2. Description of service
Neway provides various different online resources for its customers, including various information packages, communication tools and online forums (the “Services”). You acknowledge and agree that the Services may include advertisements and that these advertisements are essential to the provision of the Services by Neway. You also acknowledge and agree that as a part of the Services, Neway may send to you certain messages, such as service announcements, administrative messages and Neway communication messages. These communications form part of the Services itself of which opt-out of receiving them is not an option. However, you may choose to opt out from receiving direct marketing information. Unless otherwise stated, any new features that augment or enhance the current Services (including any new products released) shall be subject to these Terms of Service. You acknowledge and agree that the Services are provided on an “as-is” basis, Neway is not liable for any timeliness, deletion, misdelivery or failure to save of the user’s communications or personalization settings. Neway reserves the right to suspend, without prior notice to you, the services (or any part thereof) for the repair, maintenance, upgrade or any other works that Neway deems appropriate. You agree not to make duplicates, retain copies, replicate, sell, trade, transfer or use any part of the Services (including your Neway account) for commercial purposes. Unless otherwise stated in these Terms of Service, no third parties may have any rights under these Terms of Service. For the avoidance of doubt, no third parties may claim any rights or enforce terms of these Terms of Service under the Contracts (Third Party Rights) Ordinance.
3. Your registration obligations
In consideration of using the Services, you agree to: (a) provide true, accurate, latest and complete information of yourself as required by the Service’s registration form (hereinafter referred as the “Registration Information”); (b) maintain and promptly update the Registration Information, in order to ensure that they are true, accurate, latest and complete. If you provide any information that is false, inaccurate, outdated, incomplete or misleading, or if Neway has reasonable grounds to suspect that the said information is false, inaccurate, outdated, incomplete or misleading, Neway may suspend or terminate your account and refuse all or any part of your current and future use of the Services. Neway is concerned about the safety and privacy of all users (especially children).
5. Member’s account, password and security
You shall receive an account and a password upon completion of the Service’s registration procedure. You are responsible for maintaining the confidentiality of your account and password. You are fully responsible for all activities of your account and password. You agree to the following: (a) you shall immediately notify Neway of any unauthorized use of your account or password or any other security issues, and (b) you will sign out of your account at the end of each session. Neway is not liable for any loss or damage caused by your failure to comply with this provision.
6. Conduct of general users and K-Fun members
You acknowledge that all information, data, texts, softwares, music, sounds, photographs, graphics, videos, messages, tags or other information (the “Contents”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such contents originated. This means that you, and not Neway, shall be solely responsible for all Contents uploaded, posted, sent through email, transmitted or otherwise provided through the Services. Neway has no control over the Contents posted through the Services and, hence, does not warranty the accuracy, completeness or quality of such Contents. You acknowledge that, when using the Services, you may be exposed to Contents that are objectionable, inappropriate, indecent or repulsive. In any case, Neway is not liable for any of the Contents, including but not limited to any mistakes or omissions in the Contents, or any loss or damage caused by the uploading, posting, sending through email, transmitting or otherwise providing of the Contents through the Services or the use thereof. You agree not to use the Services for the following purposes: (a) to upload, post, email or otherwise provide any Contents which are illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or morally, racially and/or demographically or otherwise objectionable; (b) to harm minors in any way; (c) to hide the source of the Contents by forging its headers or using other methods to change the processor identification utilities; (d) to disguise as any person, association or organization, including but not limited to staff of Neway, forum leaders, hosts, or lying, falsely or untruly stating or misrepresenting your affiliation with any person, association or organization; (e) to upload, post, email, transmit or otherwise provide any information which you are not entitled to provide under any law, contract or fiduciary relationship (for example: any inside, private, exclusive and confidential information obtained by you through employment relationship or under non-disclosure agreements); (f) to upload, post, email, transmit or otherwise provide any Contents that infringe any party’s patents, trade marks, commercial secrets, copyright or other exclusive rights (the “Rights”); (g) to upload, post, email, transmit or otherwise provide any unsolicited or unauthorized advertising letters, “direct marketing information”, “junk mails”, “spam”, “chain letters”, “pyramid schemes” or other conducts of solicitation (please read our anti-spam policy for details); (h) to upload, post, email, transmit or otherwise provide any materials that contains computer viruses or other computer codes, files or programs designed for interrupting, destroying, or limiting the functions of any computer softwares, hardwares or telecommunication equipment; (i) to disrupt the normal flow of dialogue, to cause the screen to scroll faster than other users of the Service, or to otherwise negatively affect the instantaneous communication of other users; (j) to intentionally or unintentionally interfere with or disrupt the Services, servers or to disconnect with the network of the Services, or to