1.1 Capitalised terms used in these Terms shall have the following meanings:
“Intellectual Property Rights” means any trademarks, service marks, logos, trade names, corporate names, Internet domain names, patents, registered designs, copyrights, database rights, rights in designs, inventions, semiconductor topography rights, know-how, trade secrets or any similar right exercisable in any part of the world, whether registered or not, and including any applications for the registration of any such rights.
“Loss” or “Losses” means losses, damages, liabilities, judgments, awards, fines, penalties, sanctions, settlements, claims, demands, actions, costs and expenses of whatsoever nature (including, without limitation, attorney/legal fees for both internal and external counsel; costs related to investigation, arbitration, litigation or settlement; loss of profit; loss of revenue; loss of business; loss of data; loss of opportunity; business interruption; and loss of goodwill).
“Personal data” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Terms” means these terms and conditions for use of the Website.
“Website Content” means any data, material or information, in any format whatsoever, including (without limitation) any data files, text, computer software, images, graphics, photos, video clips, sound, audio files, directories or databases, that are made available on or through the Website.
“you” or “your” means you, the person or entity who is accessing or viewing the Website.
“we”, “us” or “our” means Fleet Management Limited and each of its affiliates, subsidiaries and parent companies.
By using the website you acknowledge that you have read and understood these Terms, that you agree to be bound by all of its provisions and that you have also automatically agreed to have irrevocably waived any complaint, claim or demand whatsoever against us with respect to any liability arising from or connected in any way with the use of this website.
3.1 We may amend the Terms from time to time in our sole discretion without any notice or liability to you. Without prejudice to the foregoing, the latest version of the Terms shall be posted on the Website. By continuing to use the Website after such amended Terms have been posted on the Website, you agree to be bound by such amendments.
4.1 We may, in our sole discretion and at any time, without notice to you, add to, amend, remove, alter, suspend or terminate the Website or Website Content. Any use of the website by the user after such amendment shall be deemed to constitute acceptance by the user of such amendments or modifications.
5.1 You agree that:
you will not use the Website or Website Content in any way that is unlawful and/or breaches any applicable laws, regulations, codes, guidelines or orders;
you agree not to use the Website or Website Content in anyway that contravenes or infringes upon any of our rights or any third party’s rights (including Intellectual Property Rights); or
you will not use the Website or Website Content to send, communicate or engage in any harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene or menacing behaviour, or behaviour that causes annoyance, inconvenience, needless anxiety or is intended to deceive.
you will not modify, copy, reproduce, download, re-publish, sell or distribute any part of (or create derivative works) based on any part of the Website or Website Content;
you will not use of the Website or any Website Content for any purpose not expressly permitted in these Terms; and
you shall not take any action or allow any third party to take any action that would interfere with or disrupt the Website, or the servers and networks through which the Website is operated, or which would enable you, or any third party, to gain unauthorised access to, or to tamper with or use any of our computer systems or networks.
6.1 The Website Content is provided for your general reference only, and is not intended to amount to any advice, representations or warranties on which you should rely. It is your responsibility to exercise your own judgment and to obtain professional or specialist advice before taking or refraining from taking any action based on the Website Content.
6.2 You expressly understand and agree that your use of the website is at your sole risk and that the website is provided “as is” and “as available”.
6.3 To the fullest extent permitted by applicable law, we expressly disclaim all conditions and warranties of any kind, whether express or implied, in relation to the website or website content, including (without limitation) any implied warranties as to merchantability or quality.
6.4 Without prejudice to the generality of clause 6.1 above, we make no representations or warranties:
as to the accuracy, completeness, correctness, adequacy, quality, reliability or validity of any of the website content or any other information or material provided on or through the website;
that the website and website content will meet your requirements, or are free of any defects, errors, omissions, viruses or anything which may change, erase, add to or damage your software, network, hardware or data;
that your use of the website will be uninterrupted, timely, secure or error-free; or
that any defects or errors in the operation or functionality of the website will be corrected.
