Terms of Use - CyberNet Property Information, Real Estate, Transaction

"Information"	information, data, content, analysis, news, reports, programmes, photographs, pictures, graphics, video, audio, software and other materials and services, communications, transmissions and other items, tangible or intangible
"Personal Data"	personally identifying information or sensitive data (including but not limited to names, ages, addresses, occupations, contacts, other personal details and credit card information)
"Services"	services include Twin Search, Add my Listing, Mortgage Calculator, Member's Listing, CyberTalk, Agent Login, ASP Statistics, Commission Index, New Development, Recruit Online, Licensee and such other services as may be offered from time to time on the Web Site
"Cybernetics", "we", "our", "us"	Cybernetics 1 Limited
"Cybernetics Affiliates"	Cybernetics's subsidiaries, affiliates, associated, holding and/or subsidiary of such holding companies, Cybernetics's agents or licensors, and respective agents, officers, affiliates and employees
"Terms of Use"	the terms and conditions of use set forth below as amended from time to time
"Third Party Provider"	any provider of Information or services on the Web Site other than cnp.hk
"users", "you", "your"	any person who accesses the Web Site
"Web Site"	www.cnp.hk and other web site(s) from time to time hosted or linked up by cnp.hk

The Terms of Use govern your use of cnp.hk Web Site.

Please read through the Terms of Use set forth below. If you do not agree with the Terms, do not use this Web Site. If you do use the Web Site, your conduct indicates that you agree to be bound by the Terms.

1. Changes to the Web Site

cnp.hk may, in its sole discretion and at any time, without notice to you, add to, amend or remove any information from the Web Site, or alter the presentation, substance, or functionality of the Web Site.

2. Change of Terms

cnp.hk may amend the Terms of Use from time to time in its sole discretion without notice or liability to you. By continuing to use the Web Site following such amendments to the Terms of use, you agree to be bound by such amendments. In addition to these Terms of use, the use of some services offered on the Web Site may be subject to further terms and conditions.

3. User's Conduct

As a condition of your use of the Web Site, you must not:

a) trespass, break into, access, use or attempt to trespass, break into, access or use
any other parts of our servers, and/or any data areas for which you have not been authorized by use;

b) restrict or inhibit any other user from using and enjoying the Web Site;

c) post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable Information of any kind, including without limitation any transmissions constituting or encouraging conduct that may constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law;

d) post, or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding;

e) post or transmit any Information or software which contains any virus, Trojan horse, worm or other harmful component;

f) post, publish, transmit, reproduce, distribute or in any way exploit any Information obtained through the Web Site for commercial purposes; or

g) upload, post, publish, transmit, reproduce, or distribute in any way, Information obtained through the Web Site which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without the prior written permission of the copyright owner or rightholder.

You have no rights in or to the Information available on the Web Site and you will not use the Information available on the Web Site in any manner or for any purpose, except as permitted under these Terms of Use.

4. Prohibition of Access

cnp.hk reserves the right at all times to prohibit or deny your access to the Web Site or any part thereof immediately and without notice, where we are of the opinion that you have breached any of the Terms contained in the Terms of Use or that such prohibition or denial is appropriate, desirable or necessary in our sole discretion.

5. Third Party Information

The Information may contain Information provided by Third Party Providers or sourced by cnp.hk from other references or sources. The Information on the Web Site may not be regarded as any recommendation or endorsement by cnp.hk for any purpose with respect to any person, product or service.

cnp.hk is not responsible if any such Information is not up-to-date; cnp.hk does not separately verify such Information. Accordingly we do not accept any responsibility whatsoever in respect of such Information. Any use of and reliance on such Information is at your own risk.

In particular, the views, comments and opinions expressed in the CyberTalk Real Estate Forum do not represent the views of or any endorsement by cnp.hk. You are cautioned as to the reliability and accuracy of opinions expressed in these columns.

6. Links to and from the Web Site

The links on the Web Site may take you to other sites and you acknowledge and agree that cnp.hk and the cnp.hk Affiliates have no responsibility for the accuracy or availability of any Information provided by linked web sites.

Links to other websites do not constitute an endorsement by cnp.hk of such web sites or the Information, products, advertising or other materials available on those websites.

7. Indemnity

You agree to defend, indemnify and hold cnp.hk and the cnp.hk Affiliates harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Use and/or your use of the Web Site. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement, which may adversely affect our rights or obligations, shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.

8. Intellectual Property Rights

All intellectual property rights subsisting in respect of the Web Site belong to cnp.hk or have been lawfully licensed to cnp.hk for use on the Web Site. All rights under applicable laws are hereby reserved. Except with the express permission of cnp.hk, you are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the Web Site itself or create derivative works with respect thereto, as the Web Site is copyrighted under applicable laws.

You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, know-how, proposals, suggestions, comments and other communications and information provided by you to us ("Feedback/Listing") in connection with the Web Site and/or Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback/Listing.

For information on our intellectual property rights and copyright notices, please also refer to our Copyright Declaration.

9. Limited Liability and Warranty

All information is for your general reference only. Cybernetics does not accept any responsibility whatsoever in respect of such Information.

YOUR ACCESS TO AND USE OF OUR WEB SITE IS AT YOUR SOLE RISK AND IS PROVIDED "AS IS," "AS AVAILABLE." THE WEB SITE IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE WEB SITE OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR WEB SITE. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

Neither cnp.hk nor any of the cnp.hk Affiliates shall guarantee or assume any responsibility that:

1. the Information on the Web Site is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
2. the Information on the Web Site is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
3. messages sent through the internet will be free from interception, corruption or loss;
4. access to the Web Site will be available or be uninterrupted; or
5. defects in the Web Site will be corrected.

In no event will cnp.hk or the cnp.hk Affiliates be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, the Information, even if cnp.hk or the cnp.hk Affiliates have been advised of the possibility of such damages.

You will exercise and rely solely on your own skill and judgment in your use and interpretation of the Information. You are responsible to ensure that your use of the Information complies with all applicable legal requirements.

The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.

10. Privacy Policy

For information about our privacy policies and practices, please refer to our Privacy Policy Statement. You agree to the use and disclosure of your information in the manner set out in our Privacy Policy Statement (as updated from time to time). Where personal data is collected in connection with the Services, you should also have reference to the relevant user agreements linked to the form through which your personal data is collected.

For information on our use of cookies, please also refer to our Privacy Policy Statement.

11. Partial Invalidity

The illegality, invalidity or unenforceability of any provision of these Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

12. Several Users

If there are two or more persons adhering to these Terms of Use as user, their liability under the Terms of Use is joint and several, and their rights are joint.

13. Miscellaneous

No waiver of any breach under these Terms of Use will amount to a waiver of any other breach. The headings in these Terms of Use are for convenience only and do not affect interpretation.

14. Termination

cnp.hk may, in our sole discretion and at any time, without prior notice to you and without cause, terminate all or any part of our Services to you and consequentially prohibit your right to access to the Services.

15. Governing Law and Jurisdiction

These Terms of Use shall be governed by the law of the Hong Kong Special Administrative Region. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.

16. Chinese Version

If there is any conflict or difference between the Chinese version of the Terms of Use and its English version, the English version prevails. If any part of the Chinese version is unclear, reference should be made to the English version. The Chinese version may not be translated into English for the purpose of comparing with or interpreting the English version.