TERMS OF SERVICE
- Your use of any services or products (also referred to as “offering”) offered by Apsara Digital Company Limited. is subject to the terms and conditions mentioned in this document, without prejudice to any additional terms which may be part of the agreement specific to the service that you wish to avail. Your agreement with Apsara Digital Company Limited will always include, at a minimum, the terms and conditions set out in this document.
- The terms “Apsara Digital”, “we”, “us”, “our” or any grammatical variation of the preceding terms shall refer to Apsara Digital Company Limited, whereas the terms “you”, “your” or any grammatical variation shall refer to our clients or the user of any of our interfaces including but not restricted to our websites or e-mails.
- Acceptance of Terms of Services
- You are expected to be aware of our terms of services prior to making use of our services. Your use of our websites or any other means of communication to interact with us shall be construed as your acceptance of our Terms of Service even if no transaction has taken place.
- In order to make use of our services you must agree to the terms laid down in this document. You may not make use of our services if you do not agree to our terms of service.
- Provision of the Offering by Apsara Digital
- Apsara Digital intends to provide you with the finest services and products and we would try to innovate our services with time. You acknowledge that the nature or the form of the services offered by us may change with time.
- You acknowledge and agree that Apsara Digital may stop (permanently or temporarily) providing the offering (or any features within the offering) with or without notice, generally at Apsara Digital’s sole discretion.
- You acknowledge and agree that while Apsara Digital may not currently limit your use of the offering in any way, it may do so if your use hinders with the ability of Apsara Digital to carry on its operations or the ability of other customers to use the offering.
- The supply of the offering will be subject to your making payments at the regular intervals in the manner as stated in the contract for the service. In the event of the service being permanently or temporarily stopped by us, Apsara Digital’s liability shall extend only to forfeiting the outstanding amount due for the current billing cycle. Apsara Digital shall not be called on to repay any amount received by us during any previous billing cycle.
- Apsara Digital shall not be responsible for any loss or damage caused by modification of the features, limitation of use of our offering or the discontinuation altogether thereof.
- Use of Apsara Digital’s Offering
- In order to access certain offering or for your continued use of the offering, you may be required to provide information about yourself. You agree that any information you give to Apsara Digital will always be accurate, correct and up to date. Apsara Digital shall not be liable for any loss or damage caused due to faulty information provided to us by you
- Unless you have been specifically permitted to do so in a separate agreement with Apsara Digital, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the offering for any purpose.
- You agree that you are solely responsible for any breach of obligations on your part of the Terms mentioned in this document or in any contract between you and Apsara Digital and for the consequences (including any loss or damage which Apsara Digital may suffer) of any such breach.
- We try to ensure that any confidential information provided by you is protected. You agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into Apsara Digital’s database, Apsara Digital shall not be made liable for the resulting damages.
- Security of your account
- Apsara Digital shall provide its services primarily through its websites. You might need to make use of a web-based account to make use of our services. You agree and understand that you are responsible to Apsara Digital and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the offering. You will be solely responsible for all activities that occur under your account.
- Apsara Digital will take due care to ensure the confidentiality of your credentials. You agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into Apsara Digital database, Apsara Digital shall not be made liable for the resulting damages.
- If you become aware of any unauthorized use of your password or of your account, you agree to notify the concerned personnel at Apsara Digital immediately.
- Content in the offering
- You should be aware that content presented to you as part of the offering, including but not limited to advertisements and promotional material of Apsara Digital or other companies, is protected by intellectual property rights which are owned by Apsara Digital, or the sponsors or advertisers who provide that content to Apsara Digital (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on this content (either in whole or in part) unless you have been specifically permitted to do so by Apsara Digital or by the owners of that content, in a separate agreement.
- Any content being disseminated using Apsara Digital’s sales network or the product, service or platform may be pre-screened, reviewed, flagged, filtered, modified or simply refused or removed. Any spam or pornographic material and / or any illegal content will be immediately deleted and we reserve the right to take appropriate legal action.
- You agree that you are solely responsible for (and that Apsara Digital has no responsibility to you or to any third party for) any content that you create, transmit or display while using our offering or for the consequences of your actions (including any loss or damage which Apsara Digital may suffer) by doing so.
