DIRECT MARKETING DO-IT-YOURSELF ONLINE SERVICES
TERMS AND CONDITIONS
Please read the following terms and conditions before using any of the direct marketing do-it-yourself online services available at this website.
Your using of the direct marketing do-it-yourself on-line services (the “Services”) available at Hongkong Post’s website (the “Site”) is taken as your acceptance of and agreement to be legally bound by these terms and conditions (the “Terms”), which is a legal agreement between you and The Government of the Hong Kong Special Administrative Region as represented by Hongkong Post. If you do not accept the Terms (whether in whole or in part), do not use the Services.
1.FEES AND SERVICES
1.1 Hongkong Post may in its sole discretion change some or all of its Services at any time. The Services serve as a one-stop self-service direct marketing platform to provide design tools, templates, stock photos and so forth for users to send their marketing messages to their intended recipients. In the event Hongkong Post introduces any additional item for the Services, the fee for such additional item is effective from its date of launching. Unless otherwise stated, all fees are quoted in Hong Kong Dollars. The Services currently provided and the corresponding fees are available at the Site at [hyperlink]. You will be regarded as using the Services when you provide any materials using your Account (as defined below) in connection with the Services. You are responsible for paying all fees associated with using the Services.
2.1 In order to use the Services, you shall register at the Site to create an account (the “Account”) with your own account number and password. You are responsible for keeping your account number and password to your Account safe. Hongkong Post accepts no liability whatsoever for improper use, misuse or loss of your account number and/or password to your Account. You undertake to notify Hongkong Post of any unauthorized use of your Account in connection with the Services immediately after you become aware.
3. PROHIBITED USE OF THE SERVICES
- (a) resell, sub-host or otherwise provide the Services to third parties; and
- (b) use the Services or permit the Services to be used in any manner (including, without limitation, transmission, distribution, or storage) for any purpose that is or is likely to be:
- (i) illegal or in violation of any applicable law, regulation or rule;
- (ii) fraudulent or misleading;
- (iii) in violation of any rights of Hongkong Post or of any third party (including, but not limited to any patents, trade marks, service marks, trade names, design rights, copyright, domain names, database rights, rights in know-how, new inventions, designs or processes and other intellectual property rights whether now known or created in future (of whatever nature and wherever arising) and in each case whether registered or unregistered and including applications for the grant of any such rights (the “Intellectual Property Rights“)) or otherwise damaging to Hongkong Post or any third party;
- (iv) obscene, harassing, libellous or distressing;
- (v) disruptive of, harmful to or otherwise abuses or misuses Site resources or the internet; or
- (vi) an unauthorized use, access or monitoring of the Site or other network or any component or device, authentication system, data, website, pass code, account, or otherwise constitutes a breach of any security measure.
- (a) pornography;
- (b) alteration of source of data (causing origination of malformed data or network traffic);
- (c) pyramid or ponzi schemes;
- (d) impersonating, relaying or spoofing a third party’s identity without its permission, using a third party email server to relay without express authorization, or altering or forging email headers, including any portion of the IP packet header and/or email address, sender identity, posting or using any other means to forge, disguise, cause disruption or conceal the user’s identity
- (e) hacking or scamming, i.e., unauthorized use of any Accounts or resources, scamming, stealing or tricking the release of passwords;
- (f) distributing harmful code such as computer viruses, worms and trap doors;
- (g) overloading any shared infrastructure; or
- (h) synchronizing flood or other attacks by sending mass volumes of data or other abusive behavior to disrupt or disable the recipient system.
4. ORDER PROCESSING
4.1 While Hongkong Post shall line up the Suppliers so as to coordinate your order for the Services, and that reasonable endeavors will be taken to ensure that the product ordered by you using the Services will be produced and that the Publicity Materials will be delivered within the agreed time frame, delivery delay may occur. Hongkong Post shall not be liable for any loss, damage or expense suffered or incurred as a result of any delivery delay, be it caused, whether directly or indirectly, by Hongkong Post, the Suppliers or otherwise.
4.2 Notwithstanding any other provisions in the Terms, Hongkong Post has the sole discretion to reject any order without giving any reason. Hongkong Post shall not be liable for any loss including indirect or consequential loss or damage or expense suffered or incurred as a result thereof.
5. NO WITHDRAWAL
5.1 While Hongkong Post is not obliged to accept any orders placed at the Site for using the Services, once, in case the online distribution channel is chosen, your product proposed to be published has been approved by Hongkong Post or, in case direct mail is chosen, payment for the Services is made by you, you shall not withdraw or revoke the order.
- (a) copying the User Materials, including the reproduction of the User Materials in any material form and storage of the User Materials in any medium by electronic means;
- (b) issuing copies of the User Materials to the public;
- (c) making available of copies of the User Materials to the public via the internet or other electronic media;
- (d) performing, playing and showing of the User Materials in public; and
- (e) making an adaptation of the User Materials.
