LawTech Services.
- User Covenants
-
3.1
You are fully responsible for your access and use of the LawTech Services, your conduct, and
activities on the
LawTech Services, and all your User-Generated Contents (as further defined below) whether
publicly posted or
privately transmitted by you (or on your behalf) on or through the LawTech Services.
-
3.2
As a condition of your access and use of the LawTech Services, you agree that you will
not access and use
the LawTech Services for any purpose which is unlawful or prohibited under any applicable laws
or these T&C.
Without limiting the generality of the foregoing, you agree not to:
-
a.
access or use the LawTech Services (or any parts thereof) for any unauthorized
purposes; or trespass, hack,
break into, access, use, or attempt to trespass, hack, break into, access or use any
restricted parts of the
LawTech Services, and/or the computer systems, servers, networks and/or any data
areas hosting or operating the
LawTech Services for which you have not been authorized by us;
-
b.
upload, submit, post, disseminate, reproduce, share, transfer, publish, distribute
or otherwise transmit in
any way, medium, form or manner whatsoever, any unlawful, fraudulent, misleading,
libellous, defamatory,
indecent, obscene, pornographic, profane, threatening, abusive, hateful,
discriminatory, offensive, infringing
or otherwise objectionable or unreasonable User-Generated Contents of any kind,
character or nature, including
without limitation any transmissions constituting, or encouraging conduct that may
constitute or give rise to,
any criminal and/or civil liability, or otherwise violate any applicable laws, or
infringe our rights and/or any
rights of our licensors and/or any other third parties (including but not limited to
any intellectual property
rights, proprietary rights, or confidentiality obligations);
-
c.
post, disseminate, publish, distribute or transmit any information or contents that
may relate to or
otherwise contain any advertisement, solicitation, chain letter, pyramid scheme,
investment scheme or
opportunity, or other unsolicited electronic commercial communications, or otherwise
engage in spamming or
flooding;
-
d.
post, publish, transmit, reproduce, copy, extract, use, distribute, exploit,
translate, or otherwise deal in
or with any Content (or any parts thereof) obtained through the LawTech Services in
any way for any unauthorized
purposes;
-
e.
upload, download, post, publish, transmit, reproduce, copy, extract, adapt, modify,
exploit, translate,
distribute or otherwise deal in or with in any way, any works or component of the
LawTech Services itself or any
Content (or any parts thereof) obtained or otherwise available through the LawTech
Services which is protected
by any intellectual property rights or any other proprietary right, or create new or
derivative works thereto or
therefrom, without the prior written permission from us and/or the relevant third
party rights owners of those
works;
-
f.
transmit, post, disseminate or upload any User-Generated Contents to the LawTech
Services that contain
viruses, Trojan horses, worms, time bombs, cancel bots, malware, spyware, or any
other malicious, harmful or
deleterious elements or programs designed or worked to interrupt, disrupt, destroy
or limit the operation and/or
functionality of the LawTech Services (or any parts thereof), or any computer
programs, applications, software,
hardware, telecommunication equipment and/or any computing devices, systems,
networks, servers or infrastructure
through the LawTech Services;
-
g.
post, publish, transmit, distribute, post or upload to the LawTech Services any
documents, materials or works
in any of your User-Generated Contents that may be protected by intellectual
property laws, rights of privacy,
rights of publicity, other proprietary rights and/or any other rights protected
under any applicable laws,
unless you are the owner or have control of the rights thereto, or have otherwise
received all relevant consent,
permission, approval or license for your dealings with those documents, materials or
works;
-
h.
interfere with or disrupt networks connected to the LawTech Services or violate the
regulations, policies or
procedures of such networks;
-
i.
attempt to gain unauthorized access to the LawTech Services, computer systems or
networks connected to the
LawTech Services, through password mining or any other means;
-
j.
disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other
Users of the LawTech
Services are able to type or interact, or otherwise act in a manner that negatively
affects other Users’ ability
to access and/or use the LawTech Services or the normal operation of the LawTech
Services;
-
k.