6.5 Any materials, including website content, downloaded or otherwise obtained or accessed through the website is at your sole risk and discretion, and you shall be solely responsible for any damage to your computer system or other devices or loss of data that results from such.
7.1 Nothing in this Clause 7 or Clause 6 above, shall exclude or limit any warranty or liability that may not be lawfully excluded or limited under applicable law. Our liability will be limited to the maximum extent permitted by applicable law.
7.2 We shall not be liable to you in contract, tort or otherwise for any losses whatsoever (including, without limitation, any special, indirect, direct, punitive, incidental or consequential losses) which may arise in relation to the website or the website content, irrespective of whether or not we were advised of or should have been aware of the possibility of such losses in advance.
8.1 You hereby agree to indemnify, defend and hold us harmless, and each of our partners, officers, directors, agents, affiliates, and licensors, from and against all Losses that may arise directly or indirectly out of or in connection with:
any breach or non-compliance by you of any of these Terms;
your use of the Website or Website Content;
any violation, trespass, contravention, breach or infringement of our or any third party’s Intellectual Property Rights caused by you, or your employees, agents or affiliates; or
any breach by you of the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486), The General Data Protection Regulation (EU) 2016/679 (GDPR) and/or any other applicable data protection laws.
9.2 Any contact information made available on the Website, may only be used for the purposes of contacting us in order to making an enquiry about the Website, the Website Content or the services that we provide.
9.3 You may not disclose, distribute, use, copy or compile any Personal Data or contact information made available on the Website for marketing purposes or for any other purpose not expressly permitted by these Terms, unless you receive our express prior consent to do so.
10.1 You acknowledge and agree that we (or our licensors), own all legal rights, titles and interest, including any Intellectual Property Rights, in and to the Website and the Website Content.
10.2 Nothing in these Terms shall give you a right to use any of our (or our licensors) trade names, trademarks, service marks, logos, copyright, domain names or any other Intellectual Property Rights.
10.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Website or Website Content.
11.1 The Website may include hyperlinks to other websites, content or resources, which are hosted, offered or provided by unrelated third parties or our affiliates. You understand and agree that:
such third party websites are subject to their own terms and conditions;
we have no control over and do not monitor such websites, content, or resources; and
we make no guarantee, representations or warranties in relation to, and are not responsible for, any such external sites, or the content or resources contained or referred to in them.
12.1 Governing Law and Jurisdiction
These Terms are governed by the laws of Hong Kong and are subject to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
12.2 Force Majeure
Without prejudice to the generality of Clauses 6 and 7 above, under no circumstances shall we be liable for any delay or failure or disruption in relation to the Website or Website Content resulting directly or indirectly from anything beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, labour disputes, war, riots, civil disturbances, shortages of labour or materials, fires, flood, typhoons, earthquakes, explosions, acts of God, actions or orders issued by governmental or regulatory authorities or any courts or tribunal with applicable jurisdiction, or non-performance of third parties.
If any of these Terms are held invalid, illegal or unenforceable by any court or tribunal of competent jurisdiction, it will be severed and the remaining terms will continue in full force and effect as if these Terms had been made without the invalid, illegal or unenforceable terms. Each clause and sub-clause herein shall be treated as a separate and independent provision, and the unenforceability of any one clause shall in not impair the enforceability of any of the other clauses in these Terms.
12.4 Entire Agreement
These Terms contain the entire agreement between you and us and replaces all previous written or oral agreements in relation to the Website and Website Content.
A failure or delay by us to exercise any right or act upon a breach under these Terms will not be a waiver of that right or breach. Any waiver by us of any of our rights or of a breach of these Terms must be in writing, and such waiver is limited to that particular right or breach stated therein.
You may not transfer any of your rights or obligations under these Terms without our written consent. We may transfer our rights or obligations or both to any person or entity, including any of our affiliates, without your consent.
These Terms are drafted in the English language. If these Terms are translated into any other language, the English language version shall prevail.