Terms of Use Agreement
The terms, conditions, and guidelines associated with the use of the services
(the "Services") provided by Goldlink International Limited ("MUNCH")
are set forth in this Terms of Use Agreement ("TOU"). Please read
this TOU carefully before you use the Services. By using the Services you
("you" or "your," as appropriate) agree to abide by
the terms, conditions, and guidelines set forth in this TOU.
Please note that MUNCH may update or change this TOU from time to time without
notice. Such changes will be effective on the date that such modified TOU
is posted on the MUNCH web site at http://www.munch.com.hk
(the "Site"). USE OF THE SERVICES AFTER SUCH CHANGES HAVE TAKEN
EFFECT CONSTITUTES ACCEPTANCE OF ALL CHANGES.
Please also note that if MUNCH determines at any time that you have abused
or violated any of these terms, conditions and guidelines, MUNCH reserves
the right to terminate the Site and Services immediately without notice.
Privacy Policy
MUNCH knows how important privacy is to its users and is committed to
honoring their privacy. You can review MUNCH 's privacy policy, which
is incorporated by reference into this TOU, at http://www.munch.com.hk
Links to Third-Party Sites
Some of the links on the Site will allow you to leave the Site. Third-party
sites to which the Site may link ("Third-Party Linked Sites")
are not in any way under MUNCH 's control, and MUNCH DOES NOT ASSUME ANY
RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, CONTENT, COMMUNICATIONS,
SERVICES, GOODS OR OTHER MATERIALS AVAILABLE ON SUCH THIRD-PARTY LINKED
SITES OR FOR ANY CHANGES OR UPDATES TO SUCH SITES. Absent express language
to the contrary, MUNCH does not intend links contained on the Site to
be referrals to, or endorsements of, the Third-Party Linked Sites or the
entities that operate them, and such links are provided for convenience
only.
Disclaimer of Warranties
IN USING THE SITE AND/OR ANY THIRD PARTY LINKED SITE YOU AGREE THAT ALL
INFORMATION AND SERVICES IN SUCH SITES ARE PROVIDED "AS IS, AS AVAILABLE"
WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING
OR CUSTOM OF TRADE. YOU AGREE THAT YOU USE THE SITE AND/OR ANY THIRD PARTY
LINKED SITE AT YOUR OWN RISK. YOU FURTHER AGREE THAT MUNCH AND ANY OTHER
PARTY INVOLVED IN CREATING AND DELIVERING THE CONTENTS OR SERVICES OF
THE SITE AND/OR THIRD PARTY LINKED SITES HAVE NO LIABILITY FOR DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WITH RESPECT
TO THE INFORMATION, SERVICES OR CONTENT CONTAINED ON OR OTHERWISE ACCESSED
THROUGH SUCH SITES. YOU ACCEPT THE FACT THAT MUNCH IS ONLY PROVIDING YOU
WITH ACCESS TO CONTENT AND SERVICES AND THAT IT DISCLAIMS ALL WARRANTIES
RELATING TO AND ANY AND ALL LIABILITY ARISING FROM SUCH CONTENT OR SERVICES.
WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR ILLEGAL, UNAUTHORIZED,
OR IMPROPER USE OF INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED
USING THE SITE OR THE SERVICES. Some jurisdictions do not permit the exclusion
or limitation of implied warranties. Therefore, only if required by applicable
law, some or all of the exclusions or limitations above may not apply
to you.
General Disclaimer
THE SITE, ALL THIRD PARTY LINKED SITES, AND ALL SERVICES AND MATERIALS
PROVIDED IN SUCH SITES, ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL
FAULTS" BASIS, AND YOUR USE SUCH SITES, SERVICES, AND MATERIALS IS
AT YOUR OWN RISK. NEITHER MUNCH NOR ITS AFFILIATES, PARTNERS, AGENTS,
OR LICENSORS, IF ANY, MAKE ANY REPRESENTATION OR WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM
OF TRADE. NEITHER MUNCH NOR ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS,
IF ANY, MAKE ANY REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE,
COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. NEITHER MUNCH ITS AFFILIATES,
PARTNERS, AGENTS, OR LICENSORS, IF ANY, MAKE ANY REPRESENTATIONS OR WARRANTIES
THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE,
(2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS,
(3) IS YEAR 2000 READY OR COMPLIANT, (4) IS SECURE, OR (5) WILL BE AVAILABLE
AT ANY TIME OR FROM ANY LOCATION. NEITHER MUNCH NOR ITS AFFILIATES, PARTNERS,
AGENTS, OR LICENSERS, IF ANY, MAKES ANY WARRANTY OR REPRESENTATION REGARDING
(1) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE
SITE, (2) ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES
OR THE SITE, OR (3) THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. YOU
ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE
TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE
BY VIRTUE OF YOUR USE OF THE SITE. Some jurisdictions do not permit the
exclusion or limitation of implied warranties. Therefore, only if required
by applicable law, some or all of the exclusions or limitations above
may not apply to you.