“stalk” or otherwise harass any other person (including but not limited to any other
Users), whether online
or offline; or
-
l.
collect, provide, use, upload, transmit or store on the LawTech Services any
personal data of any other
person (including but not limited to any other Users) without obtaining their prior
authorization or consent,
unless your dealings of such data are exempted under any applicable laws (if any).
-
3.3
We reserve the rights from time to time, without notice, to monitor, observe and record your
access to and
use of the LawTech Services to investigate and determine if you are complying with these T&C
and/or for the
purposes of the protection and/or enforcement of our relevant rights and interests in the event
of any
contravention by any Users of these T&C and/or any application laws, as the case may be.
- User Covenants
-
4.1
For the purpose of these T&C, “User-Generated Contents” means any and all information,
documents,
data, files, messages, posts, texts, photographs, videos and/or any other works or materials (in
any format,
form, media or medium) that Users may provide, make available, upload, transmit, send, post,
publish,
disseminate, submit to, or share with eBRAM on or through the LawTech Services or otherwise in
relation to
eBRAM’s provision of the Services.
-
4.2
We do not monitor, preview, edit, screen or vet any User-Generated Contents that may be
submitted,
provided, posted, published, disseminated, uploaded, shared, transmitted, or otherwise sent by
(or on behalf
of) any Users to, on or through the LawTech Services. Users shall remain fully liable and
responsible for
their acts, omissions, conduct, interactions, activities, access, and use of the LawTech
Services, including
but not limited to any and all of their User-Generated Contents and the accuracy, legality,
integrity and/or
quality of such contents. We are not responsible for, and do not endorse, warrant, or otherwise
guarantee
any information contained in any such User-Generated Contents and/or the accuracy, legality,
integrity
and/or quality of any such User-Generated Contents.
-
4.3
Should any rights owners intend to file any complaints concerning any illegal, infringing or
inappropriate User-Generated Contents displayed on the LawTech Services, please contact us by
post (marked
“Attention: eBRAM LawTech Services – Complaint on User-Generated Contents”), with the relevant
documentations for rights assertion and particulars of the complaint by email to info@ebram.org.
-
4.4
We reserve the right to remove, without warning or prior notice, any User-Generated Contents
from the
LawTech Services in our sole and absolute discretion.
-
4.5
Under no circumstances will we be liable or responsible in any way whatsoever for any
User-Generated
Contents, including but not limited to any errors or omissions in any User-Generated Contents,
or for any
loss, damage, cost and/or expense of any kind that may be suffered or incurred by any Users as a
result of
their interactions with, reliance and/or use of any User-Generated Contents on, through or from
the LawTech
Services.
- Disclaimer
-
5.1
All the LawTech Services, together with any new functions or features that augment or enhance
the LawTech
Services currently offered (such as machine and human translation services), shall, unless
explicitly stated
otherwise, be subject to these T&C and the other related policies and documents forming part of
the agreement
between eBRAM and Users as stated above. You understand and agree that the LawTech Services are
provided on an
"AS-IS" and “AS AVAILABLE” basis. To the fullest extent permissible under applicable laws, we
disclaim and make no
representations, guarantees or warranties of any kind (whether express, implied, statutory or
otherwise) for or in
relation to the operation, functionalities, features, access or use of the LawTech Services, any
information,
Contents and/or Services provided on the LawTech Services, and/or the accuracy, adequacy,
timeliness, availability,
usefulness and/or completeness of the LawTech Services, Contents and/or Services provided on or
through the LawTech
Services (of any components or parts thereof). Any information provided on the LawTech Services
is for reference
only. Without prejudice to the generality of the foregoing, to the fullest extent permissible
under applicable laws,
we disclaim any and all guarantees, representations or warranties (whether express, implied,
statutory or otherwise)
of any kind, nature or character, including but not limited to any representations, guarantees
or warranties as to:
-
a.
the availability and compatibility of the LawTech Services with the device and
equipment (hardware or
software) that you may use to access or use the LawTech Services, or that access
and/or use of it will be
uninterrupted or secure, or defect/error-free, or that defects and/or faults will be
corrected;
-
b.
the accuracy, adequacy or completeness of any information or Content the LawTech
Services;
-
c.
the merchantability, standard of quality or fitness for any particular purpose of
any Contents and/or Services
available or provided on or through the LawTech Services;
-
d.
non-infringement of any third-party rights (including but not limited to
intellectual property rights) by the
LawTech Services and/or our Services; or
-
e.
