Terms and Conditions

TERMS AND CONDITIONS (Effective as of 12 February, 2020)

 

The following terms and conditions (the "Terms and Conditions") govern your use of the websites located at www.arch-education.com and other websites and mobile applications on which ARCH Education, ARCH Academy Limited or one of their affiliates (collectively, “we,” “us,” or “our”) posts these Terms and Conditions (collectively “Site”). BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS (INCLUDING OUR PRIVACY POLICY) AS APPLIED TO YOUR USE OF THE SITE.

You should also read our Privacy Policy, which is incorporated by reference into these Terms and Conditions. If you do not accept and agree to be bound by these Terms and Conditions, including our Privacy Policy, do not use the Site or the products and services offered on the Site. By accessing the Site, you consent to these Terms and Conditions in electronic form. To withdraw this consent, you must cease using the Site and, if applicable, terminate your account. Users under the age of 18 must (a) review these Terms and Conditions with a parent or legal guardian to ensure the parent or legal guardian acknowledges and agrees to these Terms and Conditions, and (b) not access the Site and uninstall any application if his or her parent or legal guardian does not agree to these Terms and Conditions.

 

By enrolling into classes offered by ARCH, the applicant acknowledges and agrees to the school policies as specified below.

 

Enrollment Policy
Enrollment in Term courses may be subject to pre-course assessment to determine applicant’s suitability to enroll in the classes. ARCH reserves the right to refuse the admission of any applicant who, in its opinion, does not meet the minimum requirement for the courses and/or may impact the learning of other students at the center.

ARCH reserves the right to discontinue an applicant’s enrollment at any time due to non-payment of tuition fee, disruptive behavior in class or at the center, or negative impact on other students’ learning.

ARCH reserves the right to change the class instructor for courses as deemed appropriate or necessary. ARCH is not required to provide prior notice for such arrangements.

 

Payment Policy
Tuition fee must be paid prior to the commencement of the class or as requested under the terms of the specific course.

ARCH reserves the right to prevent a student from attending the class if tuition fee has not been paid as requested.

A HK$50 administration fee will be charged for any cheques returned by your bank.

ARCH reserves the right to apply late fees for late payment of tuition fee as follows:

5% penalty charge will apply on outstanding fees after 5 working days of the assigned due date

10% penalty charge will apply on outstanding fees after 10 working days of assigned due date

15% penalty charge will apply on outstanding fees after 15 working days of assigned due date

 

Specific to Private Lessons
Any reservations made within the current month, the student must pay for all lessons within 1 working day after confirmation of the reservation or 48 hours before attending the class (whichever occurs first).

Any reservations made for upcoming month, the student must pay for all lessons within 3 working days after confirmation of the reservation or 48 hours before attending the class (whichever occurs first).

 

Make-up Class Policy
No make-up classes for Holiday courses or private lessons.

Students must notify ARCH by e-mail of the absence at least one week in advance of the class, unless the student can provide a Doctor’s certificate.

ARCH will not accommodate a make-up class request for notification given on the day or after the scheduled class, without a Doctor’s certificate.

It is the student’s responsibility to contact ARCH to schedule a make-up class.

We offer three make-up classes per term.  However, we may not be able to guarantee alternative timeslots or available timeslots that will fit the student’s schedule.

The student will only be able to join a make-up class in the same week and at the same level of the missed class.

Make-up classes cannot be carried forward to another week.

No refund or additional make-up classes will be offered if the student is unable to attend any scheduled / proposed make-up classes.

Materials from the missed class will be distributed to the student if the student is unable to attend a make-up class.

Missed / Make-up classes are non-refundable and non-transferable between students or courses.

 

Rescheduling / Shortening / Cancellation Policy
Rescheduling, shortening or cancellation of confirmed private lessons is granted only if the request is made 48 hours prior the scheduled lesson, otherwise ARCH has discretion to charge for the lesson.

The rescheduled private lesson must be within the 6 days from the date of the original lesson.

All paid and confirmed private lessons are non-refundable and non-transferable between students or subjects.

 

Course Withdrawal Policy
Students must provide ARCH with at least one month’s prior notice in writing (email, fax or letter) if the student wants to withdraw from any courses.

Without proper notification, ARCH will not accept the student’s withdrawal from the course and the student must pay for the following month’s tuition fee.

Paid classes are non-refundable and non-transferable between students or courses.

 

Refund Policy
In the case of ARCH closure prior to the commencement of a course, we will refund in full the outstanding tuition fee to the student.

There is no refund for courses and private lessons.  However, in the event that a confirmed course needs to be canceled by ARCH or a course which has commenced ceases to continue, and the student declines the revised arrangements offered by ARCH, then ARCH will refund in full or on a pro-rata basis the tuition fee collected no later than one month after the notification date of the cancellation.

