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These terms and conditions will apply when you access our website. Before
proceeding, we ask that you read and accept these terms and conditions. Please
note that by using our Website you will be deemed to have agreed and accepted
the terms and conditions contained herein.
This Website is operated by Canon Hongkong Company Limited, and any goods and
services provided hereunder shall be supplied by Canon Hongkong Company
Limited. References in these Terms and Conditions to “we” or “us” shall be
deemed to be references to Canon Hongkong Company Limited.
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| 1. |
Use of this Website |
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1.1 |
You agree not to upload, post,
publish, transmit or transfer to this Website (nor include in any message) any
software files or other material which, (a) is or is in our opinion misleading,
inaccurate, defamatory, illegal, obscene, threatening, deceptive, abusive,
profane or offensive (or is likely to be perceived as such by any recipient),
(b) is in breach of any copyright or other intellectual property right, or
damaging to data, software or the performance of our or any other parties’
computer system, or adversely affects the performance or availability of this
Website; or (c) is a breach of any person's rights (including without limit,
copyright and confidentiality), or (d) contains a virus, cancelbot, Trojan
horse, worm or is otherwise harmful; or (e) is in breach of any applicable law
or regulation; or (f) contains any unauthorised advertising, promotion or
solicitation; or (g) materially misrepresents facts which may be damaging or
injurious to us, our clients or our or their agents. |
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1.2 |
You agree to indemnify us in full
from and against any and all claims, liabilities, losses, damages, expenses and
other costs whatsoever suffered or incurred as a result of any breach of your
obligations under Clause 1.1, including, but not limited to, any claims made
against us by any third party. |
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| 2. |
Intellectual Property Rights |
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2.1 |
You acknowledge and agree that the
ownership of any and all intellectual property rights (including, but not
limited to, copyright and trade marks) in this Website belongs to us or our
third party licensors. Accordingly, any part of this Website (or its source
HTML code) may not be used, transferred, copied or reproduced in whole or in
part in any manner other than for the purposes of utilising this Website,
meaning that you may only display it on your computer screen and print it out
on your printer for the sole purpose of viewing its content in connection with
the relevant transaction. |
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2.2 |
Copyright and all other intellectual
property rights subsisting in any database accessible via this Website and each
and every piece of information provided through this Website is owned by us or
the third party providers of such information. You may use information
retrieved from this Website only for the purposes of the transaction in respect
of which it was posted to this Website. |
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| 3. |
Linking |
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You may not link this Website to any
other Website without our prior written consent. Where we provide links to a
third party website, we do not take any responsibility for or make any
warranties, representations or undertakings about the content of any other
website which may be referred to or accessed by hypertext links in, from or
with this Website, and we do not endorse or approve the content of such third
party websites.
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| 4. |
Security |
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4.1 |
We cannot guarantee that any
messages sent over the Internet will be completely secure. We will not accept
any responsibility for any damages incurred by you if you send a message to us,
or if we send a message to you at your request, over the Internet. We shall not
be responsible in any manner for direct, indirect, special or consequential
losses or damages howsoever arising out of the use of this Website.
Communications over the Internet may be subject to interruption, delayed
transmission due to Internet traffic or incorrect data transmission due to the
public nature of the Internet or otherwise. |
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4.2 |
We are unable to guarantee that
third parties will not be able to independently gain access to confidential
information or data (including without limitation payment details and details
of your personal identity) passing to or via this Website. Accordingly, we do
not accept any responsibility or liability whatsoever for any loss or damage
suffered or incurred by you as a result of any use or mis-use of any such
confidential information or data by any such third party and you agree and
acknowledge that your use of this Website shall be solely at your own risk. |
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| 5. |
Privacy Policy |
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5.1 |
To enable us to monitor and improve
the Website, we may gather certain information about you when you use it,
including details of your operating system, browser version, domain name, IP
address and details of your website. |
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5.2 |
Cookies are small bits of
information automatically placed in your computer drive. If you enable these
cookies, then your browser adds the text in a small file. The purpose of
cookies is to help us prepare aggregate information about the number of
visitors to the Website and general statistics on usage patterns of the
Website. You may wish to set your web browser to notify you of a cookie
placement request or disable cookies. |
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5.3 |
The information which you provide to
us will at all times be governed by the terms of the Personal Data (Privacy)
Ordinance (“the Ordinance”). Please note the following:- |
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5.3.1 |
The personal data supplied by you
will be used for the purposes of (i) maintaining our records relating to you
and your Goods, in order that we may provide maintenance, guarantee and other
services to you; (ii) sending you information relevant to your Goods and
advertising and promotional materials; and/or (iii) any purposes relating to
any of the foregoing. |
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5.3.2 |
Data held by us relating to you will
be kept confidential, but we may from time to time provide such information to
(i) any governmental or statutory authorities; (ii) our parent company or any
other company forming part of the Canon group, and/or (iii) any other person
under a duty of confidentiality to us. |
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5.3.3 |
Under and in accordance with the
terms of the Ordinance, you have the right to (i) check whether we hold data
about you and your right of access to such data; (ii) require us to correct any
data relating to you which is inaccurate; (iii) ascertain our policies and
practices in relation to data and to be informed of the kind of personal data
held by us. In accordance with the terms of the Ordinance, we have a right to
charge a reasonable fee for the processing of any data access request. If you
have any requests for access to data or for the correction of data, or if you
would like any further information regarding our policies and practices or the
kinds of data held by us, kindly address your enquiries to:-
The Personal Data Officer
Canon Hongkong Company Limited
19th Floor, The Metropolis Tower,
10 Metropolis Drive,
Hunghom,
Kowloon.
