TERMS OF USE & DISCLAIMER


Use of Thomson Reuters Hong Kong Limited's ("Thomson Reuters") websites including but not limited to www.sweetandmaxwell.com.hk (the "Website") and all electronic mail or communication services provided by Thomson Reuters, including but not limited to any online group discussions, electronic newsletters and/or use of legal online research services but specifically excluding "Westlaw" (together with the Website, the "Services") is subject to the terms and conditions set forth below ("Terms of Use & Disclaimer").

Please read the Terms of Use & Disclaimer and also the Privacy Agreement on the Website before using the Services. However by continuing to use the Services each subscriber, user and/or recipient of the Services irrevocably and unconditionally accepts and agrees to be bound by the Terms of Use & Disclaimer and the Privacy Agreement as the same may be amended from time to time and any amendment to the Terms of Use & Disclaimer and the Privacy Agreement shall be effective immediately upon posting on the Website.

  1. GENERAL RULES
    1.1 By registering for and/or using or receiving the Services, you, being the subscriber, recipient or user of the Services, accept and agree to be bound by the Terms of Use & Disclaimer throughout the process and use of the Services from time to time. Thomson Reuters reserves the right to modify the Terms of Use & Disclaimer or any features of the Services at any time without prior notice or consent to any user to the Services and such modification shall be effective immediately upon either posting on the Website or notifying you as the case may be.
    1.2 You represent that you have read and agree to be bound by these Terms of Use & Disclaimer.
    1.3 If you register for the Services as a subscriber then to enable other users to legally use the Services under your agreement with Thomson Reuters, you shall procure and notify each and every user using or receiving the Services under your account that use of the Services shall only be permitted provided that such user agrees to be bound by these Terms of Use & Disclaimer. Notwithstanding, you agree that you will be responsible for any loss incurred to Thomson Reuters as a result of any breach of any named user under your account.
    1.4 You acknowledge that Thomson Reuters may provide the Services and/or other services to you under separate agreement(s) including but not limited to the Terms of Trading as detailed in full on the Website. In that case, without prejudice to any such agreement(s), you agree that you are still be bound by these Terms of Use & Disclaimer. Notwithstanding, if there is any inconsistency between the provision(s) of such separate agreement(s) and these Terms of Use & Disclaimer, the provision(s) of such separate agreement(s) shall prevail.
  2. CONTENT AND USER SUBMISSIONS
    2.1 The contents of the Services, including but not limited to, text, photographs, graphics, video and audio content (the "Content") is protected by copyright as a collective work or compilation under the copyright laws enforced in the Hong Kong SAR and other countries, and owned or controlled by Thomson Reuters, its affiliates, licensors or the party credited as the provider of the Content. All individual articles, content and other elements comprising the Content are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in the Services.
    2.2 No subscriber, user or recipient of the Services shall copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Services by any means, including either hard copy or in any electronic form, directly or indirectly, without prior written consent from Thomson Reuters.
    2.3 Without limiting the generality of the foregoing, all use of the Services and Content are only for non-commercial use only. You must not re-distribute, copy or share any part of the Services or Content over any network, including a local area network, nor sell or offer it for sale or distribute without giving proper and accurate reference to its source.
  3. FORUMS AND DISCUSSION GUIDELINES
    3.1 In the event facilities enabling Users to upload or post any messages on the Website including, without limitation, message boards, blogs, forums or other instant message facilities (the "Forums") are available in the Services, the terms and conditions in this Clause 3 shall apply and bind you.
    3.2 You shall not upload post, transmit, or distribute or otherwise make available on the Forums any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
    3.3 You agree that you will not threaten or verbally abuse other users, use defamatory or indecent language, or deliberately disrupt discussions with repetitive messages, meaningless messages or spam.
    3.4 You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability.
    3.5 You undertake not to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam or any other form of solicitation.
    3.6 Uploading or posting messages containing libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material is a material breach of this Agreement. Thomson Reuters reserves all its rights in enforcing its rights in case of your breach and may immediately and permanently suspend your access to all or part of the Services.
    3.7 Messages you uploaded or posted on the Forums shall not be of any commercial nature. You shall not, without the express approval of Thomson Reuters, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
    3.8 You are solely responsible for any liability arisen from the publication of your messages. However, Thomson Reuters shall have the right (but not the obligation) to review or edit any messages you uploaded or posted on the Website and at its sole discretion to refuse publication of, delete, move, or edit any messages.
    3.9 You hereby grant to us a non-exclusive, perpetual, royalty-free, transferable, sub-licensible worldwide license to republish any material you submit to us in any format, including without limitation print and electronic format.
    3.10 You hereby acknowledge, consent and agree that Thomson Reuters may access, preserve and disclose your personal data and content of messages you uploaded or posted on Thomson Reuters in accordance with Clause 5.
  4. FEES AND PAYMENTS
    4.1 Thomson Reuters reserves the right at any time to charge fees for access to portions of the Services or the Services as a whole. Where fees and charges are (at your election) charged to your credit card, Thomson Reuters reserves the right to charge additional fees and charges for renewed and/or continuing subscriptions to the credit card for which details have previously been provided to Thomson Reuters.
    4.2 You expressly agree that Thomson Reuters shall not for any reason whatsoever be liable to refund the full amount or any part of fees, charges and taxes paid by you.
  5. REPRESENTATIONS AND WARRANTIES
    5.1 Upon your registration for the Services or using the Services from time to time, Thomson Reuters will request you to provide your personal data (as defined in the Personal Data (Privacy) Ordinance, Cap.486 Laws of Hong Kong ("Personal Data (Privacy) Ordinance")) to be set out in any subscription form for any Service and any other information obtained from you or from another source ("Personal Data"). You may decline to provide the Personal Data but in that case Thomson Reuters reserves the right to refuse to provide the Services to you.
