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Terms of use
YOU MUST READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY REGISTERING TO USE THE SERVICES, YOU SHALL BE DEEMED TO HAVE ACCEPTED AND BE BOUND BY ALL PROVISIONS OF THESE TERMS OF USE.
 

Interpretation
The references "we or us" as used hereinafter refer to the Marine Department of the Government of the Hong Kong Special Administrative Region. We shall operate the Electronic Business System Portal (the "Portal") that comprises web sites for the provision of our services via the Portal (the "Services") on behalf of the Government of the Hong Kong Special Administrative Region subject to the Terms of Use.

"Contents" refer to and/or imply all or any of, as the case may be data, text, HTML codes, images, graphics, sound, software tools, electronic form file, animation, video, advertisement, computer program actions or any compilation or combination of them which are found on the Portal. The terms "you" and "user" used herein refer to and/or imply all individuals, companies and / or organisations accessing the Portal, and / or using the Services, and / or using the Contents found on the Portal.

 
The Terms
We provide the Services to you subject to the following Terms of Use. Some other services may be subject to additional terms governing their provision which additional terms will be made known to you when you express your intention to use those other services.

1. Description of Service
 
All Services and any new features that change or enhance any such services currently offered shall, unless explicitly stated otherwise, be subject to the Terms of Use. We assume no responsibility for the timeliness, deletion, mis or non-delivery or failure of the provision of any Services. You acknowledge and agree that the Services will be made available as it is provided. We may terminate your access to some or all parts of the Services immediately without notice if you fail to comply with or observe any provision of the Terms of Use.

You understand that the technical processing and transmission of the Services may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting computing networks or devices. We shall, accordingly, in no circumstances, be liable for any failure to whatever extent for the provision of any Services in whole or in part or for your inability to gain access in whole or in part to such Services due to the delay or failure of any communication networks or any party providing such access. You agree that you will not access the Services other than by means through the interface that is provided by us for use in accessing the Services.

If you are an individual, the Services are for your sole and exclusive use. If you are a sole proprietor, a company or an organization, you shall nominate, according to such procedures as we may prescribe, one or more individuals as shall be permitted by us to use the Services (the" Authorised User") and the Services shall be used for and on behalf of you by the Authorised User and not by any other person.

You and, where applicable, the Authorised User shall not use or knowingly allow any third party to use or access the Services for or in connection with any illegal purpose or activity.

When you and/or the Authorised User access the Services for the first time, you and/or the Authorised User are required to register on-line or in such other manner as we may from time to time specify and indicate their acceptance of all terms and conditions in the Terms of Use governing the use of the Services and to provide such information as we may reasonably specify for identifying you and/or the Authorised User.

You and the Authorised User warrant that all information provided by them to us in relation to the Services is true, complete and up-to-date.

You acknowledge that we shall have the right in our sole discretion to refuse or move any Content that is available via the Services and to remove any Content that violates the Terms of Use or is otherwise objectionable.

You acknowledge that you may not rely on any Content created by us and you agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
 
2.
Registration
 
You may be asked to fill in one or more of our registration or application forms (on-line or otherwise) before certain part of the Services or some other services become available to you. In filling in those forms, you undertake to provide true, accurate, current and complete personally identifiable information about yourself as required. You should also promptly update information about yourself to keep it true, accurate, current and complete. If you provide any personally identifiable information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You acknowledge that we have the right to log off your account as we think fit if it is inactive for an extended period of time.

You or, in the case of a sole proprietor, a company or an organisation, the Authorised User shall follow the rules or guidelines provided by us in designating the user name and the password for identifying him for the purposes of accessing or using the Services. You or, in the case of a sole proprietor, a company or an organisation, the Authorised User may change the password but any change shall be effective only if accepted by us. The user name cannot be changed unless we agree to the change

You or, in the case of a sole proprietor, a company or an organisation, the Authorised User shall keep the user name and password in secret and shall not disclose the user name and password to any other person. We will not be liable for any loss or damage arising from your failure to comply with this section.

You and, where applicable, the Authorised User shall be fully responsible for any accidental, negligent or unauthorised disclosure of the user name and/or password to any other person and shall bear the risks of and the liability arising from the user name and/or password being used by unauthorised persons or for unauthorised purposes.

You and, where applicable, the Authorised User shall notify us any disclosure or suspicious disclosure of the user name and/or password or any unauthorised use of the Services as soon as practical.

Information relating to your transaction made available on the Portal is for reference only. Our records of such transaction and any use of the Services shall be final and conclusive unless and until the contrary is proved.
 
3.
Portal Privacy Policy
 
For information about our privacy polices and practices and our use of cookies, please refer to the Marine Department’s Privacy Policy Statement and On-line Portal Privacy Policy for Data Collection and Use on the subject web page at the hyperlink: http://www.mardep.gov.hk/en/others/important.html and the Privacy and Security Statement section of this document.
 
4.
User’s Conduct
 

As a condition of your use of the Portal, you undertake not to use the Services to:

a.  
break into, access, use or attempt to break into, access or use any other parts of Portal and/or data areas for which you have not been by us;
b.
upload, post or transmit any contents which is unlawful, harmful, obscene, pornographic, abusive, threatening, or otherwise objectionable;
c.
upload, post or transmit un advertising, chain letters, pyramid schemes, promotional material, or any unsolicited commercial communication;
d.
upload, post or transmit any information or software which contains any computer virus, worm or other harmful computer code, files or program;
e.
access, collect or store personally identifiable information about other Users.