The LawTech Services, and/or the relevant systems, networks and servers that host
and make the LawTech
Services available, are free of viruses, malware and/or any other harmful,
malicious, contaminating, unsecure or
destructive properties, or that no loss or damage (including but not limited to any
data loss or data
corruption) will occur to your computer or mobile device (including but not limited
to electronic devices,
mobile phones, smartphones, tablet computers, laptops and computers).
-
5.2
To the fullest extent permissible under applicable laws, no warranty, guarantee and/or
representation (whether
expressed, implied or otherwise) is provided as to the availability, the service levels or
up-time of the
LawTech Services, and that eBRAM assumes no responsibility for the timeliness, deletion,
mis-delivery or failure
of the provision of any functions of the LawTech Services and/or the delivery of the Services.
You understand
that the technical processing and transmission of the Services may involve (a) transmissions
over various
networks; and (b) changes to conform and adapt to technical requirements of connecting systems,
networks, or
devices. eBRAM shall, accordingly, in no circumstances, be liable for any failure of any
functions of the
LawTech Services or the delivery of the Services (whether in whole or in part) or for your
inability to gain
access (whether in whole or in part) to any or all such functions or Services due to the delay
or failure of any
communication networks or any party providing such access.
-
5.3
You further acknowledge and agree that, given the nature of the Internet, we cannot guarantee
that any
transmission of personal data or other identifiable information, other information, documents,
or other
communications on or through the LawTech Services and/or otherwise under, relating to, or in
connection with the
Services is completely secure.
- Password and Account Security
-
6.1
eBRAM may issue a password to you for your user account (respectively, “Account” and
“Password”). You are
responsible for maintaining the security and confidentiality of your Account and Password and
shall be fully
responsible for all activities that occur in your Account or otherwise from your access and use
of the LawTech
Services. You shall (a) immediately notify eBRAM of any unauthorized use of your Password or any
other breach of
security to your Account and (b) ensure that you log-off from your Account at the end of each
visit to the
LawTech Services. eBRAM shall not be liable for any loss, damage, costs and/or expenses of any
kind, nature or
character arising from your failure to comply with this Section 6.
-
6.2
You acknowledge that the Account and Passwords issued to you by eBRAM are confidential and you
shall take all
necessary actions, precautions, and safeguards to maintain the security and confidentiality of
your Account and
Passwords. You agree that under no circumstances will you disclose your Account information and
Password to any
other person(s), other than eBRAM in the case of requiring assistance with your Account and/or
Password
(including but not limited to any Password reset), without the prior written consent of eBRAM.
Any words, action
or conduct whether intentional or unintentional, by you in breach of any obligations or
requirements in this
Section 6 shall render you fully liable to compensate and indemnify eBRAM for all losses,
damages, costs and/or
expenses thereby caused, incurred, or suffered by eBRAM (and/or any of the relevant eBRAM
Indemnified Parties as
further defined below). You hereby agree and acknowledge that the use of the LawTech Services
and/or Services by
any person whatsoever (whether authorized by you or not) with the Account and Password issued to
you by eBRAM
shall constitute and be deemed as use of the LawTech Services and/or Services by you. You shall
notify eBRAM
immediately of any actual or suspected unauthorized use of your Account and Password and shall
confirm the same
in writing without delay to eBRAM. You shall be fully liable to compensate and indemnify eBRAM
(and/or any of
the relevant eBRAM Indemnified Parties) for all losses, damages, costs and/or expenses that may
be incurred or
suffered by eBRAM in respect of any access and/or use of your Account and Password (whether
authorized by you or
not).
