General Terms and Conditions of Website Use
1. Grant of License for Website Use
1.1 NTT Com Asia Limited ('the Company', 'we', 'us', 'our') hereby grants you, the user, a limited, non-exclusive, non-transferable license to access and utilize the Company's website at https://www.ntt.com.hk, including all subsidiary pages and the content therein ('Our Website'), strictly in compliance with the Terms and Conditions of Use hereof (“these General Terms'). This license is conditioned upon your adherence to these General Terms.
1.2 Your access to, use of, and/or downloading of any information from Our Website signifies your agreement to and acceptance of these General Terms. Any use of Our Website not expressly permitted by these General Terms is a breach of these General Terms and may violate copyright, trademark, and other laws. The Company reserves all rights not expressly granted herein.
2. Unilateral Right to Amend Terms
2.1 The Company expressly reserves the right, at its sole discretion, to revise, amend, or modify any provisions of these General Terms at any given time and without prior notice. Such alterations shall become effective immediately upon their posting on Our Website.
2.2 By continuing to access or use Our Website subsequent to any such changes, you signify your unequivocal acceptance of the revised Terms.
3. Intellectual Property Rights
3.1 All content, texts, graphics, and data provided on this Website, including but not limited to visual interfaces, interactive features, and the selection and arrangement thereof (collectively referred to as the "Materials"), are the exclusive property of the Company or are used lawfully with permission by the Company. These Materials are protected by the Copyright Ordinance (Cap 528), the intellectual property laws of the Hong Kong Special Administrative Region, and international copyright treaties and conventions.
3.2 Unauthorized copying, reproduction, distribution, public display, sale, or any other use or exploitation of the Materials, in whole or in part, without the prior written consent of the Company, constitutes an infringement of our copyright and related rights. Such unauthorized use may result in civil and/or criminal penalties under the relevant laws and we reserve the right to seek all remedies available by law for any infringement.
4. Trademark Ownership and Usage
4.1 The trademarks, trade names, logos, and service marks displayed on Our Website (collectively, the "Trademarks"), whether registered under the Trademark Ordinance (Cap 559 of the laws of Hong Kong) or unregistered, remain the exclusive property of the Company or its licensors.
4.2 Unauthorized use, reproduction, modification, distribution, transmission, or exploitation of the Trademarks is strictly prohibited and may constitute an infringement of our proprietary rights or those of our licensors. Such unauthorized use may give rise to a claim for damages and/or be a criminal offense under the applicable intellectual property laws of Hong Kong.
4.3 Usage of any of the Trademarks, without the Company's express prior written consent, may also breach the Trade Descriptions Ordinance (Cap 362 of the laws of Hong Kong) and other relevant laws of Hong Kong. The Company reserves the right to enforce its intellectual property rights to the fullest extent of the law.
5. Data Protection
5.1 The Company undertakes to adhere to the Personal Data (Privacy) Ordinance (Cap 486 of the laws of Hong Kong), and has thus instituted a robust Privacy Policy detailing our stringent data collection, processing, and transfer protocols. While we commit to the utmost data confidentiality, users acknowledge that no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure.
5.2 The Company thus disclaims, to the maximum extent permitted by law, all liability for any breach of security, unintended disclosure, or data loss relating to personal information. Furthermore, where data is transferred to third-party service providers, the Company limits its liability to the diligent selection and instruction of such providers, without bearing responsibility for their subsequent data handling practices.
5.3 In the event of legal provisions conflicting with this Policy, the terms that most robustly protect the Company against third-party claims shall prevail.
6. Disclaimer of Warranties
6.1 The Company hereby expressly disclaims, to the fullest extent permissible under the laws of the Hong Kong Special Administrative Region, all warranties, representations, and guarantees with respect to Our Website, its content, and any services or goods obtained through Our Website. This includes, without limitation, any and all implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement of intellectual property rights.
