Terms of Use

1

Terms and Conditions of www.nissincharity.hk (“the Website”)

1.1

We, Nissin Foods (Hong Kong) Charity Fund (“We” or “Charity Fund”), technically operate the Website. However, we exercise no editorial control over some of the content on the Website particularly when the contents or other Internet sites are provided by other persons on the Website or is partly operated by other persons you may view or access through the Website (“Third Party Providers”).

1.2

We reserve the right to modify the terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.

1.3

You agree and acknowledge that we may, in our sole discretion and with or without notice,

a.　vary the Website or any part of it (including any Sub Portal for which you are required to register); and

b.　modify or discontinue this Site, any part of the Site and the services available on it without notice.

2

Copyright

2.1

You acknowledge that the content on the Website is subject to copyright and possibly other intellectual property rights (“Intellectual Property Rights”). Unless you are expressed authorised by law, you must not by yourself or permit any other person to:

a.　Modify, sell, copy, reproduce, display, publicly perform, republish, upload, post, transmit, distribute, prepare derivative works based on, repost or otherwise use any of the Content, including text, graphics, code and/or software, in any way for any public or commercial purpose without our prior written consent; or

b.　Use any content on any other website or in a networked computer environment for any purpose; or

c.　Reverse engineer any content consisting of downloadable software; or

d.　Otherwise infringe the Intellectual Property Rights of any person in using the Website or any content.

2.2

Nothing you do on or in relation to the Website will transfer any Intellectual Property Rights to you or license you to exercise any Intellectual Property Rights unless this is expressly stated.

2.3

It is your responsibility to determine whether any infringement will occur that if you download, copy, transmit, publish, store or otherwise use or deal with the Content contained in this Website without the prior written consent of us.

2.4

No person, whether an individual or a body corporate, shall create or establish a hyperlink to the Charity Fund Website by hypertext reference or imaging without the written permission of us.

3

Trademarks

The words and various logos on the publications, products, contents or services referenced herein on the Website are the exclusive trademarks or service marks of Charity Fund, its associates and/or affiliates. Other names or logos appearing on the Website may be trademarks of their respective owners.

4

Use of the Website

4.1

You must not:

a.　Disrupt or interfere with the Website or servers or other software, hardware or equipment connected to or via the Website;

b.　Violate any applicable law relating to your use of this Website; or

c.　Collect or store personal data about other users of the Website.

4.2

You agree that you use the Website at your own risk. You must evaluate and bear all risks associated with, the use of any content, including reliance on the accuracy, completeness or usefulness of any content. All information provided on or via the Website is for information purposes only. You should seek your own independent advice with respect to any content.

4.3

We endeavour to provide a convenient and functional Site, but we do not guarantee or warrant that the content of this Website will be error, or viruses free or that the Website or the server that operates is free of viruses or other harmful components.

4.4

We will use reasonable endeavours to maintain the contents, we do not undertake to provide support or maintenance services for the contents. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for data input and output, and for maintaining a mean external to the Website for the reconstruction of any lost data. If your use of the Website results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.

4.5

We do not make any warranties or conditions of any kind, either expressed or implied but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement. We exclude all representations and warranties to the fullest extent permissible under the applicable law.

4.6

Product information and images available on the Website are for reference only.

5

Limitation of Liability

5.1

We will accept no liability whatsoever for any direct, incidental, consequential, or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings or any other loss resulting from your access to, reliance on, or use of, or inability to use the Website and the content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.

5.2

Third Party Providers

You acknowledge that:

a.　parts of the Website; and

b.　parts of the content are provided or maintained by Third Party Providers and not by us.

Any dealings or correspondences with any Third Party Provider are solely between you and that Third Party Provider, and you agree that Charity Fund will not be liable or responsible for any loss or damage of any sort incurred as the result of such dealings.

6

Links and Advertisements

6.1

We have not reviewed all the websites linked to this Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Website (including without limitation sites linked through advertisements or through any search engines).

6.2

Some links which appear on the Website are automatically generated, and may be offensive or inappropriate to some people. The inclusion of any link does not imply that we endorse the link site. Any use or access of those third party websites or their products and services are solely at your own risk. We do have any relationship with the owners or operators of those third party and we have no control over or rights in those third party websites.

6.3

Your correspondence or dealings with, or participation in promotions of, advertisers on the Website are solely between you and the advertisers.

6.4

We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Website.

7

Indemnification

You agree to indemnify, defend and hold harmless us, our officers, advisors, employees, agents, licensors and suppliers from and against any claims, actions or demands, losses, expenses, damages and costs, including reasonable legal and accounting fees, alleging or resulting from your use of the Website or the content or your breach of this terms and conditions.

8

Personal Data and Cookies

8.1

In using this Website you may give us the “personal data” as defined in the Personal Data Privacy Ordinance. You have certain rights in the personal data. By using this Website you grant us the consent to use your personal data in accordance with our Privacy Policy Statement.

8.2

During your use of this Website, we may issue a request from your computer blocks of data known as “cookies”. We use cookies and other technologies to passively collect demographic information, personalise your experience on this Website and monitor advertisements and other activities.

8.3

Some of this Website use an outside ad company to display ads and these companies may use information about your visits to this Website in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you. These ads may contain cookies. Our ad companies collect cookies received with banner ads, however, We do not have access to this information. You can disable cookies if you want to do so.

9

General Provisions

9.1

If any part of this terms and conditions is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.

9.2

The terms and conditions will be governed by the laws of Hong Kong. You irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.

9.3

We will post any necessary notices for you on this Website from time to time, and you agree that:

a.　to check the Website for notices by yourself; and

b.　you will be considered to have received such necessary notices when they are posted on this Website .

9.4

Definitions:

 “Content” - including things that you may see, read, hear, download or access on or via the Website (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).

 “Applicable Law” - means any law, rule or regulation of any country, and any lawful and binding obligation under any license in any country.

10

In the event that there is any inconsistency between the English and Chinese version of these Terms of Use, the English version shall prevail.