violate any network requirements, programs, procedures, policies or rules of the Services; (k) to intentionally or unintentionally breach any applicable local, national or international laws, including but not limited to any rules of any national or other securities exchange and any regulations that have the force of law; (l) to “stalk”, “track” or otherwise harass any other persons; and/or (m) to collect or store the personal data of other users in relation to the prohibited conducts or activities set forth in paragraphs (a) to (l) above. You acknowledge that Neway may or may not conduct a preliminary examination on the Contents, but Neway and its authorised persons are entitled (but not obliged) to conduct any preliminary examinations, refuse or move any Contents provided through the Services based on their own judgment. Without limitation to the foregoing, Neway and its authorised persons are entitled to remove any Contents that breach these Terms of Service or are otherwise offensive or objectionable. You agree that you are responsible to the Contents and the use of such Contents. You agree that you shall assess all Contents and the use thereof, including the accuracy and completeness of such Contents and the risk of relying on such Contents. You acknowledge that you may not rely on any Contents created by or submitted to Neway, including but not limited to information in the discussion forums and information from all the parts of these Services. You consent, acknowledge and agree that Neway may access, store and disclose the contents and information of your account if required by any laws or regulations, or when Neway honestly believes that it is reasonable to access, store and disclose the contents and information of your account for the following purposes: (a) to comply with all legal proceedings; (b) to enforce these Terms of Service; (c) to respond to any alleged claims concerning the infringement of third party’s rights by the Contents; (d) to respond to your requests to the customer services; or (e) to protect the rights, property and personal safety of Neway, its users and the public. You acknowledge that the technical processing and transmissions of the Services, including your Contents, may involve (a) transmission over different networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You acknowledge that the Services and the softwares installed to the Services may include security components that permit digital materials to be protected and that the use of these materials is subject to usage rules set by Neway or the content providers. You shall not attempt to overrule or avoid the usage rules embedded in the Services. Any unauthorized replication, publication, further distribution or public exhibition of the materials (or any part thereof) provided during the Services is strictly prohibited. When submitting your idea, suggestions documents or proposals to Neway through the recommendations and feedback section of the website, you acknowledge and agree that: (a) your contributions (the “Contributions”) do not contain any confidential or private information; (b) Neway does not have any express or implied confidentiality obligations in relation to the Contributions; (c) Neway has the right to publish, disclose (or not to publish or disclose) such Contributions in any media worldwide through any means; (d) Neway may have considered or be developing the things similar to your Contributions; (e) your Contributions will automatically become the property of Neway automatically and Neway does not owe you any obligations therefor; and (f) in any event, you are not entitled to receive any remuneration or compensation of any kind.
You agree to indemnify and hold Neway, its subsidiaries, branches, supervisors, agents, joint manufacturers or other associates and employees harmless from and against any claims or demands (including reasonable legal fees) made by a third party due to or arising out of the Contents provided, posted or transmitted by you, your use of the Services, your connection with the Services, your breach of these Terms of Service or your infringement against the rights of another.
8. Prohibition against resale of services
No part or parts of these Services and use of or access to the Services shall be reproduced, copied, sold, re-sold or otherwise used for commercial purposes.
9. Modifications to services
Neway is entitled to, with or without prior notice, at any time and from time to time, modify, suspend or terminate the Services (or any part thereof). You agree that Neway shall not be liable to you or to any third party for the modification, suspension or termination of the Services.
Neway may, at its absolute discretion and for any reason, including but not limited to the lack of use, or when Neway is in the opinion that you have breached the express provisions or the spirit of these Terms of Service, terminate your password, account (or any part thereof) or the use of the Services and remove and delete the Contents in the Services. Neway may, at any time, at its absolute discretion terminate the Services or any part thereof, without giving prior notice to you. You agree that the Services provided by Neway in accordance with these Terms of Service can be suspended or terminated without prior notice being given to you. You acknowledge and agree that Neway is entitled to, forthwith, close or delete your account and all relevant information and files therein, and/or prohibit the use of the files and the Services. In addition, you agree that Neway shall not be liable to you or any third party for the suspension or termination of access to the Services, or for the suspension or deletion of your account, or any relevant information and files therein.
11. Dealings with Advertisers
The correspondence or commercial dealings between you and the advertisers of or through the Services, or your participation in the promotional activities, including the payment and delivery of the relevant goods or services, and any relevant terms, conditions, warranties or statements in relation to the transactions are solely dealings between you and such advertisers. Neway shall not be liable for any loss or damage (of any nature) caused by or arising out of the dealings or the presence of such advertisers in the Services.