Refunds will be by cheque only.

With regards to refund procedure:

We will inform the student of refund arrangements in writing (e-mail, fax or letter).

We will issue a refund receipt which the student is required to sign to acknowledge receipt of the refunded amount.

 

Adverse Weather Conditions Policy
Morning classes will be cancelled if Black Rain Warning / Typhoon Signal No. 8 or above is hoisted within two hours of the scheduled start time.

All afternoon classes will be cancelled if Black Rain Warning / Typhoon Signal No. 8 or above is hoisted at 2pm.

There will be no make-up classes, rescheduling or refund for any cancelled / dismissed classes resulting from adverse weather conditions.

 

Students’ Responsibilities
The student agrees:
not to reproduce, distribute or show to any other person, in whole or in part, any of the class materials, lesson notes, assessments and tests distributed by ARCH without the prior written consent of ARCH;

not to solicit or make private arrangements for tuition with instructors/tutors employed/contracted by ARCH, without prior consent of ARCH;

to arrange appropriate transportation or pick-up for the student to and from ARCH premises.  ARCH does not require students to sign-out or notify us when they are leaving the premises;

to check emails regularly for notifications from ARCH; and

to attend all lessons of their enrolled courses in order to gain the most benefit from the courses.

 

Liability
ARCH shall not be liable for any loss, expense, damage, delay, costs or compensation, whether direct, indirect or consequential, which may be suffered or incurred by the student arising from or in any way connected with classes at ARCH.

ARCH shall not be held responsible for personal injuries, accidents, losses and damages incurred by the student while at the ARCH premises or any other places where classes are being held.

 

Privacy
ARCH reserves the right to use the student’s work for promotional or educational purposes, without prior consent obtained from the said student.

Photographs and videos may be taken occasionally during the class time.  Students and participants agree to be photographed or taped.  ARCH reserves all rights to images and footages, without prior consent obtained from the said students/participants.

 

Intellectual Property
ARCH reserves all rights and interests in any intellectual property (i.e. drilling/mock exam papers) arising as a result of any lessons, courses or other tuition provided or any purpose associated with ARCH.

 

Law
This legal notice shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region (Hong Kong SAR).
Disputes arising in conjunction with this legal notice shall be subject to the exclusive jurisdiction of the Hong Kong SAR courts.

 

Enforceability

If any part of these conditions is held to be illegal, invalid or unenforceable in any respect such invalidity, illegality or unenforceability shall not prejudice the effect of the rest of these Terms and Conditions to the extent that they are valid, legal and enforceable.

 

I have read and agreed to the terms of ARCH Personal Data Collection statement and permit ARCH and any of its related companies or subsidiaries to store, maintain, process and use this information in accordance with this collection statement, as amended from time to time, for various purposes.

 

General Terms of Use for Online Lessons

 

1. PROPRIETARY RIGHTS.
As between you and us, we own, solely and exclusively, all rights, title and interests in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video and copy), patent, copyright, software, code, data, and the look and feel, design and organization of the Site, and all materials and content related to our programs even if the materials or content are not accessed through the Site. Your use of the Site does not grant to you ownership of any content, software, code, data or materials you may access on the Site. All rights not expressly granted herein, are reserved by us. [Our name, logo, and all related names, logos, product and service names and designs are our trademarks. You may not use such marks without our prior written permission.]

 

2. LIMITED LICENSE.
You may access and view the content on the Site on your computer or other internet compatible device, and make single copies or prints of the content on the Site for your personal, non-commercial use only. To the extent you need to download software or documentation to use the products or services on the Site, we grant you a non-exclusive, non-assignable, non-transferable, revocable license to use such materials solely to utilize such products or services . Such license will terminate when you no longer use the products or services. The Site and the products and services offered on or through the Site, including any content and materials on the Site, are only for your personal, non-commercial use.

We reserve the right to vary or withdraw any of the products or services offered on the Site and change or make corrections to the operation of, or any information available on, the Site at any time and without prior notice. For our mobile applications, we grant you a non-exclusive, non-transferable, worldwide, and perpetual license to perform, display, and use the mobile application for your personal, non-commercial use only.

 

3. SUBMITTED MATERIALS.
(a) Any ideas, suggestions, survey responses, or testimonials that you submit to us or information you submit or post to our chat rooms, message boards, and/or our blogs ("Submitted Materials") will be deemed not to be confidential and may be used by us for any purpose. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to display, use, reproduce, copy, incorporate, modify, create derivative works of, transfer and distribute such material (in whole or part). We are not responsible for maintaining any Submitted Material that you provide to us and we may delete or destroy any such Submitted Material at any time.

