DISCLAIMER

CapitaLink Technology Limited, its holding companies, group companies, affiliates, directors, employees and shareholders (“IRLink” ”, “we”, “us” or “our”).), its sources and/or its third party data suppliers endeavour to ensure the accuracy and reliability of the information provided in any products or services of IRLink (including but not limited to app, cloud portal and website) (“IRLink Products”) but do not guarantee its accuracy or reliability and accept no liability (whether in tort or contract or otherwise) for any loss or damage arising from any inaccuracies or omissions.

Neither IRLink nor its sources and its third party data suppliers make any express or implied warranties (including, without limitation, any warranty or merchantability or fitness for a particular purpose or use) regarding the information in the IRLink Products. Neither IRLink nor its affiliates nor its sources and its third party data suppliers will be liable to any subscriber, user, visitor or any other party for any interruption, inaccuracy, error, or omission, regardless of cause, in the information in the IRLink Products or for any damages (whether direct or indirect, consequential, punitive, or exemplary) resulting from its use by any party.

The information and contents contained in the IRLink Products are based on the analyses and interpretations of publicly available information obtained from sources believed to be reliable. Such information have not been independently verified or checked and IRLink makes no guarantees to their accuracy, completeness, timeliness or correctness. The information on the IRLink Products should be used as references only with your own discretion. IRLink is not soliciting any subscriber, user or app/website visitor of IRLink Products to execute any trade. Any trades executed following the information on the IRLink Products are taken at your own risk for your own account. The information and contents on the IRLink Products are subject to change without notice. IRLink reserves the right, in its sole discretion but without any obligation, to make improvements to, or correct any error or omissions in any portion of the IRLink Products at any time. The subscriber, user or app/website visitor of the IRLink Products agrees not to reproduce, retransmit, disseminate, distribute, broadcast, publish, circulate, sell or commercially exploit the information and contents on the IRLink Products in any manner without the express written consent of IRLink. IRLink Products may point to other sites that may be of interest to the subscriber, user or app/website visitor but for which IRLink has no responsibility and only provides this as a service to the subscriber, user or app/website visitor.

IRLink is not the service provider of the trading platform and shall not be liable to the subscriber, user or app/website visitor for, including but not limited to, the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the trading platform.

IRLink does not represent or endorse the accuracy or reliability of any information, advertisements or contents contained on, distributed through, or linked, downloaded or accessed from any of the services on the IRLink Products. IRLink cannot and does not guaranty the quality or reliability of any products or information purchased or obtained by you as a result of an advertisement or any other information displayed on the IRLink Products.

In order to provide you with the most and best possible information, IRLink will keep the relevant records produced automatically by the server when you are using, browsing or making inquiries on the IRLink Products, including but not limited to: user profile details, IP address for the connecting device, geographic location, device information, browsing period, the browsers you have used, and data you have browsed and selected, etc. The business partner(s) of IRLink may get access to the records in an appropriate form of technology for business purposes.

To the maximum extent permitted by applicable law, in no event shall IRLink, its suppliers, contractors or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential, economic or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the IRLink Products . Under no circumstances will IRLink be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the IRLink Products or user account or the information contained therein. To the maximum extent permitted by applicable law and without limiting any other term of this agreement, IRLink assumes no liability or responsibility for any:

  • Errors, mistakes, or inaccuracies of content;
  • Personal injury or property damage, of any nature whatsoever, resulting from your access to, and use of, the IRLink Products ;
  • Any unauthorized access to, or use of, our secure servers and/or any and all personal information stored therein;
  • Any interruption or cessation of transmission to or from the IRLink Products;
  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the IRLink Products by any third party;
  • Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the IRLink Products; and/or
  • User content or the defamatory, offensive, or illegal conduct of any third party.

In no event shall IRLink, its suppliers, contractors or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, expenses or costs. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if IRLink has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in each applicable jurisdiction.

Privacy Policy Statement

GENERAL

This Privacy Statement (“Statement”) applies to all members, subscribers, users, web site/application visitors (“you” or “your”) of the IRLink Products.

We will occasionally update this Privacy Statement to reflect user feedback, changes in our services, and updates to applicable data privacy laws and regulations. If there are material changes to this Privacy Statement, we will notify you by posting a notice of such changes on the relevant IRLink Products before they take effect. We encourage you to periodically review this Privacy Statement to learn how IRLink is protecting your information.