You shall provide such information as we from time to time reasonably request for the purposes of providing the Services.

You and, where applicable, the Authorized User permit us to disclose information in respect of you and the Authorized User to such persons as we may be requested (whether or not compelled by law) to do so by you, or by any laws of any competent jurisdiction or in the good faith belief that such disclosure is reasonably necessary to: (1) comply with any legal process, (2) enforce the Terms of Use, (3) respond to any claim that any of the Contents violates the rights of third-parties, or (4) protect our right and property, or for the purpose of providing the Services and/or the Contents to you in an efficient manner, or for the purpose of properly administering your account in accordance with our procedures.

You and, where applicable, the Authorized User warrant that you and the Authorized User have full power and authority to accept the Terms of Use and perform its obligations hereunder and that all necessary corporate or administrative action has been taken to authorize acceptance of the Terms of Use, performance of their obligations and use of the Services and/or the Contents. You and, where applicable, the Authorized User further warrant that such acceptance, performance and use shall not contravene or conflict with any provision of its constitutional documents.

 
5.
Links to and from the Portal
 
The Portal contains links to other web sites, which are not maintained or controlled by us. You acknowledge and agree that we shall not be responsible or liable for any contents, advertising, products, or other materials on or available from such web sites or pages. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any of the Services and/or the Contents available on or through the Portal.
 
6.
Intellectual Property Rights
 
You and, where applicable, the Authorised User acknowledge and agree that all rights, title and interest in and relating to the Contents and all related copyright, patent, trademark, service mark, proprietary property, trade secrets and exclusive works belong to the Government of the Hong Kong SAR and the respective information providers. All rights under applicable laws are hereby reserved. Unauthorized copying, distribution, modification and public display of copyrighted works is an infringement of the copyright holders’ rights. You acknowledge and agree that you will not use the Portal to infringe the intellectual rights of others. No right, title or interest other than the right to access the Services and the Contents subject to the Terms of Use is assigned or transferred to you. You and, where applicable, the Authorised User shall not make any representation or do any act which may be taken to indicate that you or the Authorised User has any such right, title or interest.

We grant you and, where applicable, the Authorised User a personal, non-transferable and non-exclusive right and licence to use the object code of software tools for you to access the Portal, and/or use the Services, and/or use the Contents found on the Portal on a single computer provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise to discover any source code, sell assign, sublicense, grant a security interest in or otherwise transfer any right in the software tools. You agree not to modify the software tools in any manner or form, or to use modified versions of the software tools, including (without limitation) for the purpose of obtaining unauthorized access to the Services.

No warranty, representation or guarantee of any kind relating to the Services and the Contents is given or may be implied and no employee or agent of us or any information provider is authorised to give any warranty, representation or guarantee.
 
7.
Disclaimers and Limitation of Liability
 

Disclaimer
Your use of the Services is absolutely at your sole risk. The Services is provided on an "as is" and "as available" basis. We expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term or merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of the Services and the Contents to a standard or reasonable care and skill or as to non-infringement of any intel1ectual property right to the fullest extent permitted by applicable law.

We make no warranty or representation that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (Hi) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the software tools will be corrected.

Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from or related to the download of any such material.

No advice, representation or information, whether oral or written, obtained by you from us through or from the Services shall create any warranty or other obligation not expressly stated in this Terms of Use.

Limitation of Liability
You expressly acknowledge and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages). resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) un access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services; or (v) any other matter relating to the Services.

Severability
Each of the provisions of this Terms of Use is severable and distinct from the others and, if at any time one or more of such provisions is or becomes illegal, invalid or unenforceable in any respect under the laws of any jurisdiction, the legality, validity or enforceability of the remaining provisions shall not be affected in any way.

Waiver
No act, delay or omission by us shall affect our rights. powers and remedies under this Terms of Use or any further or other exercise of such rights, powers or remedies. The rights and remedies under this Terms of Use are cumulative and not exclusive of the rights and remedies provided by laws.

 
8.
Change of Terms
 

We may amend the Terms of Use from time to time at our sole discretion without giving notice or incurring any liability due to you. You should review the Terms of Use periodically for changes at the web site http://ebs.mardep.gov.hk. We shall not be liable to you or to any third party for any change, suspension or discontinuance of the Services.

Any change of the Terms of Use shall become effective subject to our giving reasonable notice to you and where applicable you have appointed Authorized User, to you and/or, the Authorized User, the notice of which may be given by posting it on the Portal or by display, advertisement or other means as we thinks fit, and shall be binding upon you and, where applicable, the Authorized User if you continue to maintain or use the Services on or after the effective date of variation. You acknowledge and agree that you have the duty to check whether there is any change to the Terms of Use and that you will not continue to maintain or use the Services on or after the effective date of variation if such change is not acceptable to you.

 
9.
Governing Law and Jurisdiction
 
This Terms of Use shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the Peoples’ Republic of China. You acknowledge and agree that any claim or actions you might have against us shall be submitted to the exclusive jurisdiction of the Courts of the Hong Kong Special Administrative Region.
 
10.
Chinese Version
 
Where a comparison of the Chinese version of the Terms of Use and its English version discloses a difference or inconsistency of meaning the, the English version shall prevail.
   
 

Acceptance
You accept and agree to be bound by the Terms of Use upon using any Services or otherwise accessing the Portal or using any information originated or found therein. If you do not accept the Terms of Use, you must not and are not permitted to access the Portal or use the Services.

 
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