These Terms and Conditions govern your use of the website and all other Knowledge Services provided in connection with the website.
By using the Website you confirm that you have accepted these Terms and Conditions and that you agree to comply with them. If you do not agree to these Terms and Conditions, please do not use the website.
AMENDMENTS
We may change these Terms and Conditions from time to time and any changes will be posted to this page. Please check back to see any changes or updates.
REGISTRATION
You may access most areas of the website without registering your details with us. Some Knowledge Services areas of the website are only available to you if you register.
To use the website you must be over eighteen years of age.
You must ensure that the details you provide on registration or at any time are correct and complete.
INTELLECTUAL PROPERTY
The content of the website (including without limitation photographs and graphical images) is protected by copyright, trademarks, database and other intellectual property rights.
Unless otherwise stated, the intellectual property rights in all material on the website is owned by ener8.
You may print off one copy and download extracts from the website for your own use and you may draw the attention of others within your organisation to content posted on our website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded from the website in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
ener8’s copyright and trade mark notices and this permission notice must appear on all copies.
You must not use any part of the content of our website for commercial purposes unless you obtain a licence from us to do so.
If you print off, copy or download any part of our website in breach of these Terms and Conditions, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No licence is granted to you in these Terms and Conditions to use any trade mark of ener8.
LIMITATIONS
Other than personally identifiable information, which is covered by our Privacy Policy , any material you transmit or post to our website shall be considered non-confidential and non-proprietary. We shall have no obligations in respect to such material and we shall have the right to copy, disclose and distribute to third parties any such content for any purpose.
You may not use our website for any of the following purposes:
-In any way that breaches any applicable local, national or international law or regulation or code of practice;
-In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
-Interfering with any other person’s use or enjoyment of our website;
-To transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
-Interfering or disrupting networks, software or websites connected to our website; or
-To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software, hardware or website.
We reserve the right to refuse to post material on our website or to remove material already posted.
We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this Clause.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
-Any claim by any third party that the use of our website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
-Any claim by any third party that the use of our website by you infringes a third party’s copyright or other intellectual property rights of whatever nature; and
-Any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with your use of our website.
AVAILABILITY OF THE WEBSITE
You are responsible for making all arrangements necessary for you to have access to our website and ensuring that all persons who access our website through your internet connection are aware of these Terms and Conditions and that they comply with them.
Your access to our website may be occasionally restricted (without notice in the event of systems failure) to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can. We shall not be liable if for any reason the website is unavailable at any time or for any period.
ENER8’S LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied. You must bear the risks associated with the use of the Internet.
Whilst we make reasonable efforts to ensure that material included on our website is accurate and complete, we will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with our website. If we are informed of any inaccuracies in the material on our website we will attempt to correct the inaccuracies as soon as we reasonably can.
We, and any Associated Companies and the officers, directors, employees, shareholders or agents of any of them, will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
-Use of, unsuitability or inability to use, our website;
-Use of or reliance on any content displayed on our website; or
-Any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
If you are a business user, please note that in particular, we will not be liable for:
-Loss of profits, sales, business, data, income or revenue;
-Business interruption;
-Loss of anticipated savings;
-Loss of business opportunity, goodwill or reputation; or
-Any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in these Terms and Conditions shall exclude our liability for personal injury or death caused by our negligence (as such term if defined by the Unfair Contract Terms Act 1977) or misrepresentations as to a fundamental matter or any liability which cannot be excluded or limited by English law.
THIRD PARTY WEBSITES
Our website may include links to other websites or material which are beyond our control. We are not responsible for content or availability on the Internet or webpages on any other website outside our website and we do not endorse or make any representations about them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk.
ADVERTISING AND SPONSORSHIP
Part of our website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our website complies with relevant laws and codes.
APPLICABLE LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws Hong Kong and any disputes will be decided only by the Hong Kong courts.
MISCELLANEOUS
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions, which will continue to be valid and enforceable to the fullest extent permitted by law.
No failure or delay by ener8 in exercising any of its rights under these Terms and Conditions shall be deemed to be a waiver of that right and no waiver by ener8 by any breach of these Terms and Conditions shall be considered as a waiver of any subsequent breach of the same or any other provision.
We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our control.
Our website is owned and operated by ener8 limited, a company with it’s registered office in Hong Kong.
Thank you for visiting our website.
For more information, you may also visit our “Privacy Policy“.
Last update: 27 October 2018