Terms of Use
1.7 If any provision of this TOU shall be held to be illegal, invalid, or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be deemed not to form part of this TOU but the legality, validity or enforceability of the remainder of this TOU shall not be affected.
1.8 This TOU shall also apply to (i) Website; (ii) i-Platform and (iii)e-Resources such as ePlatforms, Apps, CDs, eBooks, POPs, e-Teaching aids, ipens and other e-Products of [Pan Lloyds Publisher Ltd] (“e-Resources”); and (ii) other learning and teaching resource books & materials (whether in printed form or digital version) and other product offered by [Pan Lloyds Publisher Ltd] (“Product”) to the extent that any term of this TOU is applicable thereto.
2.2 For avoidance of doubt, the intellectual property rights of the Materials exclusively belong to [Pan Lloyds Publisher Ltd] and for protection of the intellectual property rights of e-Resources owned by [Pan Lloyds Publisher Ltd], all users are not allowed to reproduce, republish, disassemble, decompile, reverse engineer, or any attempt to discover or gain access to the source code thereof.
3. Description of website services and others
3.1 In this website, [Pan Lloyds Publisher Ltd] provides the users with access to a variety of resources such as Materials, Software (as defined hereinbelow) and etc. which may include the download services, communication forums, information-providing, online Resources and other services offered by [Pan Lloyds Publisher Ltd] in this Website (collectively “Website Services”). The Website Services, including any subsequent updates, enhancements, modifications, new features, and/or the addition of any new web properties, are subject to this TOU. For the avoidance of doubt, the ownership (together with all intellectual property rights) of the Website and the content of the Website Services shall, in all aspects and at all time, belong to [Pan Lloyds Publisher Ltd] solely and exclusively.
3.2 Any user, who intends to use the Website Services, e-Resources, Products and i-Platform, shall be subject to this TOU and those additional terms imposed by [Pan Lloyds Publisher Ltd] (if applicable).
4. Privacy and protection of personal information
4.1 Subject to Clause 4.2 hereinbelow, each of the users hereby expressly and voluntarily grants its/his/her consent to provide [Pan Lloyds Publisher Ltd] with its/his/her personal data directly, such as when an user creates a login account with [Pan Lloyds Publisher Ltd] as directed or [Pan Lloyds Publisher Ltd], at its sole discretion, distributes a login account with login details to an user, administers its/his/her organization’s licensing account and etc. Users hereby allows and consents [Pan Lloyds Publisher Ltd] to collect and use the personal data of the users to: -
(a) operate [Pan Lloyds Publisher Ltd] and its group’s business effectively;
(b) provide users with [Pan Lloyds Publisher Ltd]’s promotional materials;
(c) handle and follow up the request or complaint lodged by the users;
(d) pass to [Pan Lloyds Publisher Ltd]’s legal representatives for seeking legal advice thereto and/or for any purpose relating to any of civil or criminal litigation(s);
(e) use the personal data for the communication with them; and
(f) to divulge them in accordance with the law or to any regulatory bodies upon their respective request(s).
4.2 The submission of personal data to [Pan Lloyds Publisher Ltd] is voluntary. A user has the option not to tender its/his/her personal data to [Pan Lloyds Publisher Ltd] by notifying [Pan Lloyds Publisher Ltd] at its email address at [Email address/communication method]. However, insufficient personal data may prevent [Pan Lloyds Publisher Ltd] from responding to and handling a request or answering an enquiry.
7.1 Neither [Pan Lloyds Publisher Ltd] nor any of its employees accept or consider unsolicited ideas, including but not limited to ideas for new advertising campaigns, promotions, Resources or technologies, processes, materials, marketing plans, product names and etc. Despite [Pan Lloyds Publisher Ltd]’s makes its stance clear that no user is requested to send [Pan Lloyds Publisher Ltd] of its/his/her ideas or materials, any user still send them to [Pan Lloyds Publisher Ltd] or its employees by any means of communication and [Pan Lloyds Publisher Ltd] makes no assurance that such ideas or materials will be treated as confidential or proprietary and no blame shall be made to [Pan Lloyds Publisher Ltd].
8.1 If any visit or use of the Website Services, services of e-Resources and i-Platform requires a user to open an account, the user must complete the registration process by providing [Pan Lloyds Publisher Ltd] with current, complete, and accurate information as prompted by the applicable registration form. The user will be given or distributed by [Pan Lloyds Publisher Ltd] a login account with login details or create a login account as directed by [Pan Lloyds Publisher Ltd]. Any user is entirely responsible for maintaining the confidentiality of its/his/her password, login details and any other non-public account information. Furthermore, any user is entirely responsible for any and all activities that occur under its/his/her account. All users shall notify [Pan Lloyds Publisher Ltd] immediately of any unauthorized or unlawful use of its/his/her account or any other breach of security. [Pan Lloyds Publisher Ltd] will not be liable for any loss that the user(s) may incur as a result of someone else using its/his/her name, login details, password, or account, either with or without its/his/her knowledge. However, user(s) shall be held fully liable for all losses incurred by [Pan Lloyds Publisher Ltd] or another party due to someone else using its/his/her user name, login ID, login details, password or account to visit the Website, i-Platform and e-Resources or use the Website Services, services of i-Platform and e-Resources. No one shall be allowed to use anyone else's (login) account at any time without prior written permission of [Pan Lloyds Publisher Ltd].
