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i-URBAN TERMS AND CONDITIONS i-URBAN USER REGISTRATION AGREEMENT The i-Urban Internet website (this “Website”) is owned and operated by i-Urban Limited (“i-Urban”), a subsidiary of Urban Property Management Limited, which provides property management services to private and public housing as well as commercial buildings in Hong Kong and China. The following are the terms and conditions with regard to your registration as registered user of this Website. Once you have become a registered user of this Website, you ("User") can enjoy various kinds of services offered from time to time by i-Urban ("Service") through this Website, including: 1. Estate Information and Notice 2. Traffic Information 3. Web Camera 4. News 5. Estate Facilities Booking 6. Estate Activities Booking 7. On-line Training Classes 8. On-line Shopping 9. Management Fee Settlement 10. On-line Game Zone 11. Internet Payment Gateway Facilities Should you have any questions or wish to clarify the meaning of any of these terms and conditions, please contact i-Urban by e-mail at cs@i-urban.com.hk prior to commencing or completing the user registration formalities. Upon becoming a User of this Website, User is bound by the terms and conditions of this Agreement. If you do not agree to this Agreement, please do not register nor use the Service. The Service is offered to User conditioned on User's acceptance without modification of the terms, conditions, and notices contained herein 1. ACCEPTANCE OF TERMS AND MODIFICATION 1.1 The Service is provided to User under the terms and conditions of this Agreement and any operating rules or policies that may be published by i-Urban from time to time whether through this Website or other media or notified to User pursuant to the terms hereof. This Agreement comprises the entire agreement between User and i-Urban and supersedes all prior agreements between the parties regarding the subject matter contained herein. 1.2 By accessing, browsing or using this Website, you agree to these terms, conditions and disclaimers as amended from time to time and acknowledge that you have read and understood these terms and conditions. By completing the registration process and clicking the "I accept" button, you are indicating your agreement to be bound by all of the terms and conditions of this Agreement with the express intention to create a legally binding contract and to assume legally enforceable commitments. 1.3 User may use the service provided by affiliated sites of i-Urban by using the user account of i-Urban. By using the service provided by any affiliated site of i-Urban, User agrees to be bound by all of the terms and conditions set forth in the user registration agreement of that affiliated site. 1.4 i-Urban may amend the terms and conditions of this Agreement from time to time by notice given pursuant to the terms hereof. Unless otherwise stated, any such amendment shall become effective upon publication or User being notified of the same. User's continued use of this Website or the Service after any amendment becoming effective shall constitute an affirmative: (1) acknowledgement by User of this Agreement and its modifications; and (2) agreement by User to abide and be bound by this Agreement and its modifications. 2. DESCRIPTION OF SERVICE AND MODIFICATION 2.1 i-Urban is providing User with a variety of services via the World Wide Web and on i-Urban's own system. User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Service and all charges related thereto. The right to use the Service is personal to User and is not transferable to any other person or entity. 2.2 The products and services offered by i-Urban are only available to individuals who (i) are at least 18 years of age, have legal capacity to make binding contracts and have become a registered User of this Website; or (ii) are minors at or above 10 years of age, have become a registered affiliated user of an adult User and have obtained the adult User’s permission to and acknowledgement of such affiliation by completing the registration formalities prescribed for such purpose. In giving his permission to and acknowledgement of the establishment of an affiliation with a minor User, the adult User agrees to be entirely responsible for all acts, conducts and transactions of the minor User with whom the adult User is affiliated as if they were the acts, conducts and transactions of the adult User. The adult User further undertakes to indemnify i-Urban and hold i-Urban harmless against all actions, claims, demands and proceedings and against all costs, charges, damages, expenses, liabilities and losses of whatever nature which i-Urban may suffer, incur or sustain in accepting the minor User as a permitted user of this Website. 2.3 i-Urban reserves the right to modify or discontinue any or all of the Service with or without notice to User. i-Urban shall not be liable to User or any third party should i-Urban exercise its right to modify or discontinue the Service. 3. LINKS TO OTHER SITES 3.1 This Website contains links to web sites maintained by other companies and organizations. i-Urban does not make any representation as to the accuracy of information contained on those web sites and will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those web sites. 