References to “you” or “your” means you, the person or entity who is accessing or viewing this website, and references to “we“, “us“, “our“, “Fung Academy” or “Fung Academy Limited” means Fung Academy Limited and each of its affiliates, subsidiaries and parent companies.
1. Your Undertakings
You agree that you will not use this website or any data, material or information made available on or through this website, in any format whatsoever, including (without limitation) any data files, text, computer software, images, graphics, photos, video clips, sound, audio files, directories or databases (“Website Content“):
- in any way that breaches any applicable laws, regulations, codes, guidelines or orders;
- in any way that contravenes or infringes upon any of our rights or any third party’s rights (including any Intellectual Property Rights, as defined below);
- to send, communicate or engage in any harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene or menacing behaviour, or behaviour that causes annoyance, inconvenience, needless anxiety or is intended to deceive.
- for any purpose not expressly permitted by the terms of this Disclaimer or Privacy Statement.
You agree not to take any action or allow any third party to take any action that would interfere with or disrupt this website, or the servers and networks through which this website is operated, or which would enable you, or any third party, to gain unauthorised access to, or to tamper with or use any of our computer systems or networks.
You agree not to disclose, distribute, use, copy or compile any personal data or contact information made available on this website for any purpose (including, without limitation, to send any marketing materials) not expressly permitted by this website, unless you receive our express prior consent to do so.
2. Warranties and Disclaimers
All information contained on this website is intended for reference only. Fung Academy does not guarantee the truth, accuracy, completeness or timeliness of the information, and accepts no liability (whether in tort, contract or otherwise) for any loss or damage howsoever arising from or in reliance on the content of this website.
Although this website includes links to other third-party websites, Fung Academy has not participated in the development of those other sites and does not monitor or exert any editorial or other control over those websites. Access to and use of such other websites is at the user’s own risk. Fung Academy is not responsible for and makes no representations or warranties with regard to such other websites, or any content or information contained in those websites. Links to and from this website do not constitute an endorsement or recommendation by Fung Academy of the third parties or their products/services.
Fung Academy does not warrant the security of any information which may be provided to any third party and is not responsible for any loss or damage suffered as a result of any access to or interaction with any other websites via this website.
This website is provided “as is” and “as available”. To the fullest extent permitted by law, Fung Academy expressly excludes any warranty or representation of any kind, either express or implied, including but not limited to any implied warranties or implied terms of merchantability, satisfactory quality, fitness for purpose or non-infringement. Without prejudice to the foregoing, Fung Academy does not warrant that the operation of this website will be uninterrupted, secure or error free or that this website will be free from any viruses, worms or any other anomalies.
Any materials, including Website Content, downloaded or otherwise obtained or accessed through this website is at your sole risk and discretion, and you shall be solely responsible for any damage to your computer system or other devices or loss of data that results from such.
3. Limitation of Liability
To the maximum extent permitted by applicable law, we shall not be liable to you in contract, tort or otherwise for any losses, damages, claims, judgments, actions, costs, legal fees, expenses, fines or penalties, whatsoever (including, without limitation, any special, indirect, direct, punitive, incidental or consequential losses, loss of business, loss of data or loss of profit), which may arise in relation to this website or the Website Content, irrespective of whether or not we were advised of or should have been aware of the possibility of such losses.
4. Intellectual Property Rights
All Intellectual Property Rights in this website and the Website Content belong to Fung Academy. You have no right to use any of our (or our licensors) trade names, trade marks, service marks, logos, copyright, domain names or any other Intellectual Property Rights.
You may not distribute, modify, transmit, copy or use any Website Content in any manner for public or commercial purposes without prior written permission from Fung Academy. The products, technology or processes described on this website may be the subject of other Intellectual Property Rights owned by Fung Academy or by other third parties. No licence is granted to you in respect of those Intellectual Property Rights.
Without prejudice to the rest of this Clause 4, all marks which are identified with the symbol ® or ™ are trade or service marks belonging to and used by Fung Academy. Use of such marks is prohibited without the prior written consent of Fung Academy.
For the purposes of this Disclaimer and Policy Statement, “Intellectual Property Rights” shall mean any copyright, trade marks, service marks, logos, trade names, corporate names, Internet domain names, patents, registered designs, database rights, rights in designs, topography, know-how, trade secrets or any similar right or proprietary right, whether registered or not, and all applications or rights to apply for the same (where such applications can be made), whether presently existing or created in the future, anywhere in the world, and all benefits, privileges, or rights to sue, recover damages and obtain relief for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
5. Changes to the Disclaimer and Privacy Statement
6. Changes to this Website
We may, in our sole discretion and at any time, without notice to you, add to, amend, remove, alter, suspend or terminate this website or any Website Content.
- Governing Law and Jurisdiction
- Entire Agreement