Terms & Conditions

Acceptance of Terms and Conditions: By accessing and using this website you agree to be bound by the following Terms and Conditions contained or referenced herein or any additional terms and conditions set forth on this website. If you do NOT agree to all of these terms, you should NOT use this website.

 

The following Terms and Conditions govern your access and use of this website. Also, specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this website (the “Content”) and to specific content, data, materials, or information you may upload, submit and/or publish to the website (“User Content”) or transactions concluded through this website to the extent expressly specified, may supersede these Terms and Conditions.

 

These Terms and Conditions may be amended by Defond Group Ltd. at any time. Such amended Terms and Conditions shall be effective upon posting on this website. By continuing to access or use the website after such posting, you will be deemed to have accepted such amendments. Please check the Terms and Conditions published on this website regularly to ensure that you are aware of all terms governing your use of this website.

 

 

1. Scope

 

1.1. Any use of this website provided by Defond Holdings (H.K.) Co. Ltd. and/or its affiliates, “Defond Group Website”, is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. With log-in, or where a log-in is not required, in accessing or using the Defond Group Website these Terms of Use are accepted in their then current version.

 

 1.2. In the case of web offers aimed at companies or public enterprises, such companies or enterprises are represented by the user and must assume that the user has appropriate knowledge and acts accordingly.

 

 

2. Services

 

2.1. This Defond Group Website contains specific information, software and documentation for viewing or downloading.

 

 2.2. Defond Group may stop the operation of the Defond Group Website in full or in part at any time. Due to the nature of the internet and computer systems, Defond Group cannot accept any liability for the continuous availability of the Defond Group Website.

 

 2.3. Defond Group reserves the right to discontinue or make changes or updates with respect to the website or the content of the website at any time without notice.

 

 2.4. Defond Group reserves the right to restrict, refuse or terminate access of any person to the website or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

 

 

3. Rights of Use to Information, Software and Documentation

 

3.1. The use of any information, software and documentation made available on or via this Defond Group Website is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with Defond Group. Separately agreed to license terms, for example software downloads, shall prevail over these Terms of Use.

 

 3.2. Defond Group grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the Defond Group Website to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Defond Group in making same available.

 

 3.3. Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these Terms of Use in the case of transfer of open source software and which conditions require the making available of the source code. In such case Defond Group shall make the source code available in return for the payment of costs.

 

 3.4. Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use.

 

 3.5. The information, software and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof.

 

 

4. Intellectual Property

 

4.1 The materials provided on the Defond Group Website, including all content, information, photographs, illustrations, graphics, names, trademarks and logos, are the property of Defond Group or its licensors and are protected by copyright and trademark laws and other intellectual property rights. Materials are for personal, non-commercial use only. Notwithstanding the particular provisions in section 3 of these Terms of Use, the contents of the Defond Group Website as described above may not be changed, copied, reproduced, sold, rented, used, supplemented or utilized in any other way without the prior written permission of Defond Group.

 

 4.2. Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.

 

 4.3. Defond Group may, without charge, use any ideas or proposals stored by a User on the Defond Group Website for the development, improvement and sale of its products.

 

 4.4 Nothing contained in the above shall be construed as granting by implication or otherwise any license or right to use any patent, trademark or any other intellectual property right of Defond Group. Nor does it grant any license or rights to use any copyrights or other rights related to the materials described above.

 

 4.5 The word and device trademark Defond Group, other product trademarks, illustrations and logos identify Defond Group products and are the property of Defond Group.

 

 4.6 Use of these names and trademarks requires express permission of Defond Group. The use of the name Defond Group as a reference is permitted, e.g. for a link to this website. Defond Group must receive prior notification of such use.

 

 

5. Duties of the User

 

5.1. In accessing or using the Defond Group Website the User shall not

  • harm other persons, in particular minors, or infringe their personal rights;
  • breach public morality in its manner of use;
  • violate any intellectual property right or any other proprietary right;
  • upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
  • transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
  • distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.

