會員條例及細則 / Terms and agreement

www.hlc.com.hk Membership Agreement

This is a legal agreement between you ("Member") and the owner and operator of www.hlc.com.hk ("KL Home Care") with regard to your membership of KL Home Care. Please read this agreement carefully before submitting your registration. By usage of any part of this system, site, or materials, you agree to the terms and conditions set forth in this agreement. Once you become a member of KL Home Care, you are bound by the terms and conditions of this agreement. If you do not agree to this agreement, please do not register and use KL Home Care's Service ("Service").

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS

The Service is provided to Member under the terms and conditions of this agreement and any operating rules or policies that may be published by KL Home Care. This agreement comprises the entire agreement between Member and KL Home Care and supersedes all prior agreements between the parties regarding the subject matter contained herein.

By completing the registration process and clicking the "提交" button, you are indicating your agreement to be bound by all of the terms and conditions of this agreement.

Member may use the service provided by affiliated sites of KL Home Care by using the membership of KL Home Care. By using the service provided by any affiliated site of KL Home Care, member agree to be bound by all of the terms and conditions set forth in the membership agreement of that affiliated site.

2. DESCRIPTION OF SERVICE

KL Home Care is providing Member with a variety of services via the World Wide Web and on KL Home Care's own system. Member must: (1)provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2)provide for own access to the World Wide Web and pay any telephone service fees associated with such access.

In consideration for the Service, Member agrees to: (1) provide certain current, complete, and accurate information about Member upon registration and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data").

Member grants KL Home Care the right to disclose to third parties certain Registration Data about Member and Service membership in the aggregate. However, such disclosures will exclude Member's name, mailing address, email address, account and phone number, unless: (1) Member expressly directs KL Home Care, or any other person Member may specifically designate to disclose such information through the Service as provided by the Service or (2) KL Home Care is required to disclose such information by any applicable law or legal process served on KL Home Care.

If any information provided by Member is inaccurate, KL Home Care retains the right to terminate Member's membership and rights to use the Service.

3. MODIFICATIONS TO TERMS OF SERVICE

KL Home Care may change the terms and conditions of this agreement from time to time. Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of this agreement and its modifications; and (2) agreement by Member to abide and be bound by this agreement and its modifications.

4. MODIFICATIONS TO SERVICE

KL Home Care reserves the right to modify or discontinue any or all of the Service with or without notice to Member. KL Home Care shall not be liable to Member or any third party should KL Home Care exercise its right to modify or discontinue the Service.

5. PRIVACY POLICY

HLIt is KL Home Care's policy to respect the privacy of its Members. Therefore, in addition to the privacy of registration data as discussed in Section 2 above, KL Home Care will not monitor, edit, or disclose the contents of a Member's private communications through the Service unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the order of the law or comply with legal process served on KL Home Care; (2) protect and defend the rights or property of KL Home Care; or (3) act under exigent circumstances to protect the personal safety of its members or the public.

Member acknowledges and agrees that KL Home Care neither endorses the contents published by any Member through using the Service nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.

6. MEMBER I.D., PASSWORD, AND SECURITY

Once you become a member of the Service, you shall receive a Member Login Name and a password for your account. You are entirely responsible if you do not maintain the confidentiality of your Login Name, password and any other information of your account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time by following instructions.

Member agrees to immediately notify KL Home Care of any unauthorized use of Member's account or any other breach of security known to Member.

7. DISCLAIMER OF WARRANTIES

Member expressly agrees that use of the service is at member's sole risk. The service is provided on an "as is" and "as available" basis.

KL Home Care expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

KL Home Care makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free; nor does KL Home Care make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected.

Member understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at member's own discretion and risk and that member will be solely responsible for any damage to member's computer system or loss of data that results from the download of such material and/or data.

KL Home Care makes no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service.

No advice or information, whether oral or written, obtained by member from KL Home Care or through the service shall create any warranty not expressly made herein.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

8. LIMITATION OF LIABILITY

KL Home Care shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchase or obtained or messages received or transactions entered into through the service or resulting from unauthorized access to or alteration of member's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if KL Home Care 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 you.

9. NO RESALE OR COMMERCIAL USE OF THE SERVICE

Member's right to use the Service is personal to Member. Member may only be an individual. Member may not be a corporation or other business entity. Member agrees not to resell or make any commercial use of the Service, without the express consent of KL Home Care.

10. MEMBER CONDUCT

Member is solely responsible for the contents of his or her transmissions through the Service.

Member's use of the Service is subject to all applicable local, state, national and international laws and regulations.

Member agrees: (1) to comply with HK law regarding the transmission of technical data exported from HK through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.

The Service makes use of the Internet to send and receive certain messages; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.

Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.

Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.

KL Home Care may, at its sole discretion, immediately terminate the Service should Member's conduct fail to conform to these terms and conditions of this agreement.

11. INDEMNIFICATION

Member agrees to indemnify and hold KL Home Care, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of this agreement by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.