We are committed to safeguard the privacy of individuals with respect to your personal data. We assure that our policies and practices, and those adopted by our affiliated companies and agents in relation to the collection, use, retention, disclosure, transfer, security and access of your personal data comply with the requirements under the Personal Data (Privacy) Ordinance (Chapter 486) (the “Ordinance”) under the laws of Hong Kong, as well as the relevant code of practice and guidance issued by the Office of the Privacy Commissioner for Personal Data, Hong Kong. The meaning of the term “personal data” adopted in this Statement is defined in the Ordinance.

In order to provide you with the most and best possible services and information, we will keep the relevant records produced automatically by the server when you are using, browsing or making inquiries on the IRLink Products, including but not limited to: user profile details, IP address for the connecting device, geographic location, device information, browsing period, the browsers you have used, and data you have browsed and selected, etc.

MEMBER DATA

“Member Data” is all data, including text, sound, software or image files that you provide, or are provided on your behalf, to us through your use of the IRLink Products. We make no claim of ownership in your Member Data. Except as provided in this Privacy Statement, we only use Member Data to provide and enhance the services we provide. We do not share your Member Data with any third parties except with your consent or in the circumstances described in the “Use of Your Information” section below. Without being provided with certain Member Data, we will not be able to provide you with our services.

PROFILE DATA

“Profile Data” includes user’s name, firm/employer, title, address/location, phone number, photograph, investor profile/role, investment focus email address, name card and other personal data and contact information that we may collect through your administration and use of the IRLink Products by you and others. Your login and use of the IRLink Products shall constitute your consent to collection of your Profile Data. Profile Data you provide as part of your IRLink profile may be used for the purpose of providing you with the IRLink Products and ensuring that the IRLink Products provide users with meaningful and useful information.

Without your Profile Data we will not be able to provide you with the IRLink Products. The collaborative and social features of IRLink work more optimally the more people actively communicate and share in their IRLink Account. For this reason, our service encourages users to send invitations and connection requests to others who are, or are not yet, on IRLink. If you choose to provide us with email addresses or other Profile Data of people inside or outside your organization, we will use that information to enable you and other users to invite those people to join the appropriate IRLink Account. In providing us with this third party Profile Data you warrant that you have consent to do so. We may also suggest contacts with which you may want to connect or add to your IRLink Account. If you choose to connect with them or add them to your IRLink Account, we will send them an invitation to connect with you or join your IRLink Account by sending an email or connection request on your behalf which may include your name, picture and other profile information. In addition, IRLink uses Profile Data to complete the transactions you request, administer your account, improve our services and detect and prevent fraud. We may also use Profile Data to contact you to provide information about new subscriptions, billing and important updates about our services, including information about security or other technical issues. We may also contact you regarding third-party inquiries as described in this Privacy Statement.

Subject to your contact preferences, we may also use Profile Data to contact you regarding information and offers about our service, other products and services or to request your feedback. If you do not wish to receive these communications, please send a written un-subscription request to us at info@irlink.com.hk.

USAGE DATA

We may use statistical data, analytics, trends and usage information derived from your use of IRLink Products (“Usage Data”). Usage Data includes, for example, records of individual user activities or actions (i.e.: follow, save, share, RSVP, etc.), aggregated quantitative information about active users, activity, topics, and groups. Some ways we use the Usage Data include operating, improving and personalizing the services and our offerings, as well as other IRLink products and services.

USE OF YOUR INFORMATION

We will not disclose Member Data, Profile Data, Usage Data or any other data we collect from your use of the IRLink Products (collectively, “your information”) outside of IRLink except as you direct, or as described in this Privacy Statement.

We partner with other companies (including but not limited to: financial public relations firm, listed companies, etc.) (“IRLink Partners”) to provide services under the IRLink Products. We may provide these companies with access to your information where necessary for providing the services under the IRLink Products. These companies are required to maintain the confidentiality of your information and are prohibited from using it for any purpose other than that for the IRLink Products.

We will not disclose your information to a third party (including law enforcement, other government entity, or civil litigant; excluding IRLink Partners) except as you direct or unless otherwise required by applicable law. Should a third party contact IRLink with a request for your information, we will attempt to redirect the third party to request the data directly from you. As part of that process, we may provide your basic contact information to the third party. If legally compelled to disclose your information to a third party, we will use commercially reasonable efforts to notify you in advance of a disclosure unless legally prohibited.

