I.   General

Please be noticed that your use of any of the site and/or its content is subject to these Terms & Conditions as well as our Policy Schedules.  If you do not agree with these Terms and Conditions or our Policy Schedules you are not authorized to use the site and should leave the site immediately.

We reserve the right to amend these Terms & Conditions from time to time without notice to you and at our sole discretion.  It is your responsibility to review our Terms & Conditions webpage for updates which shall come into effect once posted.

II.    Proprietary rights

All rights in all material and/or content of the site, including but not limited to: Intellectual Property Rights, text, images, web pages, sound, and website structure are owned by us or the licensors of software where applicable.  You acknowledge and agree that you shall use the material and/or content only for personal use and in compliance with those requirements set out in these Terms & Conditions or as otherwise expressly authorized in writing by us or the licensors of software; you may not otherwise copy, reproduce, distribute, commercially adapt, translate, modify, share or make available to any person, or in any other way use these material and/or content for business use.

You acknowledge and agree that use of the site does not grant to you any right of use or interest in any Intellectual Property Rights in the site.  Except as provided in these Terms & Conditions, any use or reproduction of the material and/or content of the site for commercial use is a breach of relevant terms and may infringe our Intellectual Property Rights and/or the Intellectual Property Rights of third parties’.


You may print hard copies of content, information and/or material on the site solely for your lawful, personal, non-commercial use.  You agree not to copy, modify, download, reproduce, distribute, adapt, translate, sell, share or in any other way to use any such content, information and/or material for commercial purposes.   

III.      Website functioning

There is no guarantee made from us (including and not limited to our related companies, affiliates, shareholders, directors, employees) that the website shall maintain uninterrupted or secure service nor be fully accessible at any time, as the operation of website may be subjected by numerous external factors which are out of the actual control of us. 

V  Limitation of Liability

The information and/or content on this website are for personal use only unless prior consent from us has been obtained.  We shall have no liability whatsoever (under the applicable laws in jurisdictions where our site is operated, or where the site is visited by visitors, or where the business listed on the site is located or operated), to you for any loss of profits, liability to any third party, or any indirect or consequential loss or damage in relation to any of information and/or content in the site.  To the extent permitted by law, in the event that Gingko Guide is liable to you, then the total and aggregate liability of us whatsoever (under the applicable laws in jurisdictions where our site is operated, or where the site is visited by visitors, or where the business listed on the site is located or operated), including any acts or omissions of us in the performance of these Terms & Conditions shall be limited up to a maximum of the amount equaling to the total amount paid or payable by you to Gingko Guide.

VI  Proper use of the Website

You hereby undertake not to:

  1. use the site in any way that causes or is likely to cause the access to the site or the proper use of it by other people to be interrupted, damaged, or the effectiveness or functionality of the site is or is likely to be impaired;

  2. hack, infiltrate or otherwise do any thing which may compromise the site;

  3. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

    d. spread any computer viruses, macro viruses, trojan horses, worms or any other thing to interrupt or disrupt the normal operating of a computer or to intercept or expropriate any system, data or personal information any other activities which causes or is likely to cause the operation of the site to be jeopardized or impaired. 

You hereby undertake that you do understand that you are responsible for all electronic communications and content sent from your computer to us.  Please be noticed that you must use the site for lawful purposes only.  Any use of the site for improper, unlawful or immoral purpose (including but not limited to causing bodily harm, destruction of property, or any other criminal offense or civil liability) is strictly prohibited and the people who took such action, or induced others (including persons under the age of 18 years) shall be liable for all legal consequences where applicable.


Relating to Third Parties

  1. the visitors to the site hereby undertakes not to use the site or any of its material and/or content to create, to spread software viruses, chain letters, mass mailings or spam, or in any other way which violates the legal rights of any third party;

  2. not to use the site or any of its material and/or content to make fraudulent offers to sell or buy products/services to any third party;

  3. not to use the site or any of its material and/or content to infringe upon or threat to infringe upon any third party's personal information or to engage in screen scraping, database scraping or any other activity with the purpose of obtaining users data or other data;

  4. please be noticed that resell, or redistributing any part of the site or any of its material and/or content without our prior written consent is strictly forbidden;

 We reserve the right to restrict, suspend or terminate your access to the site and any of its material and/or content without first providing notice to you.  All users hereby agree to comply with relevant laws and regulations applicable.

RSS may be available on the site using relevant internet tools and such tools may be offered on the site for non-commercial, personal use only.  Please be noticed that you must use the RSS feeds as provided by us, and may not edit or modify the text, information, content or links supplied by us.

VII. Warranty from users

The visitors to the site hereby warrants that he or she shall indemnify us (including and not limited to our related companies, affiliates, shareholders, directors, employees) and shall keep us (including and not limited to our related companies, affiliates, shareholders, directors, employees) fully indemnified from and against any claim, loss or damages threatened or suffered as a result of or arising in relation to any use by the visitor to the site, including but not limited to:

  1. any loss, claim or damages suffered by us or a third party as a result of any infringement of any rights including the Intellectual Property Rights in any information, material and/or content due to  the visitor’s use of  the site;

  2. any loss, claim or damages suffered by us or a third party as a result of activities by the visitor which is directly or indirectly related to any information, material and/or content on the site.

Nothing in this Agreement shall limit or exclude our liability for death or personal injury resulting from our intentional act or gross negligence.  Subject to the foregoing, we (including and not limited to our related companies, affiliates, shareholders, directors, employees) will not be liable for any economic losses (including and not limited to loss of revenues, profits, contracts/agreements, business opportunities or anticipated deals or income), loss of goodwill, or any indirect or consequential damages arising out of or in connection with the site.

Entire Agreement

These Terms & Conditions constitute the entire agreement between you and us and supersedes any and all prior communication, representations, understanding, correspondence between you and us.  In cases where relevant software or online tools are applied on the site, such application may be subject to license distributed  with such software or tools.  Please be kindly noticed that you must abide by the terms and conditions of such license agreements where applicable; it is recommended that you contact relevant software or tools developers and/or suppliers in advance should you have queries whether your application of such software or tools are proper and conform duly with applicable requirements.  

Definitions

The Site: herein refers to relevant websites the contents of which are added, edited, or updated, etc. by Gingko Guide or its parent company or affiliates if any, including but not limited to the current website where these Terms and Conditions are posted.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such chapter o paragraph.

Arbitration

Please be kindly noticed that any claim, controversy, or dispute arising out of or in relation to these terms and conditions, including the exercise of rights hereunder shall be resolved by arbitration at the arbitration center in the city where our business is incorporated or majorly operated, the applicable arbitration rules shall be the rules of the arbitration center so designated, the language of the arbitration shall be English, there will be only one arbitrator.

Any rights not expressly stated herein are reserved.

 

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