12. TERMINATION

Either Member or KL Home Care may terminate the Service with or without cause at any time and effective immediately. Member's Termination shall be accompanied by a written notice to KL Home Care. KL Home Care shall not be liable to Member or any third party for termination of Service.

Should Member object to any terms and conditions of this agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify KL Home Care of termination.

Upon termination of the Service, Member's right to use the Service immediately ceases.

KL Home Care retains the right, at KL Home Care's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of this agreement and may terminate the Service if a Member's conduct is found to be inconsistent with this agreement.

13. NOTICE

All notices to a party shall be in writing and shall be made either via email or conventional mail. KL Home Care may publish notices or messages through the Service to inform Member of changes to this agreement, the Service, or other matters of importance; such publication shall constitute notice to Member.

14. PARTICIPATION IN PROMOTIONS OF ADVERTISERS

Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. KL Home Care assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

15. PROPRIETARY RIGHTS TO CONTENT

Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service ("Content") by KL Home Care or KL Home Care's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.

16. LAWS

These terms and conditions and the relationship between KL Home Care and each member are governed by Hong Kong law. By using the programme each member submits to the non-exclusive jurisdiction of the Hong Kong courts.

If this English version of the terms and conditions does not conform to other language versions, the English version shall prevail. In case of dispute, KL Home Care reserves the right to final decision.

此乃一份閣下("會員")與 www.hlc.com.hk("KL Home Care")持有人和經營者之合法協議,是關於閣下在 KL Home Care 的會員資格。請在遞交登記申請前,小心閱讀這份協議。如使用本系統之任何部份、連結、和物料,閣下須接受這份協議內之細則及條款。當閣下成為 KL Home Care 之會員,將受協議內之細則及條款所約束。如你不接受這份協議,請不要登記及使用 KL Home Care 之服務("服務")。

1. 同意接受條款

KL Home Care 按照條款的規定,為您提供這項服務。這份協議包含所有會員與 KL Home Care 之所有協議並取代舊有的條款。

如完成登記程序及按“接受並遞交”之按鈕,即表示閣下將受協議內之細則及條款所約束。

會員可透過 KL Home Care 聯營的連結使用服務。如透過 KL Home Care 聯營的連結使用服務,會員將受KL Home Care聯營連結的協議內之細則及條款所約束。

2. 服務說明

KL Home Care 透過互聯網和 KL Home Care 之系統為會員提供不同服務。會員必須提供進入服務所需之一切必要裝備:(1)提供所有設備,包括電腦和數據機,建立與互聯網之連結;(2)負責互聯網之進入及進入互聯網的電話費。

為了能使用本服務,閣下同意:在登記時提供最新、完整及精確的資料,及(2) 維持最新「登記資料」,確保其為最新、完整及精確。所有在原本登記時所提供的資料,簡稱為登記資料("登記資料")。

會員允許 KL Home Care 透露部份登記資料給第三方。但並不包括會員姓名、地址、電郵地址、帳號及電話號碼,除非:會員直接表明給 KL Home Care,或透過其他會員指明由本服務透露以上資料;或(2)任何法律或法定程序要求 KL Home Care 透露以上資料。

若您提供任何不正確資料,KL Home Care 有權終止閣下的會員資格並拒絕閣下使用本服務。

3. 修訂服務條款

KL Home Care 會不時修訂條款。如會員繼續使用本服務,將構成肯定:(1)會員收到這份協議及修訂;及(2)會員同意遵守和受協議及修訂所約束。

4. 修訂服務

KL Home Care 保留更改或終止部份或全部之服務而無需通知會員。

5. 隱私權政策

尊重會員的私隱是 KL Home Care 的政策,所以,除了在登記資料的第二部份所提及的隱私權,KL Home Care 不會在本服務更改或透露會員的私人資料,除非法律有此要求或在最高忠誠的信義下,此行動是必要的:(1)遵從法律之規定或法例程序;(2)保障 KL Home Care 之權益;或(3)在緊急的情況下,須保護個人或公眾的安全。

會員同意 KL Home Care 既不認同會員在使用服務時公佈內容,也不承擔含有威脅的、誹謗的、猥褻的、滋擾的或攻擊性的事情,任何違反第三者的知識產權。

6. 會員帳號、密碼及安全

完成登記成為會員的程序後,閣下將收到一個密碼及帳號。維持密碼及帳號的機密安全,是閣下的責任。利用該密碼及帳號所進行的一切行動,閣下將負完全的責任。會員可根據指示,隨時更改密碼。

會員同意如發現密碼或帳號遭到未獲授權的使用,或者其他任何安全問題發生時,將立即通知 KL Home Care。

7. 免責聲明

會員明確了解並同意使用本服務之風險由會員個人負擔。本服務依「認同」及「認同可行性」之基礎提供。

KL Home Care 明示不提供任何明示或默示的擔保,包含但不限於商業適售性、特定目的之適用性及未侵害第三方的權利。

KL Home Care 不保証以下事項:(i)本服務將符合您的要求,(ii)本服務不受干擾、及時提供、安全可靠或免於出錯,(iii)由本服務之使用而取得之結果為正確或可靠,(iv)您經由本服務獲得的資訊或其他資料將符合您的期望,且(v)「軟件」中任何錯誤都將得到更正。