-
6.3
You acknowledge and agree that eBRAM is only responsible for verifying any Passwords issued to
you, and that
eBRAM shall not be liable in respect of:
-
a.
any loss, damage, costs and/or expenses incurred or suffered by you or any other
person from or as
a result of any failure to effect or execute instructions relating to your Account
and/or Password
through various electronic delivery channels or perform any requests or obligation
relating to your
Account and/or Password, where such failure is attributable (whether directly or
indirectly) to any
circumstances or events outside of eBRAM’s control; or
-
b.
any other loss, damage, costs and/or expenses whatsoever incurred or suffered by
you or by any
other person as a result of any instructions placed through various electronic
delivery channels
with the correct log-in of your Account and/or Password.
- Indentity
-
7.1
You agree to indemnify in full and on demand, defend and hold harmless eBRAM, its directors,
officers,
affiliates, associated or related entities, agents, representatives, partners, staff and
employees
(collectively,
“eBRAM Indemnified Parties”) from and against any and all claims, proceedings, damages,
losses, injuries,
liabilities, demands, actions, costs and/or expenses (including legal fees) arising from, or
that may be
incurred or
suffered (whether directly or indirectly) by us and/or any of the relevant eBRAM Indemnified
Parties, from or in
connection with (i) your acts or inaction in breach of these T&C, and/or (ii) your access and/or
use of the
Services
and/or the LawTech Services. We may, if necessary, take conduct of and participate in the
defence of any claims,
disputes, proceedings, or actions against us or any of the relevant eBRAM Indemnified Parties
and/or any
negotiations for settlement. No settlement that in our opinion may adversely affect the rights
or obligations of
any
or all of the eBRAM Indemnified Parties shall be made without eBRAM’s prior written approval. We
reserve the
right
to assume exclusive defence and control of any such claims, disputes, proceedings, or actions.
For the avoidance
of
doubt, this clause is for the benefit of the eBRAM Indemnified Parties, each of which relies on
the benefit and
protection conferred, and we hereby accept such benefits on behalf of each and all of the eBRAM
Indemnified
Parties.
- Limitation of Liability
-
8.1
To the fullest extent as permitted under applicable laws, eBRAM shall not be liable or
responsible in any way
(whether under contract, tort or otherwise) for any indirect losses, damages, costs and/or
expenses (including
but not limited to legal fees and expenses) of any character, nature or kind that may be
incurred or suffered by
you arising from or in connection with your access and/or use of the Services and/or the LawTech
Services.
-
8.2
eBRAM is not responsible or liable for any and all infringing, threatening, defamatory,
obscene, indecent,
offensive or illegal content or conduct of any other parties (including any other Users of the
LawTech Services)
or any infringement of any other parties’ rights (including intellectual property rights) by any
other party
(including any other Users of the LawTech Services). We are not liable or responsible for any
User-Generated
Contents and/or any Linked Sites that may be made available in the LawTech Services.
-
8.3
Without prejudice to the generality of the provisions under the sections on “Disclaimer” and
“Limitation of
Liability” under these T&C, we are not responsible or liable for any disruption or
non-availability of the
LawTech Services and/or Services (and/or any third party tools and technologies, if any, that
may be used or
implemented for the operation of the LawTech Services) and/or our Services resulting from any
causes beyond our
control, including but not limited to any Internet service provider/ISP equipment failure, push
server failure,
push service delays, data transmission failure, data reception failure, host equipment failure,
communications
network failure, power failure, natural events, acts of war or legal restrictions and
censorship, acts of God,
pandemic, epidemic or public health emergencies, and/or any act of government or regulatory
bodies in relation
to the provision of the LawTech Services.
-
8.4
All Content, Services, and any other materials and information provided in the LawTech
Services are intended
for Users’ general information only. No part of the LawTech Services is intended to constitute
any advice,
recommendations, endorsement, approval, or suggestion from eBRAM, and should not be relied upon
when making any
decisions or taking any actions of any kind. You shall carry out independent checks and
judgments when using the
LawTech Services and/or Services and other materials and information included or provided
therein.