9. No unlawful or prohibited use
9.1 As a condition of the use of the Website Services, i-Platform and e-Resources, no user is allowed to use the Website Services, services of i-Platform and e-Resources, the Materials and Software for any purpose that is unlawful or prohibited by this TOU, under any laws of Hong Kong or the laws of other proper jurisdictions of the place where the users use the Website Services, services of i-Platform and e-Resources. User(s) are not allowed to use the Website Services, i-Platform and e-Resources in any manner that could damage, disable, overburden, or impair any [Pan Lloyds Publisher Ltd]’s server (“[Pan Lloyds Publisher Ltd] Server”), or any networks connected to any [Pan Lloyds Publisher Ltd] Server, or that could interfere with any other party's use and enjoyment of any Website Services and services of i-Platform and e-Resources. No one is allowed to make any attempt to gain unauthorized access to any Website Services, services of i-Platform and e-Resources, other accounts, computer systems, or networks connected to any [Pan Lloyds Publisher Ltd] server or to any of the Website Services, services of i-Platform and e-Resources through hacking, password mining, or any other means. Unless otherwise approved by [Pan Lloyds Publisher Ltd], no one is allowed to obtain or attempt to obtain any material or information through any means not intentionally made available through the Website Services, services of i-Platform and e-Resources.
10. Use of communication services
10.1 The Website Services and other services of [Pan Lloyds Publisher Ltd] may contain message or communication facilities with similar nature of chat forum and etc. (if any) designed to enable any user to communicate or share materials, information, opinion and etc. with others (each a “Communication Service” and collectively the “Communication Services”). All users shall agree to use the Communication Services only to post, send, and receive messages and materials that are proper and, when applicable, related to the particular Communication Service. In using the Communication Services, no user is not allowed to: -
10.2 [Pan Lloyds Publisher Ltd] has no obligation to monitor the Communication Services. However, [Pan Lloyds Publisher Ltd] reserves its right to review materials posted to the Communication Services and to remove, erase or delete any materials in its sole discretion without notice. [Pan Lloyds Publisher Ltd] reserves its right to terminate any access to any Communication Service at any time, without notice, for any reason whatsoever.
10.3 [Pan Lloyds Publisher Ltd] reserves its right at all times to disclose any information to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in [Pan Lloyds Publisher Ltd] 's sole discretion.
10.4 [Pan Lloyds Publisher Ltd] specifically disclaims any liability with regard to the Communication Services and any actions resulting from any participation in any Communication Services.
10.5 Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction, or dissemination. Users are responsible for adhering to such limitations if anyone downloads such materials.
11. Termination
11.1 [Pan Lloyds Publisher Ltd] shall be entitled to cease any user using the Website Services, services of i-Platform and e-Resources and prohibit any user from visiting the Website. i-Platform and e-Resources respectively without giving any prior notice if any of the following circumstances arises: -
(a) an user fails to pay any fee or payment (if applicable) to [Pan Lloyds Publisher Ltd] for using the Website Services, i-Platform and e-Resources respectively or is indebted to [Pan Lloyds Publisher Ltd] for any reason;
(b) an user becomes bankrupt;
(c) an user breaches any term of this TOU;
(d) an user breaches any agreement with [Pan Lloyds Publisher Ltd];
(e) an user terminates its/his/her (login) account to the Website Services, i-Platform or e-Resources respectively; or
(f) an user, if [Pan Lloyds Publisher Ltd] considers, does not properly use or is suspected of not properly using the Website Services, services of i-Platform or e-Resources respectively
11.2 Without prejudice to the above, [Pan Lloyds Publisher Ltd] shall, at any time and at its own discretion: -
(a) suspend or close the Website and i-Platform, and stop rendering the Website Services, services of i-Platform or e-Resources without any prior notice or tendering any reason therefor; or
(b) have full rights to stop or prohibit any user from visiting the Website. i-Platform and e-Resources and cease to provide the Website Services and services of i-Platform and e-Resources to any user without giving any reason or tendering any explanation.
11.3 Each of the Users hereby agrees to waive all claims, action, proceedings and etc. against [Pan Lloyds Publisher Ltd] for any loss and damage in case that [Pan Lloyds Publisher Ltd] exercises its rights under this Clause 11.
12. Reservation of rights
12.1 [Pan Lloyds Publisher Ltd] retains all its rights, titles, and interests in and to this Website, Software, Materials, i-Platform, e-Resources, the Website Services and services of i-Platform and e-Resources including all copyrights, patents, trade secrets, trademarks, and other intellectual property rights thereof. [Pan Lloyds Publisher Ltd] reserves all rights not expressly granted.
12.2 All rights of [Pan Lloyds Publisher Ltd] are hereby expressly reserved.
Remark:
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