Terms of Use for Minisite

Terms of Use

- Effective 14 May 2013 -

By using this Minisite, you accept and agree to be bound by these Terms of Use, and their subsequent amendments, unconditionally.

1. You shall not, whether by yourself, your agent, employees or any person authorised by you, do any of the following:
a. use any data obtained from Minisite to send unsolicited commercial advertising of any sort via any medium including but not limited to, the telephone, email or fax; or
b. enable high volume, automated or electronic processes to access Minisite.; or
c. compile, repackage, disseminate, disclose to any third party or use the data obtained from Minisite for any purpose other than obtaining information provided on Minisite; or
d. use such data obtained from Minisite to derive an economic benefit for yourself or any third parties.

2. You shall treat as confidential at all times all personal data and/or confidential information obtained from Minisite and such data shall not be used in any way detrimental to Minisite domain name registrant, the administrator or HKDNR. You shall not divulge the personal data or confidential information to any person except to your own employees on a need-to-know basis. You shall prevent any unauthorised use, dissemination or publication of confidential information and you shall not do any act, or engage in any practice, that contravenes the Hong Kong Personal Data (Privacy) Ordinance (Cap.486). In the event of any unauthorised disclosure of protected personal data and/or confidential information by you, whether willfully or not, you and/or your representatives who disclose the data shall be wholly and personally liable for any losses and/or damages, whether monetary or not, which HKDNR may suffer directly and/or indirectly as a result of such unauthorised disclosure. HKDNR shall be entitled to claim for damages which include but not limited to all legal costs and expenses incurred by HKDNR in connection with the enforcement of these Terms of Use.

3. HKDNR in its sole discretion may terminate or suspend your ability to access to and/or use of Minisite at any time without prior notice including but not limited to, in the event of (i) a breach of these Terms of Use by you, (ii) non-performance of your obligations under these Terms of Use

4. The content, information, graphic(s) and picture(s) of Minisite are provided by the registrant of the domain name nowhere.hk , or the registrant’s authorised administrator.

5. Disclaimer. HKDNR accepts no liability and will not be liable for any loss or damage arising directly or indirectly (including special, incidental or consequential loss or damage) from your access to Minisite or use of Minisite, not limited to but including any loss, damage or expense arising from any defect, error, imperfection or inaccuracy with the HKDNR’s website, its contents or associated services, or due to any unavailability of any part of Minisite or associated services or to any delay in operation or transmission, computer virus, Trojan horse, worm, software bomb, communication line failure, software or hardware data (including but not limited to), or interception of on-line communication.

HKDNR makes no representation or warranty of any kind, express, implied or statutory regarding Minisite or the materials and information contained or referred to on each page associated with Minisite. No claims or actions of legal proceedings in connection with the use of this Minisite by you or any third parties authorized by you to use Minisite will be entertained by HKDNR.

6. You, your employees, agents and any person authorised by you shall not seek to recover and shall not be entitled to recover from HKDNR or to be indemnified by HKDNR against any direct, indirect or consequential loss or damage suffered by you arising out of or in connection with your use of Minisite.

7. You shall be held responsible for any losses and damages suffered by HKDNR arising either directly or indirectly from the use of Minisite by you, your employees, agents or any person authorised by you. HKDNR reserves the right to claim and take any actions or legal proceedings for recovery or compensation as a result.

8. You hereby agree to fully indemnify, defend and hold HKDNR, its affiliates or partners, agents, directors, employees harmless from and against any action, liability, costs claim, loss, damage, proceeding or expense of whatsoever nature (including reasonable legal fees, costs and expenses on a full indemnity basis) arising from or directly or indirectly related to:-

(a) your access to and/or use of Minisite and/or any other person or entity's use of this service or Minisite where such person or entity was authorised by you to access and/or use Minisite; or

(b) any negligent act or omission or breach or non-observance of any of these Terms of Use by you or by any other person or entity where such person or entity was authorised by you to use Minisite; or

9. HKDNR gives no warranty of any kind express or implied with regard to the accuracy or completeness of any information on Minisite or that Minisite will be error free. Information obtained through Minisite may contain errors including but not limited to, inaccuracies or typographical errors. HKDNR shall not be liable to you for any loss arising out of and to the extent caused by any failure by HKDNR to keep the information on Minisite accurate and/or up-to-date. HKDNR reserves the right in its discretion but undertakes no duty to review, edit or otherwise change without prior warning or notice any information or material contained on Minisite.

10. HKDNR does not guarantee that any e-mails from Minisite will be sent to you or received by the e-mail recipients of the e-mail posted on Minisite nor does HKDNR warrant the privacy and/or security of e-mails during Internet transmission. Likewise, HKDNR does not guarantee other contact information posted on Minisite are true and accurate.

11. HKDNR may use "session cookies" on Minisite. If you want to disallow such cookies you can do so on your Web browser. These cookies are stored on your computer temporarily, not permanently, mainly for the duration of each of your visits to Minisite.

12. HKDNR reserves the right to amend these Terms of Use at any time without prior notice. You shall review Minisite regularly for keeping track of such amendments.

13. HKDNR reserves the right to log your IP address and to preserve it for reasonable time. The purpose is to help the prevention or detection of crime.

14. These Terms of Use shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.

15. In the event of any discrepancy between the English and Chinese versions of this Agreement, the English version shall prevail.