- You understand that by using the offering you may be exposed to content of other users that you may find offensive, indecent or objectionable and that, in this respect, you use the offering at your own risk. Apsara Digital shall not be made responsible for any repugnant content circulated on its offering by other users. On noticing any such content, it is your duty to bring it to the attention of Apsara Digital employees immediately.
- Intellectual Property Rights
- You acknowledge and agree that Apsara Digital owns all legal right, title and interest in and to the offering, including any intellectual property rights which subsist in the offering (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the offering may contain information which is designated confidential by Apsara Digital and that you shall not disclose such information without Apsara Digital’s prior written consent. Unauthorised use of our trademark, logos etc shall be punishable under appropriate Hong Kong laws.
- You additionally agree that in using the offering, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. Services obtained from Apsara Digital through unauthorized use of such trademarks, service mark etc shall be considered as forgery.
- Apsara Digital acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these terms in or to any content that you submit, post, transmit or display on, or through, the offering, including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Apsara Digital, you agree that you are responsible for protecting and enforcing those rights and that Apsara Digital has no obligation to do so on your behalf.
- Apsara Digital gives you a Personal Non-Exclusive license to use the interface provided to you by us as part of the offering. This license is for the sole purpose of enabling you to use and enjoy the benefit of the offering as provided by Apsara Digital, in the manner permitted by these terms.
- The source code of the interface provided by us is protected under various Hong Kong laws. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the interface or any part thereof.
- Unless Apsara Digital has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the service or otherwise transfer any part of your rights to use the service.
- The payment mode for the offering may be either fixed, invoice based or recurring. The payment cycle will be in the manner decided at the discretion of Apsara Digital.
- Termination of your relationship with Apsara Digital
- The Terms will continue to apply until terminated by either you or Apsara Digital as set out below.
- Apsara Digital may at any time, terminate its legal agreement with you if:
- you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or
- Apsara Digital is required to do so by law (for example, where the provision of the offering to you is, or becomes, unlawful).
- When these terms come to an end, all of the legal rights, obligations and liabilities that you and Apsara Digital are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.
- Refund Policy
- Apsara Digital does not offer a refund policy, services purchased cannot be refunded.
- Charges for the month may be refunded if Apsara Digital is unable to provide the services offered and described on this website.
EXCLUSION OF WARRANTIES
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED ON AN “AS IS‟ AND “AS AVAILABLE‟ BASIS.
- IN PARTICULAR, APSARA DIGITAL DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE OFFERING WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND APSARA DIGITAL WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APSARA DIGITAL OR THROUGH OR FROM THE OFFERING SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- APSARA DIGITAL FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF TRADE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liabilities
- SUBJECT TO OVERALL PROVISION IN CLAUSE 11 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT APSARA DIGITAL SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR OFFERING, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- ANY CHANGES WHICH APSARA DIGITAL MAY MAKE TO THE OFFERING, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE OFFERING (OR ANY FEATURES WITHIN THE OFFERING);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE OFFERING;
- YOUR FAILURE TO PROVIDE APSARA DIGITAL WITH ACCURATE ACCOUNT INFORMATION;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
Changes to the Terms
- Apsara Digital may make changes to the terms from time to time. Apsara Digital shall try to inform you of such changes as early as possible. Your continued use of the offering will indicate your acceptance of the modified terms.
- You understand and agree that if you use the offering after the date on which the terms have changed, or after the date by which you have to respond as per these terms has passed, Apsara Digital will treat your use as acceptance of the amended terms.
General legal terms
- The terms constitute the legal agreement between you and Apsara Digital and govern your use of the offering, but without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of (but excluding any offering which Apsara Digital may provide to you under a separate written agreement), and completely replace any prior agreements between you and Apsara Digital in relation to the offering.
- You agree that if Apsara Digital does not exercise or enforce any legal right or remedy which is contained in the terms (or which Apsara Digital has the benefit of under any applicable law), this will not be taken to be a formal waiver of Apsara Digital’s rights and that those rights or remedies will still be available to Apsara Digital.
- You and Apsara Digital agree that any dispute regarding agreement(s) between you and us shall be referred to arbitration. The arbitrator shall be appointed by Apsara Digital and the seat of arbitration shall be Hong Kong.
- Any other dispute or disagreement of a legal nature will also be decided in accordance with the laws of Hong Kong, and the Courts of Hong Kong shall have exclusive jurisdiction in all such cases.