3.2 This Website also contains third party advertisements (including banner ads and referral buttons), which contain embedded hyperlinks to web sites operated by third parties. All third party advertising is paid for by the relevant third party advertisers and the placement of third party advertisements on this Website does not constitute a recommendation or endorsement by i-Urban of the products or services advertised. The third party advertiser is solely responsible to User for any representations or offers made by it and for the delivery of any goods or services User agrees to purchase from any third party web site. 4. USER INFORMATION 4.1 In consideration for the Service, User agrees to : (1) provide certain current, complete, and accurate information about User upon registration and (2) maintain and update this information as required to keep it current, complete and accurate. 4.2 All information provided by User when User signs up to become a registered user (including any subsequent amendment thereto) or which User provides when requesting a Service or initiates or completes any transaction through this Website is referred to in these terms and conditions as "User Information". When User provides or amends any User Information, User represents and warrants that all of the information provided or as amended is true and correct and agrees to indemnify i-Urban on demand for any losses, cost expenses or damages that i-Urban may suffer if any of this information is incorrect or misleading. 4.3 If any information provided by User is inaccurate, i-Urban retains the right to terminate User's registration and rights to use the Service. 5. PRIVACY POLICY 5.1 It is i-Urban's policy to respect the privacy of its Users. i-Urban will not monitor, edit, or disclose any personal information about User or User's use of the Service, including its contents, without the prior permission of User unless i-Urban has a good faith belief that such action is necessary to: (1) conform to the order of the law or comply with legal process served on i-Urban; (2) protect and defend the rights or property of i-Urban; (3) enforce the terms of this Agreement or (4) act to protect the interests of its users or others. i-Urban does provide certain user information in aggregate form to third parties, including its advertisers, for demographics. 5.2 User should review the i-Urban Privacy Policy Statement for further information concerning the collection and usage of User Information. User grants to i-Urban the right to disclose aspects of the User Information as expressed in the i-Urban Privacy Policy Statement. 5.3 User acknowledges and agrees that i-Urban neither endorses the contents published by any User through using the Service nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. 5.4 User acknowledges and consents to the disclosure by i-Urban to any law enforcement agency in any jurisdiction that is investigating any breach or suspected breach of any law in any jurisdiction of User’s identity or other User Information, upon being requested to do so by that law enforcement agency. 6. USER I.D., PASSWORD, AND SECURITY 6.1 User can create a private User Login Name and a password for User's account. User is entirely responsible for maintaining the confidentiality of User's Login Name, password and any other information of User's account. Furthermore, User is entirely responsible for any and all activities which occur under User's account. User may change User's password at any time by following instructions prescribed by i-Urban. 6.2 User agrees to immediately notify i-Urban of any unauthorized use of User's account or any other breach of security known to or suspected by User. 7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 7.1 User expressly agrees that use of the Service is at User's sole risk. The Service is provided on an "as is" and "as available" basis. 7.2 i-Urban expressly disclaims, to the fullest extent permitted by law, all warranties of any kind, whether express or implied, including, but not limited to, warranties of title, implied warranties of merchantability, fitness for a particular purpose and non-infringement. 7.3 i-Urban gives no warranty that the Service will meet User’s requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor does i-Urban give any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information or content obtained through the Service or that defects in the software will be corrected. 7.4 i-Urban gives no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the service. 7.5 The disclaimer of liability herein contained applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. 7.6 In no event shall i-Urban, or any person or entity involved in creating, producing or provision of any goods or services through the Service be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Service or for cost of procurement of substitute goods and service or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Service or resulting from unauthorized access to or alteration of User's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if i-Urban has been advised of the possibility of such damages. 7.7 User acknowledges that User and other users of i-Urban may post contain materials on the site through the Service. i-Urban has not edited or reviewed any of the aforesaid materials. i-Urban shall not be responsible and liable to any losses and damages arising from the materials provided or posted by users. Unless stated otherwise, the materials contained in this Website shall not represent any view or opinion of i-Urban. 