1. Maintenance of the Website
The manager of the present “www.wine895.com” website is the Service Provider, who provides the services specified in the Contract Terms and Conditions.
These Services are provided by ASIASMARTER LTD (FLAT / ROOM 12 BLK A 13/F HOI LUEN IND. CNTR 55 HOI YUEN RD KWUN TONG, KOWLOON, HONG KONG ; e-mail: [email protected]
; Tel: +852 3590 9778; hereinafter referred as "Service Provider")
2. Person of the User
User is the person who visits the www.wine895.com
website (Hereinafter: Website). If the User registers on the Website, the Contract Terms and Conditions also applies.
3. Effect and modification of the Terms and Conditions of this Contract
The effect of these Terms covers the services provided by Service Provider specified on the Website, and his data management including the services and data management of the searching system operated on this website. Service Provider reserves the right of modification of these Terms.
The present Terms and Condition apply to all users of the Website.
4. Authoritative law and jurisdiction
Service Provider is a business company registered in Hong Kong, who performs its activity first of all under the effect of the legal rules in force in Hong Kong. If Service Provider's activity - including advertising activities - is directed over Hong Kong's borders, the law and jurisdiction of the target country will apply with the condition that if the application of any law can be stipulated, the Service Provider stipulates the application of the Hong Kong law and jurisdiction. For the case if the stipulation of a jurisdiction is admitted, Service Provider stipulates the jurisdiction of the Hong Kong authorities and courts.
Service Provider manages personal data.
The title of data management is the voluntary consent given by the holder of data. By means of the use of the Website and the registration the users accept these Terms and expressly consent to the fact that their specified data be managed in accordance with the present Terms
This Regulation is considered to be information of the data subject.
Service Provider manages exclusively the personal data specified by the users and the data occurred in the course of users’ activity in connection with the Website.
The Service Provider manages all personal data with the objective of developing the services of the Website and to provide such services. Service Provider does not manage data, the management of which is not necessary for the attainment of the purposes.
Service Provider is entitled to use the address specified by users (e-mail address, postal address, phone number, other identification data for contact) for the purpose of sending him newsletter of advertising letter in connection with the Service Provider, the activity of Service Provider, the products distributed or sold by Service Provider or the services provided by him.
Service Provider erases the data received in following cases:
- the data management is against the law, or a legal rule orders cancellation;
- if requested by user;
- the data are deficient or erroneous, which makes use impossible;
- the purpose of data managements ceases;
- if ordered by an authority or the court.
The Users are entitled to correct their data or to ask for correction of erroneous, by him not correctable data from Service Provider. The user can ask for information about the management of its data.
Service Provider provides for the security of the data. For that purpose he takes all necessary technical and organizational measures for both data stored by electronic means and data files stored on traditional paper data carrier. Service Provider shall provide for the enforcement of the data security rules prescribed in the relevant legal rules. Service Provider shall provide for data security, takes the necessary technical and organizational measures and formulates all the procedural rules that are necessary for the enforcement of the authoritative legal rules, the data protection and the official secrecy regulations.
Service Provider's system automatically records the IP-address of the computer of the user visiting the Website, the date and hour of visit and in certain cases - depending upon the settings - the type of browser and the operation system as well as the geographical place of the IP-address. The data recorded this way cannot be connected to other personal data. The data management serves exclusively statistical and security purposes (exploration of the source of misuse). Service Provider reserves the right to place a cookie (data file) on user's machine.
6. Rules concerning fictive Users
In the event that the User is a fictitious legal entity or false data is provided, the Service Provider shall send a request to the User to provide true data. Should the User fail to meet the request, the Service Provider may terminate the Agreement for cause.
7. Restrictions related to use of Service, the user’s responsibility
User may use the Website at its own risk only. The Service Provider shall not take the responsibility for damages, inconveniences suffered by the User when using the site that were caused by the User’s negligence.
Using the site the User shall be bound to act fairly, with keeping others’ rights and interests in view. Prohibitions specified below shall apply to all forms of the User’s manifestation. User shall be obliged to keep these restrictions in mind not to offense rules of using the site either intentionally or for negligence.
