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.
The Data We Collect
We request information in several areas of our website, including but not limited to, when you: submit application forms enquiry forms; comment forms; participate in our marketing programs; subscribe our e-newsletter. The types of Data we collect, depending on the specific service you request, including your title, name, email and telephone number. In case of your failure to provide the Data as requested from each specific service, we may be unable to deliver you the online services in full. We may use Personal Information you provided with any of our group of companies, including our parent companies and any of our subsidiaries or commonly-owned companies, to provide a service and inform you about products and services. If you have provided your E-mail address to us to make our products and services available to you, we may send you E-mail.
The Way We Use Your Data
We may use the Data you provided for one or more of the following purposes: To process your request on marketing campaign (s); To confirm your marketing event, program or membership registration; To fulfill your request when you use our online services; To contact you regarding your enquiries; For our own marketing purposes, such as sending you updates on our latest offers and promotions; For our own reference and record. We will not share the Data of users with outside party, except to the extent necessary to fulfil your request when using our online services. We use aggregate non-identifying information about our customers to better design our website. This means that we may provide this information to third parties. However, this information will never identify any single user in particular.
We may collect information regarding your IP address, browser type, domain name and access time. This information is used for our own research purposes to administer and assess the performance of this website. IP addresses are not personally linked to any personal information.
Our Commitment to Data Security
MUNCH has carried out appropriate physical, electronic and managerial measures to secure the Data we collect online. However, we cannot assure complete privacy & security during any communication between you and us. You should understand that personal information is disclosed at your own risk, and may be subject to unauthorized use by others. MUNCH is not responsible in any manner for direct, indirect, special or consequential damages, howsoever caused, arising from the communication of information to us.
We may occasionally send you email updates about our latest products and services. Should you prefer not to receive any email updates from us, feel free to opt out from these services by contacting us directly.
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.
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.
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.
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.
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.
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.
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.
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.
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.