Limitation of Liability
IN NO EVENT WILL MUNCH, ANY OF ITS PARTNERS, PROVIDERS, AFFILIATES, INCLUDING
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY
THE "COVERED PARTIES"), BE LIABLE FOR ANY DAMAGES (INCLUDING
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA
OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR
THE RESULTS OF USE OF THE SITE, THE SERVICES AVAILABLE ON THE SITE, ANY
WEB SITES LINKED TO SUCH SERVICES, THE MATERIALS OR INFORMATION CONTAINED
AT ANY OR ALL SUCH SITES OR AT BULLETIN BOARDS AVAILABLE THROUGH SUCH
SITES, OR THE CONTENT ANYWHERE ON THE INTERNET. THIS LIMITATION OF LIABILITY
APPLIES TO ALL CLAIMS OR DAMAGES ARISING FROM THE CIRCUMSTANCES DESCRIBED
IN THIS PARAGRAPH REGARDLESS OF WHETHER ANY SUCH CLAIM IS BASED ON WARRANTY,
CONTRACT, INFRINGEMENT, DEFAMATION, MISAPPROPRIATION OR ANY OTHER TORT
OR LEGAL THEORY AND REGARDLESS OF WHETHER MUNCH HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion
or limitation of liability. Therefore, only if required by applicable
law, some or all of the exclusions or limitations above may not apply
to you.
Termination
MUNCH may terminate the Services and access to this Site at any time without
notice in its sole discretion. In the event of a termination, the disclaimers
and limitations of liabilities set forth in this TOU shall survive. Users
who violate this TOU may additionally incur criminal and/or civil liability.
MUNCH may refer violators to civil or criminal authorities for prosecution,
and will cooperate fully with applicable government authorities in connection
with its investigations of any suspected civil or criminal violations.
Proprietary Rights.
Trademarks
The MUNCH trademarks, logos and service marks displayed on these sites
are registered or unregistered trademarks of GOLDLINK
INTERNATIONAL LIMITED or its affiliates. Nothing contained on the site
shall be construed as granting, by implication, estoppels or otherwise,
any license or right to use any MUNCH trademark displayed on this site
with or without MUNCH's prior written permission. The design and layout
of the Site, and all other Web sites owned, operated, licensed, or controlled
by MUNCH or its subsidiaries, if any, are protected as trade dress and
may not be copied or imitated in whole or in part. No logo, graphic,
sound, image, or animation from the Site may be copied or retransmitted
unless expressly permitted by MUNCH. Other product and company names
mentioned herein may be the trademarks of their respective owners.
Copyright
All materials on the Site are copyrighted and are protected under Hong
Kong copyright laws, as well as protected by the copyright laws of other
countries and jurisdictions and international treaties. All of MUNCH's
materials may not be reproduced, copied, distributed, adapted, displayed,
edited, published, transmitted, or downloaded in any way without MUNCH
's express written permission. MUNCH reserves all rights not expressly
granted herein.
General
You may create a bookmark in your browser to the home page of the Site.
All rights not expressly granted in this Agreement are reserved to us.
No other rights or licenses, whether express, implied, arising by estoppels,
or otherwise are conveyed or intended by this Agreement
Indemnity
You agree to indemnify, defend and hold harmless MUNCH, its telecommunications
providers and service providers and its subsidiaries, affiliates, officers,
directors, employees, consultants and agents, if any, from any and all
third-party claims, liability, damages and costs (including, but not limited
to, attorneys' fees) due to or arising from (i) your use of the Services
and/or the Site, (ii) any content you post, email, transmit, or relay
by use of the Services or to MUNCH, a Third-Party Linked Site, and/or
the Site, (iii) your violation of the TOU, or (iv) your infringement of
any intellectual property or other right of any person or entity.
Changes to the Site and the Service
MUNCH reserves the right to change, suspend or discontinue any aspect
of the Services or the Site at any time, including the availability of
any of the Site features, delivery services, databases or content. MUNCH
may also impose limits on features or restrict access to parts of the
Site.
Applicable Laws
Both you and MUNCH agree that the laws of Hong Kong, without regard to
the conflicts of laws principles thereof, will govern all matters relating
to use of the Site. MUNCH makes no representation that materials on the
Site are appropriate or available for use in other locations, and accessing
them from territories where their contents are illegal is prohibited.
Those who choose to access the Site from other locations do so on their
own initiative and are responsible for compliance with local laws. This
Agreement is personal to you, and you may not assign your rights or obligations
to anyone.
General Terms
If any provision(s) of the TOU is found to be contrary to law, then such
provision(s) shall be construed, as nearly as possible, to reflect the
intentions of the parties with the other provisions remaining in full
force and effect. MUNCH 's failure to exercise or enforce any right or
provision of the TOU shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by MUNCH in writing. The section titles
of the TOU are solely used for the convenience of the parties and have
no legal or contractual significance. The TOU constitutes the entire agreement
between the parties with respect to the subject matter hereof and supersedes
and replaces all prior or contemporaneous understandings or agreements,
written or oral, regarding such subject matter. Any waiver of any provision
of the TOU will be effective only if expressly made in writing and signed
by MUNCH.
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