1. Browsing the Website or using the services provided by Rhythm Hong Kong through the Website is solely at your own risk. Rhythm Hong Kong will not be liable for any direct, indirect or consequential loss or damage of any kind (including loss of revenues, profits, business or data, in any way related to the Website), or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Website, or any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise (even if foreseeable), incurred by any person for any cause arising as a result of the use of or access to, or inability to use or access the Website, any use of or access to, or any inability to use or access any web sites linked to the Website, any donations concluded through the Website or any content posted on such websites (including any defamatory content or content which infringes intellectual property rights of any third party).
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under any applicable law.
2. The content displayed on this Website is provided “as is” without any express or implied warranty of any kind, including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose, and without any guarantees, conditions or warranties as to its accuracy. Rhythm Hong Kong does not guarantee that such content is error-free or without any defects. Rhythm Hong Kong is not responsible for the availability, content or services of other third party providers, online merchants or advertisers that may be linked to or posted within the Website. We do not provide any warranty or guarantee in respect of availability and/or uninterrupted use of the Website except that we will use our reasonable endeavours to rectify serious faults as soon as practicable.
3. Certain information on the Website is provided by external parties which do not necessarily represent the views of Rhythm Hong Kong. Rhythm Hong Kong takes no responsibility for the content of such information or any information on external web sites linked to the Website.
4. Although Rhythm Hong Kong intends to take reasonable steps to prevent the introduction of viruses, worms, “Trojan Horses” or other destructive materials to the Website, Rhythm Hong Kong and its affiliates, agents, licensors or other third party providers do not guarantee or warrant that the Website or content displayed on the Website (whether downloadable or not) from the Website do not contain such destructive features. Rhythm Hong Kong and its affiliates, agents, licensors or other third party providers are not liable for any direct, indirect or consequential loss or damage attributable to such destructive features. For the avoidance of doubt, any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer or loss of data that results from the download of any material from the Website or any third party websites linked to the Website.
5. Rhythm Hong Kong does not have authority to act for any third parties (including any third parties who process online donations through the Website). You agree that Rhythm Hong Kong will have no liability to you in relation to any dispute, payment or contract between you and any such third party.
6. We reserve the right to make changes to the Website at any time, and from time to time modify or discontinue temporarily or permanently the Website (or any part thereof) with or without notice to you.
7. General Information
(a) This Agreement has been prepared in English and Chinese. In the event of a conflict between the English and Chinese versions, the English version will prevail.
(b) This Agreement is governed by Hong Kong law and Hong Kong courts will have exclusive jurisdiction over any claim arising from, or in connection with the Website.
(c) This Agreement constitutes the entire agreement between you and Rhythm Hong Kong and governs your use of the Website, superseding any prior agreements between you and Rhythm Hong Kong with respect to the Website.
(d) The failure of Rhythm Hong Kong to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
(e) If you have any concerns about material which appears on the Website or if you wish to make a complaint concerning the use of any material or content contained in the Website or report any breach or violation of any of the provisions of this Agreement, please contact us by email at email@example.com
(f) If you wish to make any use of material on the Website, please address your request to firstname.lastname@example.org