(b) For any academic source materials such as textbooks and workbooks which you submit to us in connection with our online tutoring services, you represent and warrant that you are entitled to upload such materials under the “fair use” doctrine of copyright law. In addition, if you request that our system display a representation of a page or problem from a textbook or workbook, you represent and warrant that you are in proper legal possession of such textbook or workbook and that your instruction to our system to display a page or problem from your textbook or workbook is made for the sole purpose of facilitating your tutoring session, as “fair use” under copyright law.

(c) You agree that we may record all or any part of any live online classes and tutoring sessions (including voice chat communications and videos) for quality control and other purposes. You agree that we own all transcripts and recordings of such classes and sessions, and you hereby irrevocably assign to us all rights in all such transcripts and recordings.

 

4. CERTAIN OBLIGATIONS AND PROHIBITIONS.
(a) Any commercial distribution, publishing or exploitation of the Site, or any content, software, code, data or materials on the Site, is strictly prohibited. Except as expressly permitted by these Terms and Conditions or by law, you may not download, store, display, copy, reproduce, distribute, modify, perform, transfer, transmit, create derivative works from, rent, lease, sell or otherwise exploit any content, software, code, data or materials on the Site or any materials or content related to our programs even if the materials or content are not accessed through the Site. If you improperly use the Site, we may aggressively enforce our intellectual property and other rights to the fullest extent of the law, including the seeking of criminal prosecution.

(b) We may investigate and/or terminate your account if you misuse the Site or behave in any way that we regard as inappropriate or unlawful. You agree that, while using the Site and the various products, services and features offered on or through the Site, you will not: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) insert your own or a third party's advertising, branding or other promotional content into any of the Site's content, materials or services; or (iii) gain or attempt to gain unauthorized access to other computer systems through the Site.

(c) You agree to not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any products, services, or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the products or services offered on or through the Site, including but not limited to any information residing on any server or database connected to the Site or any products or services offered on or through the Site; (ii) use the Site or the products or services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such products or services, including but not limited to sending mass unsolicited messages or "flooding" servers with requests; or (iii) use the Site or the Site's products or services in violation of any applicable law or the legal rights of any third party.

(d) You agree that you will not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site's products or services, or any content thereof, or make unauthorized use thereof.

(e) You agree that you will not upload, post, transmit, distribute or otherwise publish through the Site or any product, service, or feature made available on or through the Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Site or the Site's products or services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, defamatory, malicious, obscene, vulgar, offensive, profane, sexually explicit or indecent, (iii) violate any local, state, national or international law, (iv) violate, plagiarize or infringe any patent, copyright, trade secret, trademark or other intellectual property, privacy, publicity, or other rights of third parties, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You alone are responsible for the content and consequences of any of your activities, both on and off the Site.

(f) You agree that you will treat our online tutors and instructors with respect and not use obscenities in the online classroom, lie about false emergencies, make threats or discuss personal matters or matters other than those related to the subject for which you seek help. You agree that you will not disclose any information to your online tutor or instructor that could be considered personally identifiable information, such as your full name, address, telephone number, email address, social security number, or any other information that could be used to identify or locate you. Similarly, you agree that you will not solicit any such information from any online tutor or instructor and agree that if any online tutor or instructor ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us by phone and in writing. You agree not to use the Site or the products, services, and information offered on the Site to recruit, solicit, or contact in any form tutors or instructors for employment or contracting for a business not affiliated with us without our advance written permission.

(g) If you use, or assist another person in using, our online tutoring services in any unauthorized way, you agree that you will pay us additional costs for any time we spend to investigate and correct such use, plus any third party costs of investigation we incur. You further agree that you will not dispute such costs and that we retain the right to collect any additional actual costs. You agree and undertake to make immediate full payment to us when we demand for payment of such costs.

 

5. RIGHT TO MONITOR AND EDITORIAL CONTROL.
We reserve the right, but do not have an obligation, to (a) monitor and/or review all materials posted to the Site or through the Site's products, services, or features or (b) refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable, violate these Terms and Conditions, or violate applicable law. We may also in our sole discretion impose limits on certain features of the forums or the Site or restrict your access to part or all of the forums or the Site without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, these Terms and Conditions or applicable law, or for any other reason without notice or liability to you.

 

6. PRIVATE OR SENSITIVE INFORMATION ON PUBLIC FORUMS.
We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site (collectively “Public Forums”). You acknowledge that comments submitted to  Public Forums may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them at the time of submission or in the future. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our Public Forums.

 

7. COPYRIGHT.
If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide to us at info@arch-education.com the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the website (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
  • your address, telephone number and email address;
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notice of claims of copyright infringement should be provided to us at info@arch-education.com.

We may terminate the accounts of any infringers.