7.8 Any party engaging in illegal activities involving the use of this Website, including (but not limited) to gambling or running of lotteries, will be subject to civil and criminal prosecution. i-Urban reserves the rights to claim against such party for any loss or damages which i-Urban may suffer, directly or indirectly, as a result of any such illegal use or activities. i-Urban cannot guarantee that it can always notice or be able to prevent any illegal or inappropriate use of this Website, nor can i-Urban guarantee that it can give notice or warning in respect thereof. 7.9 i-Urban shall not be liable to User or any other party for any loss, which User may suffer as a result of any illegal or improper use of this Website by any user or any other customer or party. 7.10 i-Urban does not represent that any information (including any file) obtained from or through this Website is free from computer viruses or other faults or defects. It is the User’s responsibility to scan any such information for computer viruses. i-Urban will not be liable to User or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any applicable law that cannot be excluded imposes any liability on i-Urban, that liability shall be limited to the cost of re-supplying that information. 8. NO RESALE OR COMMERCIAL USE OF THE SERVICE 8.1 User's right to use the Service is personal to User. User may only be an individual. User may not be a corporation or other business entity. User agrees not to resell or make any commercial use of the Service, without the express consent of i-Urban. 9. E-MAIL SERVICE 9.1 Email Service has been ceased to operate on 1st July 2010. 10. USER’S CONDUCT 10.1 As a condition of User's use of the Service, User warrants to i-Urban that User will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions or notices. User is solely responsible for the contents of his or her transmissions through the Service. 10.2 User agrees to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under User's account or password, including the content of User's transmissions through the Service. By way of example, and not as a limitation, User agrees not to: (i) use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise); (ii) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (iii) publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; (iv) advertise or offer to sell or buy any securities, investment, goods or services for any non-personal purpose; (v) harvest or otherwise collect information about others, including email addresses, without their consent; (vi) create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message; (vii) alter or attempt to alter any of the contents of this Website; (viii) transmit or upload any material that contains viruses, time bombs, or any other harmful or deleterious programs or component; (ix) transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless user owns or controls the rights thereto or have received all necessary consents; (x) interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; (xi) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; and (xii) interfere with another user's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services. 10.3 i-Urban has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, i-Urban reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law or regulation, legal process or governmental request. 10.4 i-Urban may, at its sole discretion, immediately terminate the Service should User's conduct fail to conform to these terms and conditions of this Agreement and hold the User liable for losses and damages incurred or sustained by i-Urban as a result of or arising from such failure without prejudice to any rights and remedies available to i-Urban under the applicable law. 11. INDEMNIFICATION AND RELEASE 11.1 User agrees to indemnify, defend and hold i-Urban, its parents, subsidiaries, affiliates, directors, officers, employees, agents and representatives (collectively “Indemnified Persons”) harmless from and against any and all claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this Agreement by User, or the infringement by User, or other user of the Service using User's computer, User’s Login name or password, of any intellectual property or other right of any person or entity. 11.2 User hereby agrees to indemnify, defend and hold i-Urban and the Indemnified Persons, harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by i-Urban and the Indemnified Persons, arising out of or in connection with the delivery of the Services and/or the performance of its duties as described in these terms and conditions including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of User taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. 11.3 User hereby waives, releases, forgives, discharges and relinquishes any and all claims that User now have or may have against i-Urban and the Indemnified Persons which are connected with, arise out of, relate to or are incidental to any transaction. 12. TERMINATION 12.1 Either User or i-Urban may terminate the Service with or without cause at any time and effective immediately. User's Termination shall be accompanies by a written notice to i-Urban. i-Urban shall not be liable to User or any third party for termination of Service. 12.2 Should User object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately: (1) discontinue use of the Service; and (2) terminate the User’s account. User undertakes to notify i-Urban in writing promptly of such termination. 