6.2 The Company does not warrant that Our Website will operate error-free or that Our Website and its servers are free of computer viruses or other harmful mechanisms. If your use of Our Website results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.
6.3 Content of Our Website is provided on an 'as is' basis without any warranties of any kind, express or implied. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. You acknowledge that your use of Our Website is at your sole risk.
7. Advertising Content
7.1 The Company endeavors to ensure that all advertising materials on Our Website are in full compliance with the Trade Descriptions Ordinance (Cap 362 of the laws of Hong Kong). However, the Company disclaims all liability for any inadvertent inaccuracies or omissions in such materials and for any reliance placed by any third party on the advertising content found on Our Website.
7.2 In the case of any discrepancies or alleged misleading information, the Company's sole responsibility shall be limited to correcting such information upon notice and as expediently as possible.
8. Electronic Communication
8.1 The Company adheres to the Unsolicited Electronic Messages Ordinance (Cap 593 of the laws of Hong Kong) and the Personal Data (Privacy) Ordinance (Cap 486 of the laws of Hong Kong) in its electronic communications. The Company endeavors to ensure all messages contain accurate sender information, a functional unsubscribe option, and are devoid of misleading content.
8.2 Despite our efforts, the Company disclaims all liability for unintentional non-compliance and for any third-party claims arising from perceived spamming or data misuse. In the event of such a claim, the Company's responsibility is limited to corrective action in accordance with the relevant statutory requirements.
9. Interpretation of Website Information
9.1 Notwithstanding any content presented on Our Website, the Company unequivocally declares that such content, including but not limited to product and service descriptions, pricing, and any graphical depictions, shall not constitute a contractual offer, but merely an invitation for the user to make an offer.
9.2 The Company retains absolute discretion to accept or decline any offers at its sole discretion. Any reliance on website content as constituting a binding offer is at the user's risk, and the Company explicitly disclaims all liability for such reliance. Furthermore, no claim arising from such reliance shall be deemed valid against the Company.
10. User Account Security
10.1 The User shall be solely and fully responsible for maintaining the strict confidentiality and security of their login credentials to access their user account on the Company’s website and online platforms, including usernames, passwords, and any other access codes (“Account Credentials”).
10.2 Under no circumstances shall the User disclose or allow disclosure of their Account Credentials to any third party. The User expressly understands and agrees that sharing of Account Credentials could result in unauthorized access to their user account and associated data.
10.3 The User shall be solely liable and accountable, without any recourse against the Company, for any and all activities, acts and omissions that occur through the use of their Account Credentials, whether authorized or unauthorized.
10.4 The User shall immediately report to the Company in writing any actual or suspected unauthorized use, loss or disclosure of their Account Credentials, unauthorized access to their user account, or any breach or compromise of their user account security (“Account Breach”). Upon receiving such report, the Company may suspend or terminate the User’s account in its sole discretion.
10.5 The User shall fully cooperate with any investigation the Company may conduct regarding any Account Breach. The User’s failure to immediately report an Account Breach or cooperate with the Company’s investigation shall constitute a material breach of these General Terms.
11. Limitation of Liability
11.1 To the maximum extent permitted by applicable law, the Company shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) your access to or use of or inability to access or use Our Website; (ii) any conduct or content of any third party on Our Website; (iii) any content obtained from Our Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if the Company has been informed of the possibility of such damage.
11.2 By using Our Website, you, the user, expressly acknowledge and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from your use of Our Website. This release encompasses all claims arising under any legal theory, and persists notwithstanding any advice or notice to the Company of the potential for such damages.
11.3 The Company specifically disclaims any liability for claims, damages, losses, liabilities, costs, or expenses arising from the use of Our Website by any third party, whether these claims are based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not the Company is aware of the possibility of such damages. This disclaimer applies to, but is not limited to, claims stemming from the misuse of Our Website, infringement of intellectual property rights, or violation of third-party rights. The Company's exclusion of liability hereunder shall be enforced to the fullest extent as permitted by Hong Kong law.