We will not substantively respond to data protection and privacy requests in respect of your information without your prior written consent, unless required by applicable law. Please note that our services may include links to or allow you to install third-party products and services of which such privacy practices may differ from that of our services. Your use of such products or services, and any information you provide to a third party, is governed by their privacy statements. We encourage you to review these other privacy statements.

We reserve the right to collect, retain and use your information for the following purposes:

  • in connection with any agreement, collaboration, partnership or joint venture with any third party to improve our services or generally done or concluded in the reasonable conduct of our business;
  • to provide and facilitate our services including but not limited to: verify your identity, process subscription application of our services, administer/manager your member account, handle enquiries submitted by you, facilitate event registration, targeted information distribution, etc.;
  • matching procedures, as defined under the Personal Data (Privacy) Ordinance (Cap. 486);
    to administer and manage our services;
  • to perform research or analysis in order for us to improve our products and/or services and for survey, marketing and promotional purposes;
  • to maintain and develop our business systems and infrastructure, including testing and upgrading of these systems; and/or
  • to assist in the prevention, detection or investigation of crime or possible criminal activities or as required by law.

ACCESSING, CORRECTING AND DELETING YOUR INFORMATION

You may access, correct or delete your information provided to us by using the tools within the IRLink services or by contacting support at info@irlink.com.hk Changes you make to your information on our service take immediate effect on your IRLink Account, but data will be retained in secure storage for a limited period afterward as part of our standard data backup process.

SECURITY

IRLink has implemented and will maintain certain technical and organizational measures, internal controls and information security routines intended to protect your information against accidental loss, destruction or alteration, unauthorized disclosure or access, or unlawful destruction.

CONTACT US

We welcome your comments. If you have questions about IRLink ’s privacy policy, or if you have other technical or other customer support questions, please contact us at info@irlink.com.hk.

TERMS OF SERVICE

This document explains the terms by which you may use the IRLink Products and/or the services of IRLink. By accessing or using the IRLink Products through or in connection with our services (“Service”), you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement (“Agreement”), whether or not you are a registered user of our Service.

We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on our website and indicate at the top of the page the date the Agreement was last revised.

Your continued use of the Service after any such changes constitutes your acceptance of the revised Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

USE OF THE SERVICE

IRLink provides a platform for: (1) investors and other buy side users (“Buy Side Users”) to receive and manage investor relations information (“IR Information”) such as: investor events, regulatory filing and news of listing companies and associated data; (2) financial public relations firm, brokers, listed companies and other sell side users (“Sell Side Users”) to create, distribute and manage IR Information.

IRLink grants you permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; (iii) you will not use the Service to advertise, negotiate or solicit offers or sales of securities, futures or other financial transactions; and (iv) you will otherwise comply with the terms and conditions of this Agreement. You will need to register with IRLink and create a “User” account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User’s account without that User’s permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, you must keep your account password secure and you must log out of each session after you are finished using the Service. You must notify IRLink immediately of any breach of security or unauthorized use of your account. IRLink will not be liable for your losses, including claims, actions, demands, liabilities, charges, debts, expenses (including, but not limited to, attorney’s fees), damages and costs, and including any consequential or indirect losses, economic losses or loss of profits, or loss of data (“Loss” or “Losses”), caused by any unauthorized use of your account; you shall be liable for the losses of IRLink or others due to such unauthorized use.

By providing IRLink your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.

You may use your preferences and notifications settings to opt out of many Service-related communications. We may also use your email address to send you other messages, including changes to features of the Service and special offers. We will provide you with the choice when the Service is first established as to whether you want to receive these communications. If at a later time you decide that you want to change your settings to receive or not receive such email messages, you may opt out or opt in by changing the preferences in your Notifications Settings or sending us an email notification at info@irlink.com.hk.

You agree not to collect or harvest any personally identifiable information, including account names, from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes.

You agree not to use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages.

IRLink may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in IRLink’s sole determination, you violate any term of the Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud or hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service. If your access is terminated, suspended other otherwise altered for any reason, you continue to be bound by this Agreement.