7. ACCESS AND INTERFERENCE
7.1 You undertake that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without the express written permission from Hongkong Post. In addition, you shall not:
(i) take any action that imposes or, considered by Hongkong Post in its sole discretion that may impose, an unreasonable or disproportionately large load on Hongkong Post’s infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for the User Materials) from the Site without the prior written permission of Hongkong Post, the Suppliers and/or any other appropriate third parties as applicable;
(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
(iv) bypass robot exclusion headers of Hongkong Post or other measures which may be used by Hongkong Post for the purpose of preventing or restricting access to the Site.
8.1 Your personal information provided by you in using the Services and from time to time afterwards in connection with these Terms (collectively, the “Personal Data”) will only be used or disclosed by Hongkong Post for the specific purposes for which it is collected or as authorized by law, which includes, without limitation, the investigation of unauthorized attempts to access, alter or delete data, the spreading of viruses and other illegal intrusions for the purpose of maintaining website security by Hongkong Post. This could result in disclosures of your Personal Data to law enforcement agencies.
8.3 An individual to whom the Personal Data belongs has the right of access and correction with respect to personal data as provided for in sections 18 and 22, and Principle 6 of Schedule 1 of the Personal Data (Privacy) Ordinance (Chapter 486 of the laws of Hong Kong). The right of access includes the right to obtain a copy of the Personal Data provided. Enquiries concerning the Personal Data, including the making of access and correction, should be addressed to the addressee of Hongkong Post as set out in clause 14 below.
8.4 You shall indemnify and keep Hongkong Post, its directors, officers, employees, agents and advisers fully and effectively indemnified against all costs, claims, demands, expenses and liabilities of whatsoever nature arising from or incurred by reason of any actions and/or claims made in respect of:
(i) disclosure of information subject to the Personal Data (Privacy) Ordinance (Chapter 486 of the laws of Hong Kong) which action and/or claim would not have arisen but for your negligence or omission or that of any of your employees or agents, in connection with the Services; and
(ii) any act done or omitted by you in the performance of these Terms that contravenes the Unsolicited Electronic Messages Ordinance (Chapter 593 of the laws of Hong Kong).
The indemnity clause in this clause 8.4 shall survive the expiry or termination of these Terms (howsoever occasioned) and shall continue in full force and effect notwithstanding such expiry or termination.
- (a) all information supplied, and statements and representations made by you in your registration for and use of the Services are true, accurate, complete and not misleading;
- (b) you shall comply, and shall ensure every person employed, used or engaged by you in connection with the Services shall comply, with all applicable enactments, laws, ordinances, rules and regulations regarding your use of the Services;
- (c) the performance of these Terms by you does not and will not conflict with or contravene any judicial order or obligations under any contracts with third parties to which you are a party; and these Terms constitute a legal, valid and binding agreement of you, enforceable in accordance with its terms;
- (d) you have the full capacity power and authority to accept and be legally bound by the Terms including without limitation the grant of the licence referred to in clause 6.1 above upon the terms and conditions of the Terms;
- (e) subject to the scenario contemplated under clause 6.3 above and clause 9.4(h) below, the User Materials shall be or shall consist of original works created, developed or made by you;
- (f) the provision of the User Materials by you under the Terms, the use, operation, possession, processing, printing, distribution or otherwise dealing with the User Materials, in respect of which the necessary clearance, consent and/or licence concerning the Intellectual Property Rights therein have been granted or procured and obtained pursuant to clause 6 above, by Hongkong Post, its authorized users, assigns and successors-in-title or any part thereof for any of the purposes contemplated by the Terms do not and will not infringe any Intellectual Property Rights of any person;
- (g) the exercise by Hongkong Post, its authorized users, assigns and successors-in-title of any of the rights granted under the Terms will not infringe any Intellectual Property Rights of any person;
- (h) in respect of any User Materials in respect of which any Intellectual Property Right is vested in a third party:
- (aa) you have procured and obtained or shall have procured and obtained a valid and continuing licence under which you are entitled to sub-license the relevant User Materials and the third party Intellectual Property Rights for yourself and for Hongkong Post, its authorized users, assigns and successors-in-title to use, operate, possess, process, print, distribute or otherwise deal with such User Materials for any of the purposes contemplated by the Terms; or
- (bb) you have procured and obtained the grant of all necessary clearance and consent for yourself and for Hongkong Post, its authorized users, assigns and successors-in-title authorizing the use of the User Materials for any of the purposes contemplated by the Terms; and
- (i) you shall, at your own cost and expense and before the fixation and/or recording of any performance(s) in relation to the User Materials, obtain all the consent and clearance from the performer(s) as may be necessary for such fixation and/or recording of the performance(s) and for any use and exploitation of such fixation or recording, or copies thereof, as contemplated by the Terms. For the purpose of this clause 9.4(i), the terms “performance”, “performer” and “fixation” shall have the same meanings as those assigned to them in section 200 of the Copyright Ordinance (Chapter 528 of the laws of Hong Kong).