-
8.5
Each and all of the disclaimers and limitations of liability contained in these T&C shall
apply to the fullest
extent as permitted under applicable laws. For the avoidance of doubt, nothing in these T&C
shall exclude
eBRAM’s liability for death or personal injuries caused by our own negligence, or any other
liability (e.g.,
your statutory consumer rights) which we cannot lawfully restrict, exclude, or limit under
applicable
laws.
- Modifications to LawTech Services
-
9.1
eBRAM reserves the right at any time and from time to time, for any reason in our sole and
absolute
discretion, to update, improve, modify, suspend, or discontinue, whether temporarily or
permanently, the LawTech
Services (or any part thereof) with or without notice. For the avoidance of doubt, to the
fullest extent
permissible under applicable laws, no warranty, guarantee or representation (whether expressed,
implied or
otherwise) is provided as to the availability, service levels or up-time of the LawTech
Services, You agree that
eBRAM shall not be liable to you or to any third party for any such modification,
unavailability, downtime,
suspension, or discontinuance of the LawTech Services (or any parts thereof).
-
9.2
We may, in our sole and absolute discretion, from time to time update any Contents (including
but not limited
to any information on the Services and/or any links to any Linked Sites, as further defined
below) that we may
make available on the LawTech Services for your general information and reference. We may, in
our sole and
absolute discretion, provide Services to the Users through the LawTech Services or any other
means/channels as
we may consider appropriate. We are under no obligation to provide or arrange for any of the
Services requested
or applied by you through the LawTech Services, and we may revise, suspend, terminate, extend,
or reduce the
availability, types, or scope of the Services and/or the relevant features or functions of the
LawTech Services
as we consider appropriate from time to time. To the fullest extent as permitted under
applicable laws, we are
not liable for any delay or failure in providing or arranging for the Services and/or the
LawTech
Services.
- Third Party's Linked Sites
-
10.1
The LawTech Services contain links to other sites or pages or contents from other third
parties on the Internet
(“Linked Sites”), which are provided, operated, and managed by their respective
third-party service
operators/providers, and which are not maintained or controlled by eBRAM. eBRAM is not
responsible or liable for the
information, links and contents of any Linked Site, or any information, products, or services
that those third-party
service operators/providers may offer on or through any Linked Sites. We provide the Linked
Sites to Users for their
general information, reference, and sake of convenience only. The provision of any information
and/or listing of
Linked Sites on the LawTech Services do not in any way constitute our association,
affiliation, advice,
recommendation, suggestion, and/or approval of any Linked Sites and/or their operators/service
providers, and we do
not endorse any Linked Sites or its/their information, contents or any products or services
offered on or through
any Linked Sites.
-
10.2
When you activate any such links to the Linked Sites, you leave the LawTech Services and
access any such Linked
Sites at your own risk. You are solely responsible for your activities on any Linked Sites,
and/or for relying or
using information provided on any Linked Sites, and/or for using or purchasing any contents,
products or services
that may be offered on or via any Linked Sites. Any transactions and/or disputes in relation to
any Linked Sites
shall be dealt with between you and the relevant third-party service operators/providers of
those Linked Sites and
shall be entirely at your own risks and decision.
-
10.3
You further acknowledge and agree that eBRAM shall not be responsible or liable, whether
directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with the access and/or
use of any Linked
Sites, the use of or reliance on any such content, information, materials, goods or services
available on or through
any Linked Sites, and/or any transactions and/or disputes with those third party service
operators/providers in
relation to any Linked Sites.
- Termination
-
11.1
Without prejudice to any other rights and/or remedies that we may have under these T&C and/or
under any applicable
laws, we may terminate your access to and use of the LawTech Services (whether in whole or in
part) at any time with
immediate effect and in our sole and absolute discretion for any reason, with or without notice,
including under the
following circumstances:
-
a.
if you breach these T&C, or violate our rights and/or the rights of any other
third parties (including
intellectual property rights, privacy rights, image/personality rights, or any other
proprietary rights), or
contravene any applicable laws;
-
b.
if we are unable to verify any information (including but not limited to any
personal data) that you provide
to us on the LawTech Services and/or in the course of our provision of the Services;
and/or
-
c.
if we consider your action may adversely affect the operation of the LawTech
Services or other Users of the
LawTech Services or is unsuitable or inappropriate for any other reason.