User shall have respect for the rules of using the site.
User shall be bound to observe operative legal regulations and on using the service to beware of any activity being illegal or violating other persons’ interests. In this connection the User shall especially be bound:
- to have respect for others’ privacy, personal rights and reasonable interests;
- to beware of gathering information about other persons, using information without proper authorization;
- to beware of illegal communication of other persons’ data;
- to beware of committing crime or offense;
- to have respect for rights tied up with intellectual works, with special regard to rules concerning literal, scientific works and pieces of art subject to protection of copyright, protection of inventions, designs, registered models, trademarks and labels;
- to beware of any obscene, lewd or other phrases, manifestation being suitable for disgust or scandal;
- to beware of any manifestation being suitable to hurt, degrade any nation, ethnic unit, race, religious community or group that can be clearly defined in any other respect, or members due to belonging to such groups, or being suitable for incitement to hate them;
- to beware of any manifestation that would hurt, degrade any person for his/her gender, due to belonging to any nation, ethnic unit, race, religious community or group that can be clearly defined in any other respect, or would incite to hatred.
All Users shall be bound to beware of any activity that prevents normal use of the site. User shall especially be bound:
- to beware of sending spams or hoax letters;
- to beware of sending circulars except such circular letters are attributes of normal use of the Website;
- to beware of any communication that can hinder or trouble anyone in normal use of the site;
- to beware of inappropriate, recurrent or for any reason embarrassing manifestations in public communication.
All User shall be bound to beware of any activity that hurts the Service Provider’s interests. User shall especially be bound:
- to beware of troubling, hindering operation of the site;
- to beware of any activity to obtain, use the Service Provider’s business secrets, confidential information;
- to beware of any communication including false information referring to the service;
- to beware of any activity endangering informatic safety of the site;
- to beware of any activity to advertise its own or other person’s products or services.
8. Responsibility for management of others’ data
By using the Website, the Users may make available to the Service Provider certain information concerning other legal entities. Such information may be made public on the Website, if the consent of the legal entity concerned is obtained. However, no prior approval is required in respect of data that is available in the public domain.
Should any third party hear that data referring to him/her were made available on the Website without his/her authorization, he/she may inform the Service Provider accordingly and the Service Provider shall delete such data upon proving that consent was not obtained.
The Service Provider may notify the User even without evidence of involvement about the fact of objection in relation to data made available by the User.
9. Procedure in case of the User’s illegal conduct
Should the User fail to meet its liabilities the Service Provider shall call the User to give up breach of liabilities, to restore legal status. Should the User fail to do so or breach its liabilities again, the Service Provider shall be entitled to terminate the contract for cause. In this case the Service Provider shall delete the User’s registration.
Provided any procedure is initiated against the Service Provider for the User’s action, the Service Provider shall be entitled to disclose the User’s data to the acting authority in accordance with the rules of procedure.
Anyone whose rights or reasonable interests are interfered with the User’s activity – including especially persons sustaining injury related to their personal rights, injured parties of crime or offense and beneficiaries of right of intellectual works – may request the Service Provider to remove objected content and to take necessary measures against the User. Applicant shall be bound to certify its entitlement appropriately. Provided entitlement is proven, beneficiary may ask the Service Provider to block the illegal content in order to carry out proceeding at a later date. In this case beneficiary should evidence institution of the procedure within 60 days. Service Provider shall disclose the blocked content and relevant stored data to the acting authority under the legal provisions referring to the authority and procedure.
10. Service Provider’s responsibility
Service Provider shall take all measures that can be expected for purpose of smooth and continuous operation of service. The Service Provider shall make efforts to eliminate possible defects, problems occurring during operation of the site. The Service Provider shall not be liable either for failure or for standstill taken place for reasons beyond its sphere of interest and control
11. Due process
Users may forward their complaints, objections directly to the Service Provider that shall do its utmost to stop and remedy possible infringements. Service Provider shall examine the complaints submitted and shall inform the User about its standpoint and measures taken.
The User shall be entitled to submit its lawful claim to the authority or court under the governing law.