- The provisions of this clause 9.4 shall survive the expiry or termination of these Terms (howsoever occasioned) and shall continue in full force and effect notwithstanding such expiry or termination.
10. NO LIABILITY
10.1 IN NO EVENT SHALL HONGKONG POST, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVISERS, SUPPLIERS OR ANY OTHER PARTY FOR WHICH IT MAY BE RESPONSIBLE FOR UNDER LAW, BE LIABLE FOR LOST PROFITS OR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES OR THESE TERMS (HOWEVER ARISING WHETHER BY ANY ACT, OMISSION, DEFAULT OT NEGLIGENCE OF HONGKONG POST OR ANY OF DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVISERS, SUPPLIERS OR OTHERWISE).
11.1 You shall indemnify and keep Hongkong Post, its authorized users, assigns and successors-in-title fully and effectively indemnified against all actions, costs, expenses, claims, demands, damages and expenses (whether direct or indirect and including without limitation the fees and disbursements of lawyers, agents and expert witnesses) and any awards and costs which may be agreed to be paid in settlement of any proceedings (where that settlement has first been proposed or approved in writing by/on behalf of you) and liabilities of whatsoever nature howsoever arising as a result of any allegation, claim, complaint or investigation whatsoever (and including internal costs of staff time) in connection with these Terms including but not limited to the following: (i) the use, operation, possession, processing, printing, distribution or otherwise dealing with any User Materials in respect of which the necessary clearance, consent and/or licence concerning the Intellectual Property Rights therein have been granted or procured and obtained pursuant to clause 6 above; (ii) that any of the said acts referred to in clause 11.1(i) infringe any Intellectual Property Rights of any person; or (iii) the printing of any company name, trading name, brand or trademark as provided by you in using the Services.
11.2 None of Hongkong Post, its directors, officers, employees, agents or advisers shall be liable in any way for or in respect of:
(a) any loss of or damage to any of your property or that of your employees or agents howsoever caused whether by any act, omission, default or negligence of Hongkong Post or any of its directors, officers, employees, agents or advisers or otherwise; or
(b) any injury to or death of any of your employees or agents save and to the extent any such injury or death is caused by the negligence of Hongkong Post or any of its directors, officers, employees, agents or advisers (in which case Hongkong Post will be liable or vicariously liable for any such injury or death). For the purpose of this clause 11.2(b), “negligence” shall have the same meaning given to it in section 2(1) of the Control of Exemption Clauses Ordinance (Chapter 71 of the laws of Hong Kong).
11.3 In addition to and without prejudice to clause 11.1 and clause 11.2 above, you shall indemnify and keep indemnified Hongkong Post from and against:
(a) all and any demands, claims, actions, arbitrations and proceedings threatened, brought or instituted against Hongkong Post; and
(b) all liabilities and indebtedness (including without limitation liabilities to pay damages or compensation), losses, damages, costs and expenses incurred or suffered by Hongkong Post (including all legal and other costs, charges, and expenses, on a full indemnity basis, which Hongkong Post may pay or incur in initiating, defending, counter-claiming, settling or compromising any action or proceeding by or against Hongkong Post),
which in any case arise directly or indirectly from, or in connection with, or out of, or which relate in any way to:
11.3.1 a breach of any provision of these Terms by you;
11.3.2 any representation, warranty or undertaking given by you which is incorrect, inaccurate, incomplete or misleading;
11.3.3 the negligence, recklessness, or wilful misconduct of you or of any of your employees or agents in connection with the use of the Services;
11.3.4 any loss, damage, injury or death referred to in clause 11.2(b) above save and except injury or death caused by the negligence (as the term is defined under section 2(1) of the Control of Exemption Clauses Ordinance (Chapter 71 of the laws of Hong Kong)) of Hongkong Post or any of its directors, officers, employees, agents or advisers; or
11.3.5 any injury or death of any third party, or any loss of or damage to property sustained by any third party, in consequence of any act, omission, default or negligence of you or any of your employees or agents.
The provisions of this clause 11 shall survive the expiry or termination of these Terms (howsoever occasioned) and shall continue in full force and effect notwithstanding such expiry or termination.