The Services or third parties may provide links to other World Wide Web sites or resources. Whereby Neway has no control over such sites and resources, you acknowledge and agree that Neway is not responsible for the availability of these external sites or resources and that Neway does not approve nor can it be held responsible for any Contents, advertisements, goods or other information existing or arising out of these sites or resources. You further agree that Neway is not, directly or indirectly, liable for any loss or damage caused by or alleged to be caused by the use of or reliance on or arising out of the Contents, products or services of the said sites or resources.
You expressly acknowledge and agree that: (a) The performance of the obligations in relation to the services provided in accordance to these Terms of Service by Neway is confined to providing you the relevant services with reasonable skill and care. These Terms of Service do not contain anything that would exempt or limit Neway’s liability for the death or personal injury caused by the negligence, fraud, or other conducts which liability cannot be limited or excluded under the applicable law. (b) Neway and its subsidiaries, branches, senior officers, employees, agents, partners and licensors make no warranty that (i) the Services satisfy and meet your needs; (ii) the Services will be uninterrupted, timely, safe and reliable or free of error; (iii) the results of using the Services are accurate and reliable; (iv) products, services, information or other materials purchased or obtained from or through the Services will meet your expectation; and (v) any errors in the software will be rectified. (c) You shall assess and be solely responsible for the risk of downloading or obtaining any materials through the use of the Services; you shall also be responsible for the loss or damage done to your computer system or the data therein caused by the foregoing. (d) Any oral or written advice or information provided to you by Neway or through or from the use of the Services, shall not constitute a warranty, unless these Terms of Service clearly provided otherwise. (e) A small number of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen while using the Service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you or anyone in your family have an epileptic condition, please consult your physician prior to using the Service. Please immediately discontinue using the Services and consult your physician if you experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
14. Limitation of liability
You clearly acknowledge and agree that Neway shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to the loss and damages in relation to profit, goodwill, use, loss of information and other intangible losses (even if Neway has been informed of the possibility of the damages resulting from the said loss and damage) resulting from : (i) the use or inability to use of the Services; (ii) any products, information, data or services purchased or obtained through or from the Services, or the receipt of such messages, or the purchase price for obtaining substitutes of the goods and services arising out of transactions; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party in relation to the Services; or (v) any other matter in relation to the Services (unless otherwise provided in other provisions of these Terms of Service).
We may provide you notice through email or regular mails. Any changes to these Terms of Service or any other matters may also be displayed in the notices or links in the notices.
16. Trade Mark Information
The Neway trade mark and the names of Neway’s products and services are all trademarks of the Neway company (hereinafter referred as the “Neway Trade Marks”). You may not display, use or deal with the Neway Trade Marks in any manner without the prior written consent of Neway. Neither may you state or claim that you have the right to display, use or deal with the Neway Trade Marks in any manner without the prior written consent of Neway.
17. General provisions
These Terms of Service constitute the entire agreement between you and Neway for the use of the Services and supersede all previous agreements between you and Neway in relation to the Services. You may also be subject to additional terms and conditions when using or purchasing certain Neway services, relevant services, or contents of third parties or their softwares. Nonetheless, when you become a Neway member and/or enjoy services provided by the Neway Group, you might be subject to further terms and conditions at the same time. Choice of law and jurisdiction These Terms of Service and the relation between you and Neway shall be governed by the laws of Hong Kong Special Administrative Region (regardless of any principles of conflict of laws). You agree to submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region. Waiver and severability
Neway’s non-exercise or non-enforcement of any of its rights or provisions of these Terms of Service shall not constitute a waiver of such rights or provisions. If any provision (or part thereof) of these Terms of Service is found by a court of competent jurisdiction to be void, that provision (or part thereof) shall be severed from these Terms of Service, and the other provisions of these Terms of Service shall remain in full force and effect.
You agree that your Neway account is non-transferable and shall be terminated upon your death, all contents therein may be permanently deleted. If an account showed no activities for a total of 7 years, the account holder is deemed to have abandoned his or her account and the account and its contents will accordingly be deleted permanently.
You agree that any claim or cause of action arising out of or in connection with the use of the Services or these Terms of Service shall be issued within 1 year after such claim or cause of action arising or else shall be forever barred, regardless of any provisions or laws providing otherwise.
Title of these Terms of Service
The titles to each provision of these Terms of Service are provided for convenience only and shall bear no legal or contractual effect.
Should you discover any breach of these Terms of Service, please contact our customer service team.