 

8. LINKS.
(a) You may be able to link from the Site to third party websites and third party websites may link to the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through Linked Sites, even if they are owned or run by our affiliates. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

(b) You agree that if you include a link from any other website to the Site, such link will open in a new browser window and will link to the full version of an HTML formatted page of this Site. You are not permitted to link directly to any image hosted on the Site or our products or services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on the Site on another website, for any purpose, including but not limited to posting such images on another site. You agree not to link from any other website to the Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other website at any time upon written notice to you.

 

9. INDEMNIFICATION.
You agree to defend, indemnify and hold us and our directors, officers, employees, consultants, advisers and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from any content or other material you place on the Site or submit to us, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

 

10. PRODUCTS AND SERVICES.
(a) Our Student Enrollment Agreement Terms and Conditions (http://www.arch-education.com/terms-and-conditions) set forth additional terms applicable to certain products and services you may purchase on the Site.

(b) You are solely responsible for all computer hardware, software, network connections, telecommunication links and other equipment and all fees for services (such as internet service and wireless services) required for access and use of our on-line products and services.

(c) To use products and services delivered on or through the Site, you will need to register on the Site, pay any applicable fees, and create an account, username and password. You agree to provide accurate information about yourself. We will process the information we receive from you in accordance with our Privacy Policy.  You consent to the use by us of such information in accordance with our Privacy Policy. If we believe that such information is inaccurate, we reserve the right to suspend or terminate your account and refuse any and all use of our products or services. You are responsible for maintaining the confidentiality of your account information and for all activities and liabilities associated with or occurring under your account. You must notify us immediately of any unauthorized use of your account or username. You may not transfer your account (including your username or password) to another person and you may not use anyone else's account at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the products and services; and (iii) the consequences of any misuse. In the event that you permit a minor to use your account, we reserve the right to provide access to your account and all information contained therein to such minor's parents, guardians or other authorized adults, including, but not limited to, authorized school representatives. You may not use any means to circumvent our access, registration, or payment systems. You may not continue to use the Site or any products or services available on the Site after we have terminated or suspended your access to the Site or the products or services on the Site.

 

11. AVAILABILITY OF THE SITE.

You acknowledge that the traffic of data through the Internet may cause delays during the use of the Site. You further acknowledge and accept that the Site will not be available on a continual twenty-four hour basis due to such delays, or delays caused us for upgrading, modification, repairs or maintenance of the Site. Accordingly, you agree not to hold us liable for such delays which are ordinary in the course of Internet use.

 

12. DISCLAIMER OF WARRANTIES.
(a) THE SITE, INCLUDING BUT NOT LIMITED TO ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS AND MATERIALS CONTAINED OR AVAILABLE ON THE SITE, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR COMPATIBILITY WITH YOUR NETWORK, SOFTWARE OR HARDWARE, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED TO THE MAXIMUM EXTENT PERMISSIBLE AT LAW. WE ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

 

13. LIMITATION OF LIABILITY.
(a) WE ARE NOT RESPONSIBLE TO YOU FOR ANY DATA THAT YOU LOSE EITHER (I) AS A RESULT OF ACCESSING THE SITE; OR (II) SUBMITTING INFORMATION OR MATERIALS TO THE SITE OR THE PUBLIC FORUM.  IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU REGULARLY SAVE AND BACK UP (I) ALL DATA WHICH YOU HOLD ON THE DEVICE FROM WHICH YOU ARE ACCESSING THE SITE ; AND (II) ALL DATA THAT YOU ARE INPUTTING WHEN SUBMITTING INFORMATION OR MATERIALS TO THE SITE OR PUBLIC FORUM. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (INCLUDING INSTRUCTORS AND TUTORS) (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR LOSS OR CORRUPTION OF DATA, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THE SITE, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.

(b) IN NO EVENT WILL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THE SITE OR THE PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE, EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR THE PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE IN THE 12 MONTH PERIOD PRECEDING YOUR CLAIM.

 

14. GENERAL.

(a) You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party without our prior written permission.

(b) We may assign, transfer or sub-contract any of its rights or obligations under these Terms and Conditions to any third party at our discretion

(c) No failure or delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy.  Any waiver must be agreed by us in writing.

(d) Each provision in these Terms and Conditions shall be construed separately as between you and us. If any of the provisions is held to be invalid, illegal, unenforceable, or incapable of performance but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.

 

15. APPLICABLE LAWS AND ARBITRATION.
We control and operate the Site from our offices in Hong Kong. We do not represent that materials on the Site are appropriate for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

16. TERMINATION.
We may terminate, change, suspend or discontinue any aspect of the Site or the Site's products or services at any time. We may restrict, suspend or terminate your access to the Site and/or its products or services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.

 

17. CHANGES TO TERMS OF USE.
We reserve the right, at our sole discretion, to modify any portion of these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when posted. Your continued use of the Site and/or the products or services offered on or through the Site after any changes to these Terms and Conditions are posted will be deemed acceptance of those changes.

 

18. COMMUNICATION.
If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the products or services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us.