12.1 Without limiting any rights or remedies available to Hongkong Post under the Terms or in law or in equity and without prejudice to clause 12.5 below, Hongkong Post shall be entitled to terminate the Terms immediately and without any compensation to you:
(a) if you breach any provision of the Terms;
(b) if Hongkong Post believes your actions may cause legal liability for you or Hongkong Post, its directors, officers, employees, agents or advisers; or
(c) if you fail to settle any payment in connection with the Services before the date notified by Hongkong Post.
12.2 If the Terms are terminated:
(i) Hongkong Post shall cease to be under any obligation to provide any Services to you;
(ii) your Account will be terminated forthwith;
(iii) the licence granted by you under clause 6.1 and the licence procured and obtained by you under clause 6.3 above are deemed to have been revoked; and
(iv) Hongkong Post shall not be responsible for any loss including indirect or consequential loss or damage or expense suffered or incurred by you due to the termination of the Terms.
12.3 The rights of Hongkong Post hereinabove are in addition to and without prejudice to any other rights Hongkong Post may have whether in relation to you directly or pursuant to any indemnity, and without prejudice to the continued existence and validity of those provisions which are expressed to or which in their context appropriately survive termination and any provisions of these Terms necessary for the interpretation or enforcement of the Terms, including without limitation clauses 8.4, 9.4 and 11.
12.4 If the ground of termination falls under clause 12.1 above, you shall be liable for all cost and expense incurred by Hongkong Post as a result of termination of the Terms.
12.5 Notwithstanding anything herein to the contrary, Hongkong Post has the sole and absolute discretion and without cause to terminate the Terms at any time by one month’s prior written notice to you.
13. NO AGENCY
13.1 You shall not represent yourself as an employee, servant, agent or partner of Hongkong Post. Nothing in these Terms or in the arrangements contemplated by it shall intend or create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Hongkong Post and, save as expressly provided in these Terms, neither you nor Hongkong Post shall enter into or have authority to enter into any engagement or make any representation or warranty on behalf of, or pledge the credit of or otherwise bind or oblige the other party hereto.
14.1 Any notice given or made under these Terms shall be in writing and shall be delivered, in the case to Hongkong Post, by registered mail to Hongkong Post, 21/F ING Tower, 308-320 Des Voeux Road Central, Sheung Wan, Hong Kong or, in the case to you, to the email address you provide during the registration process for the Services, or to such other address (in the case of Hongkong Post) or email address (in the case of you) as the addressee has by five days’ prior written notice specified to the other party. Notice shall be deemed to have been duly given, in case of registered mail, two working days after the date of posting, and in case of email, 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
15.1 Hongkong Post does not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Site may be interfered with by numerous factors outside of Hongkong Post’s control.
15.2 If any provision of these Terms is held to be illegal, invalid or unenforceable in any respect, such illegality, invalidity or unenforceability shall not affect the other provisions of these Terms all of which shall remain in full force and effect.
15.3 You agree that these Terms and all incorporated terms and conditions may be automatically assigned by Hongkong Post in its sole discretion and without your consent. You shall not assign, transfer, sub-contract, license, dispose of or otherwise deal with any of your interests, benefits, rights or obligations under these Terms, or purport to do so, without the prior written consent of Hongkong Post.
15.4 Headings are used in these Terms for ease of reference only and in no way define, limit, construe or describe the scope or extent of such section.
15.5 No failure or delay by Hongkong Post to exercise any right, power or remedy available to it under these Terms, at law or in equity shall operate as a waiver thereof; nor shall any single or partial or defective exercise of the same preclude any other or further exercise thereof or the exercise of any other right, power or remedy; and the rights and remedies of Hongkong Post herein contained shall be cumulative and not exclusive of any other rights, power or remedies provided by law or in equity. Without limiting the foregoing, no waiver by Hongkong Post of any breach by you of any provision hereof shall be valid unless made in writing, and no such waiver shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof.
15.6 These Terms set forth the entire understanding and agreement between you and Hongkong Post with respect to the subject matter hereof, and supersedes any previous agreements or arrangements between you and Hongkong Post relating to the subject matter hereof.
15.7 Any agreement, consent or approval to be given by Hongkong Post hereunder may be given or withheld in its discretion and subject to any conditions as Hongkong Post may consider appropriate. Such agreement, consent or approval must be given before the act or matter or thing for which it is required. For the avoidance of doubt, you shall not have any claim against Hongkong Post in relation to the giving of or failure to give any such agreement, consent or approval or any other directions, opinions, advice, suggestions, comments or views.
16. GOVERNING LAW AND JURISDICTION
16.1 These Terms shall be governed in all respects by the laws of Hong Kong Special Administrative Region of the People’s Republic of China. You and Hongkong Post irrevocably submit to the exclusive jurisdiction of the Hong Kong courts
17.1 In the event of any inconsistency between the English version and the Chinese version of these Terms, the English version shall prevail.