12.3 Upon termination of the Service, User's right to use the Service immediately ceases. 12.4 i-Urban retains the right, at i-Urban's sole discretion, to determine whether or not User's conduct is consistent with the letter and spirit of this Agreement and may terminate the Service if a User's conduct is found to be inconsistent with this Agreement. 13. NOTICE 13.1 All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. i-Urban may publish notices on this Website or messages through the Service to inform User of changes to this Agreement, the Service, or other matters of importance. Such publication shall constitute notice to User. 14. PROPRIETARY RIGHTS 14.1 Unless otherwise indicated, copyright in the information on this Website is owned by i-Urban. All rights reserved. 14.2 User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to User by the Service, i-Urban or i-Urban's advertisers or content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User may make a copy of this content for User's personal, non-commercial use only, provided that User keeps all copyright and other proprietary notices intact. User may not copy, reproduce, distribute, or create derivative works from this content without expressly being authorized to do so by i-Urban or the advertiser. 14.3 If User posts materials on this Website, User grants to i-Urban, its related bodies corporate, its directors, officers and employees a non-exclusive, royalty free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such materials or any part thereof throughout the world in any media. User expressly waives in favour of i-Urban and any other person authorized by i-Urban all moral and similar rights in any jurisdiction, which User has or acquires in respect of such materials. User also grants to i-Urban and its related bodies corporate, directors, officers, employees and sub-licensees the right to use and publish User’s name, which User will be required to submit with any material, in connection with that material. 15. LAWS 15.1 This Agreement shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"). 15.2 User and i-Urban agree to submit to the non-exclusive jurisdiction of courts of Hong Kong. 15.3 If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. 15.4 i-Urban's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by i-Urban in writing. i-Urban PRIVACY POLICY STATEMENT We respect the privacy of every individual who visits our websites. This privacy statement outlines the information we will collect and how we will use that information. 1. Our General Policy We are committed to protecting your privacy. We will apply and comply with the laws and principles of the Personal Data (Privacy) Ordinance (Cap 486) of the Laws of Hong Kong and, where possible, endeavour to meet internationally recognised standards of personal data privacy protection. 2. Data Collection and Use (i) To facilitate us to provide services to you from time to time, it is necessary for you on a voluntary basis to supply us with personal data when you sign up for user registration. Personal data collected by us may include but not limited to the followings:- a. name b. address c. telephone or pager or fax number d. e-mail address e. identity reference f. payment record g. bank account number and name h. credit card number, name of bank and expiry date i. other data in connection with your requested service or our operations. The information is used only by us for the purposes stated in the respective screens on which we invite you to provide your data and in accordance with this policy statement. We will only use the information provided for the stated purposes. We do not use your personal data for any other purposes without your prior consent unless such use is permitted or required by law. (ii) We do not collect any personal data from you during your browsing our web sites. When you visit our web sites, we record your visit only as a "hit" and do not collect any personal data from you. The "hit" information is to allow us to compile general statistics to show the daily number of visitors to our site. We use this information only for preparing general statistics on the usage of our web sites. (iii) When you visit certain services of our web sites, we collect general information about your visits by means of cookies files. "Cookies" are small test files that is sent to your browser from a web server and stored on your computer's hard drive. The information is only used for analysing your preference in relation to the service we provide. You have a choice not to accept the cookies files, but if you do not, certain functionality may not be available. 3. Data Security Once we have obtained your personal data, they will be maintained securely in our system. Only the authorised staff, who has been properly trained, will be permitted to access to such personal data. We will also ensure compliance by our staff with the strictest standards of security and confidentiality. 4. Transfer of Personal Data Your personal data held by us will be kept confidential but we may disclose such information : a. to banks in connection with payment of relevant fees; b. to any other person or corporation under a duty of confidentiality to us which has undertaken to keep such information confidential; c. where such disclosure is authorised or required by law; d. where such disclosure is necessary to protect, defend or enforce the rights, interest, property or safety of us, our users or others; e. where such disclosure is necessary to enforce the terms of any user or user registration agreement; or other third party organizations which may assist in our business. 