 

 5.2. Defond Group may deny access to the Defond Group Website at any time, in particular if the User breaches any obligation arising from these Terms of Use.

 

6. Hyperlinks

 

The Defond Group Website may contain hyperlinks to the web pages of third parties. Defond Group shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Defond Group does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.

 

 

7. Liability for defects of title or quality

 

7.1. Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.

 

 7.2. The information on the Defond Group Website may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.

 

 

8. Other Liability, Viruses

 

8.1. The liability of Defond Group for defects in relation to quality and title shall be determined in accordance with the provisions of § 7 of these Terms of Use. Any further liability of Defond Group is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations are limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.

 

8.2. Although Defond Group makes every endeavour to keep the Defond Group Website free from viruses, Defond Group cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.

 

8.3. §§ 8.1 and 8.2 do not intend nor imply any changes to the burden of proof to the User’s disadvantage.

 

 

9. Compliance with Export Control Regulations

 

9.1. If the User transfers information, software and documentation provided by Defond Group to a third party, the User shall comply with all applicable national and international (re-) export control regulations. In any event of such transfer the User shall comply with the (re-) export control regulations of Hong Kong SAR, of the European Union and of the United States of America.

 

 9.2. Prior to any such transfer to a third party the User shall in particular check and guarantee by appropriate measures that - There will be no infringement of an embargo imposed by the European Union, by the United States of America and/or by the United Nations by such transfer or by provision of other economic resources in connection with information, software and documentation provided by Defond Group, also considering the limitations of domestic business and prohibitions of by-passing those embargos;

 o Such information, software and documentation provided by Defond Group are not intended for use in connection with armaments, nuclear technology or weapons, if and to the extent such use is subject to prohibition or authorization, unless required authorization is provided;

 o The regulations of all applicable Sanctioned Party Lists of the European Union and the United States of America concerning the trading with entities, persons and organizations listed therein are considered.

 

 9.3. If required to enable authorities or Defond Group to conduct export control checks, the User, upon request by Defond Group, shall promptly provide Defond Group with all information pertaining to the particular end-user, the particular destination and the particular intended use of information, software and documentation provided by Defond Group, as well as any export control restrictions existing.

 

 9.4. The User shall indemnify and hold harmless Defond Group from and against any claim, proceeding, action, fine, loss, cost and damages arising out of or relating to any noncompliance with export control regulations by the User, and the User shall compensate Defond Group for all losses and expenses resulting thereof, unless such noncompliance was not caused by fault of the User. This provision does not imply a change in burden of proof.

 

 9.5. Defond Group’s obligation to fulfill an agreement is subject to the proviso that the fulfillment is not prevented by any impediments arising out of national and international foreign trade and customs requirements or any embargos or other sanctions.

 

 

10. Data Privacy Protection

 

For collection, use and processing of personally identifiable data of the User of the Defond Group Website, Defond Group shall comply with applicable laws on data privacy protection and the Defond Group Website Data Protection Privacy Policy, which is available per hyperlink on the Defond Group Website.

 

 

 

11. Supplementary Agreements, Place of Jurisdiction, Applicable Law

 

11.1. Any supplementary agreement requires the written form.

 

 11.2. The place of jurisdiction shall be Hong Kong SAR.

 

11.3. The individual pages of the Defond Group Website are operated and administered by Defond Group and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. Defond Group makes no representation that information, software and/or documentation on the Defond Group Website are appropriate or available for viewing or downloading at locations outside such country. If Users access Defond Group Website from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to Defond Group Website’s information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with Defond Group, the User should contact the Defond Group representative for the particular country for country specific business.

 

 11.4. These Terms and Conditions shall be governed by - and all disputes relating to or in connection with these Terms and Conditions or their subject matter shall be resolved in accordance with - the laws of Hong Kong SAR, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.

 

 

 

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