-
11.2
You may, by giving 5 working days’ prior written notice to us, terminate your access and use
of the LawTech Services and/or our Services at any time. Upon termination, you should cease
accessing or using the LawTech Services and/or our Services. eBRAM’s fees (including online
registration fees) charged in relation to the LawTech Services are non-refundable.
- Governing Law and Dispute Resolution
-
12.1
These T&C shall be construed in accordance with, and governed by, the laws of the Hong Kong
Special Administrative
Region of the Peoples' Republic of China ("Hong Kong"), without regard to or giving
effect to any principles of
conflict of laws.
-
12.2
For any disputes, differences, actions, claims, or demands arising therefrom or otherwise
relating to these
T&C (whether contractual or non-contractual), eBRAM and Users shall irrevocably submit to the
exclusive
jurisdiction of the Hong Kong courts.
- General and Miscellaneous
-
13.1
ENTIRE AGREEMENT - These T&C of (together with the Personal Information Collection Statement
for LawTech
Services) and any revised version thereof, constitutes the entire agreement between eBRAM and
Users in relation
to the access and/or use of eBRAM’s LawTech Services.
-
13.2
SEVERABILITY - If any one or more of the provisions (or any parts thereof) of these T&C, or
their application
in any circumstance, is held to be invalid, illegal or unenforceable in any respect under any
applicable laws or
for any other reason by any court of competent jurisdiction, then such provisions (or the
relevant parts
thereof) shall be deemed severed from these T&C without affecting the validity, legality and
enforceability of
any remaining provisions of these T&C.
-
13.3
THIRD PARTY RIGHTS - Except for the relevant eBRAM Indemnified Parties or otherwise as stated
in these T&C,
any person who is not a party to these T&C shall have no right to enforce any of the provisions
of these T&C
under the Contract (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) or
any laws
(whether statute, common law or otherwise) on the rights of third party in contracts under any
other applicable
jurisdictions. For any rights conferred on third parties by these T&C, their consent is not
required to rescind
or vary these T&C.
-
13.4
PARTIES’ RELATIONSHIP - Nothing under these T&C shall be construed or operate to create any
business
association, business affiliation, partnership, joint venture, principal-agent,
employer-employee,
trustee-fiduciary relationship or any other equivalent or similar relationships. Neither party
shall have the
right or authority or power to bind, or hold out to represent, the other party.
-
13.5
WAIVER - No waiver of any breach of these T&C will amount to a waiver of any further or other
breach. Any
waiver of any provision of these T&C would only be effective if expressed in writing and signed
by us.
-
13.6
INTERPRETATION - Unless the context otherwise requires, these T&C should be construed using
these rules of
interpretation: (1) words importing one gender include other genders; (2) words importing the
singular shall
include the plural and vice versa; (3) references to clauses are references to clauses in these
T&C; (4) any
words and expressions defined in the main body of these T&C bear the defined meaning in the
whole of these T&C;
(5) a right granted or reserved may be exercised from time to time; (6) headings and
sub-headings are for ease
of reference and shall not affect the interpretation of these T&C; (7) use of the word
“including” or “include”
means “including but not limited to”; and (8) any reference to a person shall include that
person's successors,
representatives and permitted assigns.
-
13.7
DISCLOSURE - Users are informed and hereby agree that (i) details of their subscriptions to
the LawTech
Services, including the details of the subscribers and the terms of the subscription package;
and (ii) other
pertinent information on the evaluation of the effectiveness of the LawTech Services (including
any comment,
suggestion, compliment or complaint made by the subscribers) may be passed to another disclose
by the Government
of Hong Kong on the condition that the disclosee will not further disclose such information
unless prior consent
from the Government of Hong Kong is obtained.
-
Users hereby confirm their agreement and acceptance of the above provisions and have agreed to these T&C
in
his/her own capacity.
-
The English version of these T&C shall prevail whenever there is a discrepancy or inconsistency between
the
English and the other language versions.