PLEASE READ THESE TERMS OF USE (TERMS) AS THEY APPLY TO YOUR USE OF AND ACCESS TO THIS WEBSITE (WEBSITE)

Please discontinue using our Website immediately if you do not to accept our Terms in full.

The Website presents information, data, content, news, reports, programs, video, audio and other materials and services including email alert service, communications, transmissions and other items, tangible or intangible (Information).

Change of Terms   
FitzGerald Lawyers may change the Terms from time to time in our sole discretion without any notice or liability to you. If you continue to use the Website following such changes, you agree to be bound by them.

Changes to Website   
We may at our absolute discretion and without prior notice to you add to, amend or remove material from the Website or alter the presentation, substance or functionality of the Website.

Access to Website
Access to the website is permitted on a temporary basis. We may suspend access to the Website or close it indefinitely. We will not be liable if for any reason our Website is unavailable at any time.

We reserve the right at all times to restrict or deny your access to the Website or any part of it immediately and without notice where we are of the opinion that you have breached the Terms or that such prohibition or denial is appropriate, desirable or necessary in our opinion.

Your conduct on the Website  
As a condition of your use of the Website, you may not: 

  • attempt to gain unauthorised access to our Website, trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers and/or any data areas for which you have not been authorised by us;
  • attack the Website by means of a denial of service or a distributed denial of service attack;
  • restrict or inhibit any other user from using and enjoying the Website;
  • post or transmit any unlawful, fraudulent, libellous, defamatory, pornographic, obscene, profane, threatening, abusive, hateful, offensive or otherwise objectionable or unreasonable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or foreign law;
  • post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding;
  • post or transmit any information or software which contains a virus, trojan, worm, logic bomb or other malicious or technically harmful component;
  • post, publish, transmit, reproduce, distribute or in any way exploit any Information obtained through the Website for commercial purposes; or
  • upload, post, publish, transmit, reproduce or distribute in any way any component of the Website itself or any Information obtained through the Website which is protected by copyright or other proprietary right or create derivative works without our prior written permission.

You have no rights in or to the Information and you will not use the Information except as set out in these Terms.

Third party information 
The Information may be provided by third parties or sourced by us from news agencies, business information sources, press releases or other references or sources. We are not responsible if any such Information is not up-to-date, accurate or reliable. Any use of and reliance on such Information by you is at your own risk.

Links to and from the Website   
The links on the Website may take you to other sites. You acknowledge and agree that we have no responsibility for the accuracy or availability of any Information provided by any linked websites or for any loss or damage that may arise from your use of them.  

We do not endorse linked websites or the Information, products, advertising or other materials available on them.

Intellectual property rights
All intellectual property rights subsisting in respect of the Website belong to us or have been lawfully licensed to us for use on the Website. We reserve all rights under applicable laws. You may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or create any derivative works without our prior written consent.

You agree that we may use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us (Feedback) in connection with the Website without limitation or any payment to you. You waive any rights and claims for any consideration, fees, royalties, charges and/or other payments by you in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.

Limited liability and warranty 
All Information is for your general reference only. We do not accept any responsibility whatsoever in respect of such Information.

YOUR ACCESS TO AND USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED 'AS IS,' 'AS AVAILABLE.' THE WEBSITE IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US, OUR WEBSITE OR BY ANY EXTERNAL LINK.

We do not guarantee or assume any responsibility that:

  • Information on the Website is accurate, adequate, current or reliable or may be used for any purpose other than for general reference;
  • Information on the Website is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
  • messages sent through the internet will be free from interception, corruption or loss;
  • access to the Website will be available or be uninterrupted; or
  • defects in the Website will be corrected.

In no event shall we be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, the Information even if we have been advised of the possibility of such damages. 

You will exercise and rely solely on your own skill and judgment in your use and interpretation of the Information. You are responsible to ensure that your use of the Information complies with all applicable legal requirements.

The limitation of liability contained in these Terms will apply to the fullest extent permitted by applicable laws.

Indemnity 
You agree to defend, indemnify and hold us, our employees, agents, officers, directors, contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees) in connection with or arising from your breach of these Terms and/or your use of the Website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action. 

Partial invalidity
The illegality, invalidity or unenforceability of any provision of these Terms under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

Miscellaneous
No waiver of any breach under these Terms will amount to a waiver of any other breach. The headings in these Terms are for convenience only and do not affect interpretation.

Governing law and jurisdiction
These Terms shall be governed by, and construed in accordance, with Hong Kong law.  

Any dispute, controversy, difference or claim arising out of or relating to the contract entered into between you and FitzGerald Lawyers in respect of use of and access to this Website in accordance with the Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the UNCITRAL Arbitration Rules in force when the notice of arbitration is submitted, as modified by the HKIAC Procedures for the Administration of International Arbitration. The law of this arbitration clause shall be Hong Kong.  The place of arbitration shall be Hong Kong. The number of arbitrators shall be one.   The arbitration proceedings shall be conducted in English.

Disclaimer
The materials contained in the Website are provided for general information purposes only and should not be construed as legal, accounting, financial or tax advice or opinion on any specific facts or circumstances and should not be relied upon in that regard. FitzGerald Lawyers accepts no responsibility for any loss which may arise from reliance on information contained in the Website. Please seek your own legal counsel concerning your own situation and any specific legal question that you may have.

This disclaimer of liability applies to any loss, damage or injury caused by any failure of performance, error, omission, interruption, deletion, defect, transmission blackout, incorrect data transmission, delay in operation or transmission due to internet traffic or otherwise, computer virus or other harmful item, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, caused by your computer or for breach of contract, tortious behaviour, negligence or under any other cause of action. You specifically acknowledge that FitzGerald Lawyers is not liable for any defamatory, offensive or illegal conduct of other users or their parties and that the risk of injury from the foregoing rests entirely with you.

The contents of other websites, services, goods or advertisements that may be linked from the Website are not maintained or controlled by FitzGerald Lawyers.  FitzGerald Lawyers is therefore not responsible for the availability, content or accuracy of other websites, services or goods that may be linked from or advertised on the Website. FitzGerald Lawyers does not:

  • make any warranty, express or implied, with respect to the use of the links provided on the Website;
  • guarantee the accuracy, veracity, reliability, completeness, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked from the Website; or
  • make any endorsement, express or implied, of any other websites, services, goods or advertisements that may be linked from the Website.

FitzGerald Lawyers is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Website. You understand that FitzGerald Lawyers and/or third party contributors (if any) to the Website may choose at any time to inhibit or prohibit their content from being accessed under these terms and conditions.

Under no circumstances including but not limited to negligence shall FitzGerald Lawyers, its suppliers, third party agents or any person or entity involved in creating, producing or distributing the Website be liable to you or for any third party claims or losses of any nature or direct, indirect, incidental, consequential, special, punitive or exemplary damages even if an authorised representative of FitzGerald Lawyers had been advised specifically of the possibility of such damages, arising from use of or inability to use the Website or any provision of the Terms such as but not limited to loss of revenue or anticipated profits or lost business.

© 2015 FitzGerald Lawyers