IRLink reserves the right to offer alternative and/or additional Services to certain administrative users, including administrators of Subscription Users, which may not be offered to general Users. You acknowledge that IRLink may charge a fee for the use of any Services, provided that IRLink notifies you of any such fee before you incur it. If you learn that a User is not authorized to be a member of any User account or is otherwise violating this Agreement, we encourage you to email info@irlink.com.hk and notify us. You agree you will not accuse any User of being unauthorized or of violating this Agreement unless you have actual knowledge.

USER CONTENT

Our Service allows Users to post IR Information, feedback, comments, questions, data, and other information (“User Content”). You are solely responsible for the User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of any User Content. In particular, you acknowledge that IRLink does not devise User Content and neither takes responsibility for it, nor endorses its accuracy. IRLink will not review, share, distribute, or reference any such User Content except as provided herein or in our Privacy Policy or as maybe required by law. Absent an Account Administrator (as defined below), all such User Content is owned by the User who posted it to the Service, although each User acknowledges and consents that upon the introduction of an Account Administrator into that User’s account, all related User Content will automatically become the property of the company to which the User belongs without any notice to Users of that account. If a User account has an Account Administrator, all such User Content is the property of the company to which the User account belongs (including all User Content posted to a specific Group or Groups within an Subscription account and all User Content created prior to the existence of the Account Administrator).

You should note that if you are no longer an eligible member of a multiple-User Subscription account (e.g., you cease to be employed by the relevant company that owns or controls the account), your access to all User Content you uploaded may be terminated, regardless of whether the network has an Account Administrator. Once a User is removed from an account, the content of that User remains on the Application and is the sole property of the company which administers that account.

You agree that any User Content that you post does not and will not defame IRLink or any third party, violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) and rights of publicity, confidentiality and privacy. You understand that publishing any User Content on the Service is not a substitute for registering it with any other copyright or trademark rights organization. For the purposes of this Agreement, “Intellectual Property Rights” means all intellectual property rights, including, but not limited to, patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, domain names, rights in circuit layouts and other intellectual property rights, whether or not such rights are registered or capable or being registered, as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. IRLink takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any Loss of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. You are solely responsible for obtaining all third party rights and permissions required for you to send, upload or otherwise make available User Content through the Service. IRLink is not responsible for any public display or misuse of your User Content. IRLink reserves the right to remove any User Content at any time for any reason. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that IRLink shall not be liable for any Loss you allege to or actually incur as a result of such User Content. You are solely responsible for your interactions with other IRLink Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. If you consider that any User Content infringes upon your legal rights, you may notify us of your complaint by email to info@irlink.com.hk and we shall take such reasonable action as we deem necessary.

OUR PROPRIETARY RIGHTS

Except for your User Content, the Service and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (“IRLink Content”), and all Intellectual Property Rights related thereto, are the exclusive property of IRLink. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the IRLink Content or any other materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose, or we may invite you, to submit comments or ideas about the Service, including, without limitation, about how to improve the Service or our products (“Enhancements”). By submitting any Enhancements, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place IRLink under any fiduciary or other obligation, that we are free to disclose the Enhancements on a non-confidential basis to anyone or otherwise use and profit from the Enhancements in any manner we consider appropriate, in each case without any compensation to you. You acknowledge that, by acceptance of your Enhancement submission, IRLink does not waive any rights to use similar or related Enhancements previously known to IRLink , or developed by its employees, or obtained from sources other than you.

PRIVACY

We care about the privacy of our Users. Our privacy policy can be accessed at www.irlink.com.hk or at the IRLink Products. By using the Service, you are consenting to have your personal data transferred to and processed in our data servers and centres.

You also acknowledge that the proper functioning of the Service requires that some User contact details (in accordance with the privacy settings on your personal profile) be published on our platform which is accessible to other Users of the Service. Users may be based in, and access your details from, anywhere in the world, and if you do not consent to such access you should not use the Service.

SECURITY

We have or shall have implemented certain technical and organizational measures, internal controls, and information security routines intended to secure your personal information and User Content from accidental loss, destruction or alteration; unauthorized disclosure or access; and unlawful destruction. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.