11.4 This limitation of liability shall apply to the fullest extent permitted under applicable law.
12. Indemnification
12.1 You shall indemnify, defend, and hold the Company, its affiliates, officers, directors, employees, agents, licensors, successors, and assigns harmless from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these General Terms, or your use of Our Website, including, but not limited to, any use of Our Website's content, services, and products other than as expressly authorized in these General Terms or your use of any information obtained from Our Website.
12.2 This indemnity also extends to any issue arising from your negligence, willful misconduct, or breach of these General Terms. This indemnification obligation is comprehensive and extends to all forms of claims and is enforceable to the fullest extent permitted by the laws of the Hong Kong Special Administrative Region.
12.3 Your indemnification obligation shall survive the termination or discontinuation of your use of Our Website and shall include any costs incurred by the Company in enforcing this clause.
13. Modifications
13.1 The Company may modify these General Terms at any time without prior notice. Modifications will be effective immediately upon posting on our Website. Users are encouraged to regularly review the Privacy Policy for any changes.
13.2 The Users’ continued use of the Company’s services after any changes to these General Terms constitutes their acceptance of the revised terms. If users do not agree to the amended Terms, they should cease using the Company’s services.
14. Entire Agreement
14.1 These General Terms constitute the entire and sole agreement between the user and the Company with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
14.2 The Company and the user explicitly affirm that they will not be bound by any agreement, representation, warranty, or understanding, whether express or implied, that is not definitively set forth in these General Terms.
15. Severability
15.1 If any provision of these General Terms, or the application thereof to any person, place, or circumstance, is held to be invalid, unenforceable or void, the remainder of these General Terms and such provisions as applied to other persons, places, and circumstances shall remain in full force and effect.
15.2 To the extent permitted by law, the provision in question shall be modified in a manner that most closely matches the intent of the original provision.
16. Governing Law
16.1 These General Terms shall be exclusively governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. Any disputes arising out of or in connection with the use of Our Website or these General Terms shall be subject to the exclusive jurisdiction of the courts of Hong Kong Special Administrative Region.
16.2 By using this Website, you irrevocably consent to the exclusive jurisdiction of the Hong Kong courts in all disputes arising out of or related to the use of this Website or the interpretation of these General Terms.
17. Miscellaneous
17.1 Interpretation In these General Terms, unless the context requires otherwise,
(a) the singular includes the plural and vice versa;
(b) words denoting any gender include all genders ;
(c) reference to a person includes any individual, firm, body corporate, association, partnership, government authority, or other entity, whether or not having separate legal personali ;
(d) a reference to a party includes its successors and permitted assigns; ;
(e) any reference to a provision of law is a reference to that provision as amended or re-enacted from time to time;
(f) the headings and captions are for convenience only and do not affect interpretation.
17.2 Waiver The waiver by the Company of any breach or default of any provision of these General Terms shall not be construed as a continuing waiver of other breaches or defaults of the same or other provisions, nor shall any delay or omission on the part of the Company to exercise or avail itself of any right, power, or privilege that it has, or may have hereunder, operate as a waiver of any right, power, or privilege by the Company.
17.3 Assignment The rights granted to you under these General Terms are personal to you, and you may not assign, delegate, sub-contract, or transfer any of your rights or obligations without the prior written consent of the Company. Any purported assignment, delegation, or transfer in violation of this provision shall be null and void. The Company reserves the right to assign, delegate, or transfer its rights and obligations under these General Terms to any entity or person at its sole discretion, without any requirement to obtain your consent or to provide notice to you.
17.4 Language These General Terms have been executed in the English language. In the case of any conflict or divergence in interpretation between the English version and any translation of these General Terms into another language, the English version shall be authoritative and control the interpretation of the contractual relationship herein. Any translations provided are for convenience only and shall not be used to interpret or construe these General Terms.