|"China"||refers to the People's Republic of China|
|“Content”||refers to any information, data, materials, documents, text, images, video clips, directories, files, plans, reports, results, databases, listings, services, specifications, formulations, methods and/or mechanisms provided, presented, produced, hosted by, linked to or accessed through use and/or provision of Promet Metals Testing Laboratory Limited and Promet Consultancy Company Limited|
|"Information"||refers to any information, data, content, analysis, news, reports, programmes, photographs, pictures, graphics, video, audio, software and any other materials and services, communications, transmissions and any other items, whether tangible or intangible and in whatsoever form|
|"personal data"||refers to any personally identifying information (including but not limited to names, ages, addresses, occupations, contacts, credit card information and other personal details)|
|"Promet", "we", "our" or "us"||refers to Promet Metals Testing Laboratory Limited and Promet Consultancy Company Limited|
|"Services"||refers to non-exclusive services including but not limited to the testing/analysis/inspection/consultation/certification/calibration or such related services irrespective of whether or not it is related to metal or steel products/goods/materials or water tested by Promet rendered to customers.|
|"Third Party Provider"||refers to any provider of Information or services (including but not limited to third party payment processors) found on or linked to the Website other than Promet|
|"users", "you" or "your"||refers to any person who accesses or uses the Website|
|"Website"||refers to www.prometlab.com , including the Services offered therein, and any other website(s) from time to time hosted or linked up by Promet|
1. Changes to Website
We may, in our sole discretion and at any time, without notice to you, add to, amend, replace, remove or edit any Information from or on the Website, or conduct maintenance of the Website, or alter the presentation, contents, substance, or functionality of the Website.
2. Change of Terms
3. User's Conduct
|(i)||conducting any direct marketing activities and/or disseminating or circulating any part of the content of any unsolicited publicity or advertising materials;|
|(ii)||advertising and/or promoting and/or endorsing any goods and services;|
sale or exchange of any part of the Information obtained through the Website for any benefits, gain, profit or rewards; or
|(iv)||cause loss in money or other property to Promet or any persons;|
|(v)||any other commercial purposes; and/or|
|(vi)||copy, upload, post, publish, transmit, reproduce, or distribute in any way, Information obtained through the Website which is protected by intellectual property rights including but not limited to copyright, patents, trademarks, service marks, registered designs or any other proprietary right, or create derivative works with respect thereto, without the prior written permission of the copyright owner or rightholder.|
5. Third Party Information
The Information may contain Information provided by Third Party Providers or sourced by Promet from other references or sources. The Information on the Website may not be regarded or used in any way as any approval, recommendation or endorsement by Promet for any purpose with respect to any person, product or service.
Promet is not responsible if any such Information is not up-to-date; Promet does not separately verify or audit such Information. Accordingly we do not accept any responsibility whatsoever in respect of the provision of and/or use of and/or reliance on the Information provided or presented by Third Party Providers. Any use of and reliance on such Information is at your own risk and you should exercise your own independent judgment or obtain independent legal advice if necessary.
6. Hyperlinks on the Website
Links to other websites shall in no way constitute an approval, endorsement or recommendation by Promet of such websites or the Information, products, advertising or other materials available on those websites.
7. Intellectual Property Rights
All intellectual property rights subsisting in respect of the Website belong to Promet or have been lawfully licensed to Promet for use on the Website. All rights under applicable laws are hereby reserved. Except with the express permission of Promet, you are not allowed to copy, upload, post, publish, reproduce, transmit or distribute in any way the Website itself (whether in whole or in part) or create derivative works or decompile, reverse engineer or derive the source code thereto, and/or make any attempts of the aforesaid acts, whether directly or indirectly, as the Website is protected by intellectual property rights under applicable laws.
8. Limited Liability and Warranty
All Information available from time to time on the Website is for your general reference only. Promet does not accept any responsibility or liability whatsoever in respect of such Information and/or your use and/or reliance thereof.
YOUR ACCESS TO AND USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. THE WEBSITE IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OR GUARANTEE OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR QUALITY.
OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE WEBSITE OR OTHERWISE, IS REPLACEMENT OR REMEDY 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 INFORMATION, MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR WEBSITE. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY INCLUDING BUT NOT LIMITED TO ANY THIRD PARTY PROVIDER.
Promet shall not guarantee or assume any responsibility that:
Without limiting the generality of the foregoing, in no event will the Promet be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business, income or profit, loss of confidential or other information, business interruption, infringement of privacy and/or inability to perform any responsibilities or duties arising out of any use, or inability to use, the Information or the Services, whether in contract, tort or otherwise, even if Promet has been advised of the possibility of such loss or damages.
In addition, Promet accepts no responsibility for or liability in respect of Information or services provided by Third Party Providers, nor does it endorse or approve such Third Party Providers. You acknowledge and accept that any agreement or dispute in relation to such Information or services is unrelated to Promet and is solely a matter between you and such Third Party Provider.
You will exercise and rely solely on your own skill and independent judgment in your use and interpretation of the Information and use of the Services. You are responsible to ensure that your use of the Information obtained through the Website and the Services in any way for any purpose whatsoever complies with all applicable legal requirements, including without limitation, the data protection law applicable to you.
10. Partial Invalidity
We may, in our sole discretion and at any time, without prior notice to you and without cause, suspend or restrict or terminate all or any part of our Services to you and consequentially prohibit your right to access to or use of the Services and/or the Website and remove any information and data linked to your profile or registered account.
13. Dispute Resolution
You and Promet shall in good faith attempt to negotiate a settlement to any such dispute.
If such dispute cannot be resolved within 3 months of the receipt of the Notice by the other party, parties hereto shall submit to the non-exclusive jurisdiction of the courts of Hong Kong Special Administrative Region.
14. Governing Law
15. Inconsistencies between Chinese and English Version