ADDITIONAL REPRESENTATIONS AND WARRANTIES

You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:

  • You are at least 18 years of age and you are a professional user, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
  • Your User Content and IRLink ’s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights, confidentiality rights and rights of publicity and you have obtained all required permissions and licenses from third parties.
  • In the case of posting or publishing User Content of IR Information by Sell Side Users, you have the full power and authority to post or publish such IR Information without infringing the rights of any third party.
  • You have the full power and authority to enter into this Agreement and to the extent that any entity is bound hereby, to bind such entity, this Agreement and performance of obligations under this Agreement do not and will not violate any other agreement to which you or such entity is a party; and this Agreement constitutes a legal, valid and binding obligation of you or any such entity.

THIRD-PARTY WEBSITES, ADVERTISERS OR SERVICES

IRLink may contain links to third-party content and websites or services that are not owned or controlled by IRLink. IRLink has no control over, assumes no responsibility for, and does not endorse the accuracy or completeness of, the content, privacy policies, or practices of any third party websites or services. Such content, policies and practices are likely to include information that has not been devised, verified or tested by IRLink or its officers, employees or agents. IRLink does not guarantee that the information, or the provision of the links to you, do not infringe third party rights. Access to and use of such websites and services may be subject to applicable terms and conditions.

If you access third party content or websites from IRLink, you do so at your own risk, and you understand that this Agreement and IRLink ’s Privacy Policy do not apply to your use of such services. You expressly relieve IRLink from any and all liability arising from your use of any third-party website or services or third-party owned content.

We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

INDEMNITY

You agree to defend, indemnify and hold harmless IRLink and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all Loss arising from: (i) your use of and access to the Service, including any data or work transmitted or received by you, or any data or work provided by you to IRLink for transmission or reception on your behalf; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, confidentiality or publicity or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of Hong Kong or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or(vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

NO WARRANTY

IRLink does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the IRLink service or through any hyperlinked website or service and IRLink will not be a party to, or in any way monitor, any transaction between you and third-party providers of products or services.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall IRLink, its affiliates, directors, employees, suppliers, contractors or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential, economic or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service. Under no circumstances will IRLink be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein. To the maximum extent permitted by applicable law and without limiting any other term of this agreement, IRLink assumes no liability or responsibility for any:

  • Errors, mistakes, or inaccuracies of content;
  • Personal injury or property damage, of any nature whatsoever, resulting from your access to, and use of, our service;
  • Any unauthorized access to, or use of, our secure servers and/or any and all personal information stored therein;
  • Any interruption or cessation of transmission to or from the service;
  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party;
  • Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or
  • User content or the defamatory, offensive, or illegal conduct of any third party.

In no event shall IRLink, its affiliates, directors, employees, suppliers, contractors or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, expenses or costs. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if IRLink has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in each applicable jurisdiction.

Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Hong Kong.

GENERAL

Governing Law. You agree that: (i) the Service shall be deemed solely based in Hong Kong; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over IRLink, either specific or general, in jurisdictions other than Hong Kong. This Agreement is governed by the law in force in Hong Kong S.A.R. You submit to the exclusive jurisdiction of the courts of Hong Kong S.A.R. in respect of any claim or dispute between you and IRLink arising from or in connection with this Agreement or from the Service. However, you agree that IRLink may institute proceedings in the courts of the place of your domicile or any other jurisdiction it considers appropriate. You waive any right you have to object to an action being brought in those courts.

Notification Procedures. IRLink may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hardcopy notice, or through conspicuous posting of such notice on our website, as determined by IRLink in our sole discretion. IRLink reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notifications described in this Agreement.

Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by IRLink via the Service, shall constitute the entire agreement between you and IRLink concerning the Service (although the owner of the account may also have agreed to be bound by the Subscription Terms). If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and IRLink ’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

IRLink does not, by reason of its giving approval or consent in relation to any matter, make or give any warranty or representation as to any circumstances relating to the subject matter of the consent or approval.

The rights and remedies of IRLink under this Agreement (or otherwise in relation to the Service) may be exercised even if it involves a conflict of duty or any person has a personal interest in their exercise.

The indemnities in this Agreement are continuing obligations, independent from the other obligations of the parties under this Agreement and continue after this Agreement ceases to have effect. It is not necessary for a party to incur expense or make payment before enforcing a right of indemnity under this Agreement.

Please Contact us at info@irlink.com.hk with any questions regarding this Agreement.