Fax: 2723 9684 |
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5.3.4 |
Nothing in this Clause shall limit
the rights of any person under the Ordinance. |
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| 6. |
The Website |
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6.1 |
We reserve the right to change the
content, presentation, performance, user facilities and availability of any
part of this Website at our sole discretion and without notice. It is your
responsibility to refer to and update yourself in relation to any changes made.
They will come into effect immediately upon posting by us. We do not warrant
any continuity of connection, transmission over, security of, or results from,
the use of any network connection or facilities provided (or omitted to be
provided) in connection with the use of this Website.
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6.2 |
We may withdraw your right to use
this Website at any time, for any reason and without notice. |
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6.3 |
We make no warranty as to the
continuous availability of this Website. |
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| 7. |
Liability and Indemnity |
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7.1 |
You shall irrevocably indemnify us
and our affiliates from and against any and all losses, damages and costs
suffered or incurred by us, or our affiliates of whatsoever nature arising out
of or in connection with your use, provision or distribution of information on
the Website or otherwise, howsoever arising, in relation to any breach of these
Terms and Conditions by you. |
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7.2 |
We accept liability without limit
for, death or personal injury caused by our negligence, any fraudulent
pre-contractual misrepresentations made by us on which you can be shown to have
relied, and for any other form of liability which cannot legally be limited or
excluded. |
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7.3 |
The Website, including without
limitation, its contents, functionality, performance and features is provided
on an “as available basis” at your sole risk and without representations or
warranties of any kind and all warranties, conditions or terms (express or
implied, statutory or otherwise including without limitation any warranty as to
satisfactory quality or any warranty or commitment that access or use will be
uninterrupted or error free) are expressly excluded. Accordingly, subject only
to Clause 8.2, we shall not be liable for any losses (including direct,
indirect, incidental, special or consequential damages) arising out of use of
or inability to access the Website. It shall be your responsibility to make all
necessary copies and backups of any information obtained or available from the
Website. Accordingly, subject to Clause 8.2, you agree not to bring a claim of
any nature against us in relation to your use of or access to the Website
except where such a claim cannot be excluded by law. You acknowledge and agree
that we will have the right (subject to the discretion of the Court) to a stay
of proceedings if you bring any claim against us in breach of the foregoing. |
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| 8. |
General |
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8.1 |
You may not transfer your rights or
obligations under these Terms and Conditions without our prior written consent. |
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8.2 |
We will not be liable to you for
failure to fulfil obligations caused by events outside our control, including
without limitation, any difficulties experienced by you in accessing this
Website. |
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8.3 |
Your use of this Website is governed
by the laws of the Hong Kong SAR and you agree to submit to the non-exclusive
jurisdiction of the Courts of the Hong Kong SAR in relation to any dispute
arising out of your use of or access to it. |
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8.4 |
These Terms and Conditions
constitute the entire agreement between us relating to your use of this Website
and shall supersede and replace all other contracts (except, where applicable),
discussions, letters or communications (whether written or oral) relating to
the subject matter hereof save that neither party excludes liability for any
fraudulent misrepresentations made by it to the other party upon which the
other party can be shown to have relied. |
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