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TERMS OF USE OF THIS WEBSITE/PRIVACY
POLICY |
| Important Notice |
| 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)
providing you with such products as you may order through this Website
("Goods"); (ii) maintaining our records relating to you and your
Goods, in order that we may provide maintenance, guarantee and other
services to you; (iii) sending you information relevant to your
Goods and advertising and promotional materials; (iv) determining
the amount of any indebtedness owed to or by you; (v) collecting
any amounts outstanding from you; and/or (vi) 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, the Terms and Conditions
of Sale contained in this Website), 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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