18    PowerEsim Terms of use

PowerEsim Terms of use

 

CONDITIONS OF ACCESS FOR www.powerEsim.com

Access to this website is granted by PowerELab Limited ("PowerELab") subject to the following terms and conditions. If you do not agree to any of these terms and conditions, please discontinue your access.

DISCLAIMER

The information and materials contained in this site is provided on an "AS IS" and "WHERE IS" basis and for reference only and should not be treated as professional advice. It is strongly recommended that specific advice should be sought from professionals where the circumstances require. Whilst PowerELab has used its best endeavors to ensure that the information contained in these pages is accurate, complete and up-to-date, PowerELab makes no representation as to its accuracy or completeness, expressly disclaims all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement and expressly disclaims any liability whatsoever for any loss howsoever arising from or in reliance upon the whole or any part of information, and no warranty or representation regarding non-infringement, security, accuracy, fitness for a particular purpose or freedom from computer virus or similar items is given in conjunction with such information and materials.

Any person intending to access pages of this website should ensure that they are fully aware of all applicable legal requirements under the laws and regulations affection them.

The information in these pages does not constitute any representation, warranties or obligations binding on PowerELab who shall have absolute discretion to withdraw, vary, amend or supplement the services and products at any time.

PowerELab does not make any representation, warranty or endorsement of any of the products, services or information provided in this website. All products and services sold shall be subject to our Terms and Conditions of Sale.

This disclaimer shall take effect to the fullest extent permitted by law.

COPYRIGHT

Content available through PowerEsim.com -- including, without limitation, text, graphics, software, music, sound, photographs, and videos, and any other contents is protected by copyrights. The copyright in this website is owned by PowerELab. No part of parts hereof may be reproduced, distributed, republished, displayed, broadcast, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of PowerELab provided that permission is granted to download and print the materials on this website for personal, non-commercial use only provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials. You also may not, without PowerELab's permission, "mirror" any material contained on this website on any other server.

TRADEMARKS

The trade marks, service marks, and logos (the "Trade Marks") used and displayed on this website are registered and unregistered Trade Marks of PowerELab and others. Nothing on this website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trade Mark displayed on this website, without the written permission of PowerELab or other Trade Mark owner. The name of PowerELab or the PowerELab logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this website, without prior written permission.

LIMITATION OF LIABILITY

Under no circumstances, including, without limitation, negligence, shall PowerELab or its parents, subsidiaries, affiliates, officers, directors, employees, agents, or suppliers be liable for any damages, loss or expense including without limitation, direct, indirect, incidental, special, or consequential damages, or economic loss arising from or in connection with:

1. any access, use or the inability to access or use this website, or reliance on the contents of this website;
2. any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus;
3. any use of or access to any other website linked to this website;
4. any product, service or information of any merchant or service provider;
5. unauthorized access to or alteration of your transmissions or data, or other information that is sent or received or not sent or received, including but not limited to, damages for loss of profits, use, data, or other intangibles loss

Even if PowerELab or its agents or employees are advised of the possibility of such damages, losses and/ or expenses. Any hyperlinks to any other websites are not an endorsement or verification of such websites and such websites should only be accessed at the users' own risks. This exclusion clause shall take effect to the fullest extent permitted by law.

You agree that PowerELab is not liable for any failure to deliver, hold, or store eMail transmitted through the service. You also agree that PowerELab shall not be responsible or liable to you, or to anyone, for the statements or conduct of any third party on or arising from use of PowerELab's service.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless PowerELab, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers from any and all losses, claims, costs, damages, actions proceedings, demands, liabilities, and expenses including, without limitation, legal fees, made by any third party arising out of or related to your use of PowerELab 's Service or your violation of this Agreement, including without limitation the infringement, by you or any other user of your information provided, of any intellectual property or other right of any person or entity. PowerELab may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by PowerELab, however, shall not excuse any of your indemnity obligations.

YOUR TRANSMISSIONS

Any material, information or idea you transmit to or post on this website by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by PowerELab or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong") and shall be subject to the non-exclusive jurisdiction of the courts of Hong Kong.

REVISION OF CONDITIONS OF ACCESS

PowerELab may at any time revise these Conditions of Access by updating this version. By using this website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current version of the Conditions of Access to which you are bound.

Conditions of Access version 1.0
Dated 15 April 2005