Terms and Conditions
This website is provided by Proactive System Limited. (“We” or “the Company”)
Copyright © 2015 Proactive System Limited. All rights reserved.
We reserve the right, at its sole discretion, to change, modify, add or remove portions of these terms and conditions, at any time. It is your responsibility to check these terms and conditions periodically for changes. Your continued use of this website following the posting of changes will mean that you accept and agree to the changes. Additionally, by using this website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to this website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE.
THE COMPANY DOES NOT PROMISE THAT THIS WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEBSITE WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS WEBSITE AND/OR ANY THE COMPANY’S SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THIS WEBSITE OR ANY SERVICE PROVIDED IS TO STOP USING THIS WEBSITE OR ANY SUCH SERVICE.
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
- excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company's literature; and
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
The Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to this website, or any portion of this website, for any reason; (2) to modify or change this website, or any portion of this website, and any applicable policies or terms; and (3) to interrupt the operation of this website, or any portion of this website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will the Company be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if the Company has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms and Conditions, the Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of this website or any Content, the Company’s liability shall in no event exceed the greater of (1) the total of any fees with respect to any service or feature of or on this website paid in the six months prior to the date of the initial claim made against the Company, or (2) HK$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold the Company, its officers, directors, shareholders and employees, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the Company by any third party due to or arising out of or in connection with your use of this website.
Violation of These Terms and Conditions
The Company may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the Company’s rights or property, or the rights or property of visitors to or users of this website, including the Company’s customers. The Company reserves the right at all times to disclose any information that the Company deems necessary to comply with any applicable law, regulation, legal process or governmental request. The Company also may disclose your information when the Company determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that the Company may preserve any transmittal or communication by you with the Company through this website or any service offered on or through this website, and may also disclose such data if required to do so by law or the Company determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms and Conditions, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of the Company, its employees, users of or visitors to this website, and the public.
You agree that the Company may, in its sole discretion and without prior notice, terminate your access to this website and/or block your future access to this website if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of this website. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Company may have at law or in equity.
You agree that the Company may, in its sole discretion and without prior notice, terminate your access to this website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of this website or any service offered on or through this website, or (4) unexpected technical issues or problems.
If the Company does take any legal action against you as a result of your violation of these Terms and Conditions, the Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Company. You agree that the Company will not be liable to you or to any third party for termination of your access to this website as a result of any violation of these Terms and Conditions.
Void Where Prohibited
Although this website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on this website are available to all persons or in all geographic locations, or appropriate or available for use outside Hong Kong. The Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on this website is void where prohibited. If you choose to access this website from outside Hong Kong, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.
Collection and Use of Personal Information
Personal information is data that can be used to identify or contact a single person.
You may be asked to provide your personal information anytime you are in contact with the Company. You are not required to provide the personal information that we have requested, but, if you chose not to do so, in many cases we will not be able to provide you with our products or services or respond to any queries you may have.
Here are some examples of the types of personal information the Company may collect and how we may use it.
What personal information we collect
- When you create an account, an order or contact us, we may collect a variety of information.
How we use your personal information
- We use personal information to communicate with you on any update of our services.
Disclosure to Third Parties
We will not sell, share, or rent your personal information to any third party or use your e-mail address for third party unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
All major Credit/Debit Cards via PayPal is the acceptable methods of payment. Our Terms are payment in advance. All goods/service remain the property of the Company until paid for in full. Monies that remains outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank of Hong Kong Best Lending Rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed HK$30,000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Minimum 24 hours notice of cancellation required. Cancellation must be done on our website subject to confirmation in writing. Only those orders which are not completed are eligible for cancellation. A cancellation fee of HK$10 will be charged for every transaction to cover any subsequent administrative expenses.
If an order is cancelled, no matter intentionally or unintentionally, the fees paid less an administrative fee of HK$10 will be refunded to the buyer via Paypal.
Unless otherwise stated, the services featured on this website are only available within Hong Kong, or in relation to postings from the Hong Kong. All advertising is intended solely for the Hong Kong market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer this website, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party's websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company's services and the full content of this website.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Connect Us link on our website.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by the law of the Hong Kong Special Administrative Region of the People’s Republic of China. You agree to submit to the exclusive jurisdiction of the Hong Kong Court.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance of the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.