PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE.
Welcome to www.tosshk.com The materials on this website (the “Site”) are provided by TOSS HK, as a service to its customers, are to be used for informational purposes only, and subject to change without notice. By using and/or downloading any materials from the Site, you will be deemed to agree to the terms and conditions (“these Terms”), govern the Site’s relationship with you. Unauthorized use of the Site may give rise to a claim for damages and/or be a criminal offence.
DECLARATION: By entering and using the Site, you confirm, declare, and represent that you are physically in Hong Kong.
Furthermore, in order to use the Site, you must have the power and legal age of your jurisdiction to enter into a binding agreement. You declare that all information you provide to the Site in relation to your identity (if any) is true, accurate and correct, and you shall update TOSS HK promptly within five (5) calendar days should there be any change during your use of the Site.
OWNERSHIP: All content on the Site and/or on e-mails distributed to you from www.tosshk.com and TOSSHK including without limitation text, graphics, logos, button icons, and images, and the selection and arrangement of such content (“Materials”) is the exclusive property of www.tosshk.com or its licensors and is protected by international copyright laws and treaty provisions. All rights not expressly granted are reserved. Any unauthorized use of any Materials on the Site may constitute a violation of copyright, trademark, and other laws governing the Materials presented on the Site.
LIMITED LICENSE: You may use or download Materials displayed on the Site for noncommercial and personal use only. TOSSHK retains full and complete right and title to the downloaded Materials, including but not limited to any files and images incorporated in or generated by the Materials and accompanying data and TOSSHK retains all intellectual property rights therein. If you download the Materials, you must retain all copyright and other proprietary notices displayed on the Materials. Except as provided herein, you may not distribute, modify, transmit, post, or otherwise use the content of the Site and/or content contained in e-mails distributed to you from www.tosshk.com for public or commercial purposes without TOSSHK’s written permission. You agree to prevent any unauthorized copying or other use of the Materials.
CONTENT: Your access to the Site is entirely at your own risk. The reviews published on the Site are both the fair comment of critics of www.tosshk.com’s editorial team and the opinions of TOSSHK’s users (“users”), with a numerical rating reflecting the average score given by all users on a particular establishment and direct quotes or paraphrases from users’ comments. By using the Site, you are deemed to accept these Terms and you expressly authorize TOSSHK to edit user reviews for accuracy and legality and/or to refrain from publishing or remove any user comments at any point. However, TOSSHK does not have control over and does not guarantee the truthfulness, accuracy or reliability of any advertisement or materials posted by other users or endorse any opinions expressed by users on the Site. All information that users submit to the Site, including all numerical votes and written comments, will be considered voluntary submission. By posting content on the Site, you unconditionally grant to TOSSHK a non-exclusive, worldwide, irrevocable, royalty-free right to exercise the copyright, publicity and database rights (but no other rights) you may have in the content for TOSSHK to use the same for any purpose including host, display, promote, copy, download, forward, distribute, reproduce, sell and re-use the content in any form whatsoever.
You agree, represent, warrant, and guarantee that all personal data provided by you is true, accurate, complete, up-to-date, and solely yours. You must not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account/profile on the Site. If any of your personal data changes, you must update it promptly by using the mechanism or contact information if available on the Site that allows you to change or update your personal data. TOSSHK shall have no liability for loss or damages including your failure to receive critical information, associated with or arising from your failure to maintain accurate, complete or up-to-date personal data. TOSSHK shall not be responsible for verifying your personal data.
PROHIBITED CONTENT: You are prohibited from posting or transmitting to or from the Site any abusive, unlawful, disruptive or false content and other content which TOSSHK at its sole discretion deems to be inappropriate. TOSSHK will cooperate to the fullest extent possible to assist authorities in prosecuting those persons responsible for such postings.
LINKED SITES: The Site may also include links to other websites including third party links. These links are provided for your convenience to provide further information. They do not signify that TOSSHK endorses the website(s), unless such site is legally affiliated with TOSSHK. TOSSHK shall have no responsibility for the content of the linked website(s). TOSSHK reserves the right, at its sole discretion, to terminate any link or linking program at any time and for any reason it deems appropriate. If you decide to access any of the third party sites linked to the Site, you do this entirely at your own risk.
DISCLAIMER: Any information or Materials on the Site and/or included in emails distributed to you by www.tosshk.com is provided to you without warranty and your use of such is entirely at your own risk, for which TOSSHK shall not be liable for. It shall be your own responsibility to ensure that any products, services or information available through the Site meet your specific requirements. The Materials are provided “as is” without any express or implied warranty of any kind including, but not limited to, warranties of accuracy, completeness, merchantability, non-infringement of intellectual property, or fitness for any particular purpose. TOSSHK also does not warrant that the site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server are free of viruses or other harmful components. You also acknowledge that third party links and websites may appear on the site. You understand and agree that any Materials downloaded or otherwise obtained through the use of the site or from third party links and websites is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of materials and use of the site or from third party links and websites. TOSSHK does not make any warranty regarding any goods or services purchased or obtained as a result of comments posted on / content published on the site. In no event shall TOSSHK or its’ licensors/suppliers, its officers, directors, employees or agents be liable to you for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, direct or indirect, incidental, coincidental or punitive damages of any kind howsoever arising, including negligence) out of the use of or inability to use the materials / the site, even if TOSSHK has been advised of the possibility of such damages.
INDEMNITY: All users agree to indemnify, and hold harmless TOSSHK, its officers, directors, employees and agents from and against any claims, actions, demands, losses or damages arising from or resulting from their use of the Site or their breach of these Terms.
APPLICABLE LAWS: The Site is controlled by TOSSHK from its offices within the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). These Terms and any dispute or matter arising from or incidental to the use of the Site shall be governed by and construed in accordance with the laws of the Hong Kong without regard to choice or conflicts of law principles. Both users and TOSSHK shall submit to the exclusive jurisdiction of the courts of Hong Kong. Those who choose to access the Site from locations other than Hong Kong do so on their own initiative and are responsible for compliance with all applicable laws and regulations.
TOSSHK TRADEMARKS: All the trademarks used in the Site are either owned or used by TOSSHK under licences from the respective trademark owners. Any third parties may use all these trademarks only with permission from TOSSHK.
UPDATES: Where TOSSHK revises, changes or modifies these Terms, TOSSHK shall publish a notice 7 days’ prior to such revision, change or modification of these Terms. If you do not agree to the updated Terms, you should not proceed to use or access the Site.
Please remember to visit the Site from time to time to review any amendments to these Terms and their effect on your use of the Site and the Materials contained herein.