    5.2 You represent, warrant and covenant:
    5.2.1 your personal data and other information provided to us for registration or subscription purpose are true and accurate; and
    5.2.1 that you will not allow any third party to use or to access the Services by using your subscriber or user ID and/or password or otherwise use your account with Thomson Reuters.
  6. DISCLAIMERS
    6.1 Thomson Reuters and its agents, licensors or other third-party providers:
    6.1.1 do not warrant that the Services will be uninterrupted or error-free;
    6.1.2 are not responsible for the availability, content or services of other third-party providers;
    6.1.3 do not endorse the accuracy, satisfactory quality, completeness, non-infringement, compatibility, security, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in the Services or available through links in the Services;
    6.1.4 do not guarantee or warrant that the Services or materials that may be downloaded from the Services do not contain any destructive features or viruses, worms or otherwise and you rely on the Services and any materials available through the service, you do so solely at your own risk.
    6.2 The information, materials and opinions contained in the Website and Services are for general information purposes only, should not be construed as legal, accounting, financial or tax advice or opinion on any specific facts or circumstances and should not be relied upon in that regard. You must not rely on any statement, materials or information published on the Website or obtained through the Services without taking independent legal or other professional advice in relevant jurisdiction(s). Thomson Reuters reserves the right to correct any errors or omissions in the Services. Neither Thomson Reuters nor any other Thomson Reuters’affiliate, subsidiary, officer or agent accepts any responsibility for any loss which may arise from reliance on information or materials published on the Website.
    6.3 This disclaimer of liability applies to any loss, damage or injury caused by any failure of performance, error, omission, interruption, deletion, defect, transmission blackout, incorrect data transmission, delay in operation or transmission due to internet traffic or otherwise, computer virus or other harmful item, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, caused by your computer or for breach of contract, tortious behaviour, negligence, or under any other cause of action. You specifically acknowledge that Thomson Reuters is not liable for any defamatory, offensive, or illegal conduct of other users or their parties and that the risk of injury from the foregoing rests entirely with the User.
  7. LIMITATIONS OF LIABILITY
    7.1 Thomson Reuters and its officers, agents, licensors or other third-party providers are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including loss of revenues or profits, loss of business or loss of data, in any way related to the service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Services (including without limitation as a result of breach of any warranty or other term of these Terms of Use & Disclaimer) even if such damage, claims, losses or injuries were foreseen or foreseeable. Any claim against us shall be limited to the amount you paid, if any, for use of the Services.
  8. ACCESS TO OTHER LINKS
    8.1 The Services contain links to other websites. Thomson Reuters is not responsible for the availability of these outside resources, or their content, you should direct any concerns regarding any external link to the site administrator or webmaster of such sites.
    8.2 The contents of other websites, services, goods or advertisements that may be linked from the Website are not maintained or controlled by Thomson Reuters. Thomson Reuters is therefore not responsible for the availability, content or accuracy of other websites, services or goods that may be linked from, or advertised on the Website. Thomson Reuters does not:
    8.2.1 make any warranty, express or implied, with respect to the use of the links provided on the Website;
    8.2.2 guarantee the accuracy, veracity, reliability, completeness,
    8.2.3 usefulness or adequacy of any other websites, services, goods or advertisements that may be linked from the Website; or
    8.2.4 make any endorsement, express or implied, of any other websites, services, goods or advertisements that may be linked from the Website.
  9. COMMUNICATIONS BETWEEN THOMSON REUTERS AND USERS
    9.1 Unless you indicate on your registration or subscription form that you do not want to receive such information, Thomson Reuters has the right to allow certain third party vendors to provide you with information about any products and services.
    9.2 You agree that Thomson Reuters may send electronic mail or digital messages to you for the purpose of informing you of changes or additions to these Terms of Use & Disclaimer and/or the Services.
    9.3 A cookie is an element of data that a website can send to your browser, which may then store it on your system. You acknowledge and accept that the Website uses cookies. You can set your browser to notify you when you receive a cookie, giving you a chance to decide whether to accept it.
    9.4 We reserve the right to gather and use information about your usage and demographics, and agree to maintain your data privacy, in accordance with the Personal Data (Privacy) Ordinance. For more information please read the Privacy Agreement on the Website.
  10. SUSPENSION AND TERMINATION
    10.1 Thomson Reuters may:
    10.1.1 deactivate or suspend the Services or any part thereof, with or without notice to you, to carry out system, maintenance, upgrading, testing and/or repairs; and/or
    10.1.2 limit or suspend your access to any of the Services with or without notice to you if Thomson Reuters is of the opinion that such action is appropriate as a result of your use of the Services.
    10.2 Any subscription of Services may be terminated by either party for any reason at any time by giving a written notice to the other party. You are responsible for all charges incurred, if any, up to the time of deactivation of your account by Thomson Reuters. Any subscription of Services shall remain valid and effective until one party terminates the same in the manner prescribed above.
    10.3 Termination hereunder shall not affect Thomson Reuters' rights in relation to any antecedent breach or liability incurred prior to the date of termination.
  11. GENERAL
    11.1 Thomson Reuters shall have the right to sub-license, sub-contract, assign or transfer its rights and obligations in these Terms of Use & Disclaimer to any third party at its sole and absolute discretion.
    11.2 These Terms of Use & Disclaimer shall be governed by Hong Kong law. You agree that any action arising under these Terms of Use & Disclaimer shall be subject to the non-exclusive jurisdiction of Hong Kong courts.

CONTACT US

 

To find out more about any of the available special offers, please either contact your account manager or contact us using the details below:

Sweet & Maxwell

10/F, Cityplaza 3
Taikoo Shing
Hong Kong

Tel: +852 2847 2088
Fax: +852 2520 6646

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