會員明白經由本服務之使用下載或取得任何資料應由閣下自負風險,因前開任何資料之下載而導致您電腦系統之任何損壞或資料流失,您應負完全責任。

對於任何貨品或服務的選購,KL Home Care 不作任何保證。

閣下自 KL Home Care 或經由本服務取得之建議和資訊,無論其為書面或口頭,絕不構成本服務條款未明示規定之任何保証。

部份法律不容許某些免責聲明,所以部份的免責聲明, 可能不適用於閣下。

8. 責任限制

會員明確了解並同意,基於以下原因而造成之損失,包括但不限於利潤、商譽、使用、資料損失或其他無形損失,KL Home Care 不承擔任何直接、間接、附帶、特別、衍生性或懲罰性賠償(即使 KL Home Care 已被告知前開賠償之可能性亦然):(i)本服務之使用或無法使用,(ii)經由或透過本服務購買或取得之任何商品、資料、資訊或服務,或接收之訊息,或進行之交易所衍生之替代商品及服務之購買成本,(iii)您的傳輸或資料遭到未獲授權的存取或變造。

對於附帶的損失,部份法律不容許某些責任限制,所以部份的責任限制, 可能不適用於閣下。

9. 服務轉售之禁止

使用此服務是會員的個人權利。會員是以個人名稱登記,團體或商業機構均不何登記成為會員。本服務任何部分或本服務之使用或存取,在未得 KL Home Care 的同意下,閣下不能轉售或作任何商業目的之使用。

10. 會員行為

在使用服務時傳送內容,是會員之責任。所有本地、國家及國際的法律和規定均適用於本服務。

會員同意:(1)如由香港輸出資料,必須根從香港法律;(2)不用此服務作非法用途;(3)不干擾或破壞連結本服務之網絡;及(4) 根從所有規定、政策和連結本服務網絡的程序。

本服務透過互聯網傳送及接收部份信息;所以會員的行為應服從互聯網之規定、政策和程序。會員不可用本服務發出連鎖信、垃圾郵件或使用任何通訊組,傳送信息到拒絕接收用途。

會員同意不以任何形式透過本服務傳送不合法、滋擾、誹謗、欺騙、威脅、有害、粗俗、猥褻或其他違反的資料。會員亦同意不傳送任何構成犯法、公眾責任或任何違反本地、國家或國際法律的資料。禁止意圖獲得未經授權進入其他電腦系統。

會員不可干擾其他會員使用及享用本服務。 如會員不符合協議內的會員行為,KL Home Care 可保留最終權利,終止本服務。

11. 彌償

閣下如違反本服務條款、或您侵害其他人任何權利因而衍生或導致任何第三人提出索賠或請求,包括合理的律師費,閣下同意賠償 KL Home Care 及其分公司、分支機構、主管、代理人、聯名廠商或其他夥伴及員工,並使其免受損害。

12. 終止

會員或KL Home Care可隨時終止服務,並即時生效。如會員終止服務,必須 以書面形式通知。KL Home Care 對您或任何第三人均不承擔責任。

如會員反對任何條款及細則,或往後的條款有任何更改,以及對此服務有任何不滿,會員必須:(1) 停止使用本服務;(2) 終止會員服務;及(3) 通知 KL Home Care。

當服務已經終止,會員使用此服務的權利會立即停止。 如發現會員的行為不符合條文,KL Home Care 可保留最終權利,決定會員的行為是否符合合約的條文及精神和終止服務。

13. 通知

發出的通知得經由電子郵件和一般郵件為之。本服務條款或其他事項有所變更時,本服務亦可能將展示通知或通知之連結。

14. 與廣告商進行之交易

會員於本服務或經由本服務與廣告商進行通訊或商業往來,或參與促銷活動,包含相關商品或服務之付款及交付,以及前開交易其他任何相關條款、條件、保証或陳述,完全是會員與廣告商之間之行為。任何交易或廣告商出現於本服務所生之任何性質的損失或損害,閣員下同意 KL Home Care 不予負責。

15. 內容之專屬權利

會員同意,經由本服務或廣告商向您呈現之贊助廣告或資訊內容,包括文字、軟件、音樂、聲響、相片、錄影、圖片或其他資料均受版權、商標均受到版權、商標、服務標章、專利或其他專屬權利及法律之保護。所以會員只可在被受權的情況下使用此內容。未經 KL Home Care 或廣告商明示授權,會員同意不修改、出租、出借、出售、散佈本服務。

16. 法律

以上條款及細則,以及 KL Home Care 及所有會員之間的關係,均受香港法例所約束。所有會員使用有關計劃時,均受香港法庭條例的限制。

如英文版本之條款及細則與其他語言版本有差異,概以英文版為準。若有任何爭議, KL Home Care 保留最終決定權。