5. Access and Correction of Personal Data The Ordinance provides you the rights to ascertain whether we are holding your personal data, to obtain a copy of those data, and to correct any data that is inaccurate. You may up-date or change information relating to your user account with us by accessing Change Personal Information page. For other requests or questions regarding access or correction, please feel free to contact us by e-mail at cs@i-urban.com.hk. 6. Use of personal data for direct marketing We monitor our customer traffic patterns and site usages to help us develop and improve the design and layout of our web sites. We may use the demographic information from you to offer better products and services to our customers. We may from time to time send direct marketing materials based on your personal data. If you do not want your personal data be used for the purpose of direct marketing, please advise us in writing or by e-mail. 7. Links to other sites Our web sites contain hyperlinks to other sites. These other sites are not under our control and have their own privacy policies. You should review those policies when visiting these other sites. 8. Enquiries If you have any queries about our privacy policy, please contact us by email cs@i-urban.com.hk, or write to us at: i-Urban Limited Units 710-723, 7/F, Trade Square, 681 Cheung Sha Wan Road, Kowloon, Hong Kong. DISCLAIMER AND NOTICE INTELLECTUAL PROPERTY RIGHTS Unless otherwise indicated, this site and any information available on it including, but not limited to, text, software, music, sound, photographs, video, graphics, icons, images and trade marks, are protected by copyright, trade mark and other intellectual property rights owned or controlled by i-Urban Limited (“i-Urban”). All rights are reserved. You may not copy, reproduce, republish, upload, download, post, transmit, store in retrieval system, modify, alter or display in public or distribute in any way the contents or any part of this site for any purpose without i-Urban’s prior written permission except that you may download materials displayed on the site for non-commercial, home personal use only as long as you keep all copyright, trade mark and other proprietary notices intact. CONTENT The information contained in this site is provided by i-Urban in good faith. The information is believed to be accurate and current at the date the information was placed on this site. However, i-Urban disclaims all implied and/or express warranties and makes no representation as to the accuracy or completeness of any information on this site. i-Urban takes no responsibility and assumes no liability for the content of this site or for anything posted on or linked to it, including without limitation any mistake, error, omission, infringement, defamation, falsehood, or other material or omission that might offend or otherwise give rise to any claim or complaint. You should rely on your own due diligence and checks in connection with the accuracy or otherwise of the information provided. (See also without limitation the words in capitals below). LIMITATION OF LIABILITY By accessing and using this site you acknowledge and accept that the use of the site is at your own risk. i-Urban shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for lost profits or for loss of revenue arising out of any use of, access to, or inability to use the site. Without limiting the foregoing: THE SITE AND ALL INFORMATION AND MATERIALS CONTAINED IN IT ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, PRIVACY OR NON-INFRINGEMENT. i-URBAN HAS NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE SITE. i-URBAN ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO THE SITE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE SITE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE SITE. LINKS The site may contain links to other sites and pages which are not maintained or controlled by i-Urban and for which i-Urban is not responsible. When you activate any of these links or pages you leave the i-Urban site and access to such a site or page is at your own risk for which i-Urban disclaims all responsibility and liability to the fullest extent permitted by law. CHANGES i-Urban and its subsidiaries reserve the right but undertake no duty to review or edit or otherwise change this site and any information contained on this site at its sole discretion and without prior notice. Information on this site relating to products and services has been prepared in accordance with Hong Kong law for the supply of goods and services in Hong Kong only. This information may not satisfy the laws of any other country. To the extent that it does not satisfy the laws of the country in which you reside or from which you are accessing this site, it is not directed at you and cannot be relied upon by you and you shall not contract for the supply of any goods or services from this site. If you do, you agree to indemnify i-Urban for any losses, costs, expenses or damages which i-Urban may suffer as a consequence. The above disclaimers and exclusions are in addition and without prejudice to the other disclaimers and exclusion provisions contained in any other documents or pages of this web site.
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