Acknowledgment and acceptance of the Terms
The following terms, conditions, notices and disclaimers, together with any documents they expressly incorporate by reference, including our Privacy Policy ("Policy") and Terms of Sale ("TOS") (collectively, these "Terms") govern your use of any online or mobile product or service to which you have access, installed, or purchased which offered by Artemis Digital Limited or any of its subsidiaries and affiliates ("Company", "We" or "Us"), including any content, functionality, activities and services, whether online or off-line, offered on or through our website (collectively, the "Service"), whether as a guest of a registered user.
Please read these Terms carefully before you start to use the Service. By taking any step to download, purchase, set-up, install, use, register to or otherwise access all or any portion of the Service or by clicking to accept or agree to the Terms when this option is made available to you, you explicitly accept and agree, without limitation or qualification, to be bound and to abide by these Terms. If you do not want to agree to these Terms, you must not install, use, register to or otherwise access the Service or any portion of the Service.
In some cases, a certain Service may require you to read and agree to specific terms and conditions. Your right to use that Service is subject to those specific terms and these Terms. To the extent these Terms conflict with any other terms, policies, rules or codes of conduct, these Terms will govern.
Changes to the Terms
We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms at any time by posting the amended Terms on or within the Service. All changes are effective immediately when we post them, unless stated otherwise. Your continued use of the Service constitutes your acceptance of our amended Terms.
You understand and hereby acknowledge that the Service is an evolving one. We may require you to accept updates to the Service and products that you have installed on your mobile device. You acknowledge and agree that we may update the Service from time to time with or without notifying you. You may need to update third party software from time to time in order to receive the Service. You acknowledge that without accepting these updates, the Service may be rendered inaccessible or unusable.
Using the Service and user account information
We reserve the right to modify or cease offering the Service without notice at our sole discretion. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entire Service, to users, including registered users.
You are responsible for making all arrangements necessary for you to use the Service and ensuring that all persons who use the Service through your internet connection are aware of these Terms and comply with them.
To use and access the Service, you may be asked to register a user account. To register, you must provide us with certain information, including but not limited to your full name where you are an individual or the legal name of your organisation where you are registering on behalf of your organisation in accordance with the applicable identification document, email address, payment information and other information specified in the registration form ("Registration Data"). By registering, and in consideration of the use of the Service, you represent and warrant that the Registration Data that you provide about yourself is true, accurate, current and complete in all aspects; and you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Each user account is limited to use by one individual or one legal entity with a maximum number of Users to be specified under each Service.
If you choose, or are provided with, a username, password or any other piece of information as part of our registration or security procedures, you must treat such information as confidential, and you must protect such information from unauthorized use. You are responsible for maintaining the confidentiality of such information, and you will be fully and legally responsible for all activities performed through the use of such information and the user account, including purchases, whether or not authorised by you. You must not under any circumstances disclose your password to any third parties. You agree to notify us immediately of any unauthorized access to or use of your username or password or user account or any other breach of security, otherwise we are authorized to assume and deem any use of, access to or logon to the Service using your user account to have been so used, accssed or logged on by yourself or by persons authorized by you.
We reserve the right to disable any username, password and user account, at any time at our sole discretion when we suspect or are of the opinion that you have violated any provision of these Terms, or for any other reason which we deem to be actionable, including but not limited to claims by a third party that a username violates such third party’s rights.
Promotional activities
The Company may provide promotional activities from time to time. By participating in promotions, participants have to agree to be bound by these Terms as well as all promotional specific terms and conditions.
Intellectual property
The Service is protected by law, including without limitation the intellectual property laws of the Hong Kong Special Administrative Region ("HKSAR"), international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and treaties. You hereby acknowledge that all intellectual property rights in the Service and its entire contents, features, and functionality (including but not limited to all contents, e-books, information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof and in any and all future updates, modifications, revisions and/or derivative works of the Service) throughout the world are owned by us. You have no rights in, or to, the Service other than the right to use it in accordance with these Terms.
These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, copy, sell, resell, transmit, or otherwise exploit any of the material in whole or in part on or within the Service except as expressly permitted by these Terms.
In particular, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, sell, resell, transmit, or otherwise exploit content generated from or from use of the Service in whole or in part, including but not limited to certificates or proofs of analytical results. If there is any particular need for such content to be issued in any way, prior written consent must be obtained from us and such issuance must be conducted through us and not any other channel. The approval of such issuance is in our discretion and will be in accordance with our Policy and Regulations. Such issuance may be subject to the charge of a fee.
You further agree and acknowledge that all the contents in any advertisements and commercial information provided by us for you via the Service are protected by the intellectual property laws of the HKSAR and other international intellectual property laws and treaties. You may only use content from said advertisements or commercial information with the written consent of us, and shall not copy, amend or compile said advertisements or commercial information, or create derivative products based on the same without our authorization.
The Company name, the Company logo and all related names, logos, product and service names are trademarks of the Company. You must not use such marks without our prior written permission. We reserve all rights to claim remedies against you, including without limitation damages and injunctive relief, in respect of any unauthorized use of our intellectual property.
While we always appreciate your feedback or other suggestions about us or our Service, you understand and acknowledge that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them). You hereby acknowledge that you may not claim rights to implementations that incorporate your feedback or suggestions and all rights, including all intellectual property rights, if any, resulting therefrom shall belong solely and exclusively to the Company.
As part of your use of the Service, you may produce work that are protected by copyright, such as the essays or compositions that you submit to our online or mobile platforms. You hereby consent and acknowledge that we may from time to time provide such work to third parties for use for teaching, educational and/or research purposes and that we may do so without need to notify you.
Disclaimer
We are not and do not claim to be the original designer of all the numerous characters and idioms. Please feel free to advise should there are any errors in the analysis. We will update the library upon review.
Prohibited uses
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
Additionally, you agree not to:
Information about you and your visits to the Service
All information we collect on the Service is subject to our Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Policy.
Online purchases
All purchases through our website or other transactions for the sale of e-books, goods, services, certificates or proofs of analytical results or information formed through us or as a result made by you are governed by our TOS, which are hereby incorporated into these Terms.
Linking to the Service
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior express written consent.
Links from the Service
If the Service contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive programmes. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your mobile device, computer equipment, computer programme, data or other proprietary material due to your use of the Service or any items obtained through the Service or to your downloading of any material posted on it, or on any website linked to it.
You further agree and acknowledge that we will not bear any liability for any loss or damage, including but not limited to:
All software derived from the Service that are not developed and formally released by us or not authorized by us are illegal. The download, installation, purchase or use of said illegal software may bring about unpredictable risks to you. We shall not be responsible for any legal liability and dispute arising from said download, installation, purchase or use.
Your use of the Service, its content, and any information or items obtained through the Service is at your own risk. The Service, its content and any information, or items obtained through the Service are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Service. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Service, its content and any information, or items obtained through the Service will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our website or the server that makes it available is free of viruses or other harmful components or that the Service, its content and any information, or items obtained through the Service will otherwise meet your needs or expectations.
The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation on liability
In no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Service, any websites linked to it, any content on the Service or such other websites or any items obtained through the Service or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
If, notwithstanding these Terms the Company is determined to have any liability to you or any third party for any loss, harm or damage, you agree that the aggregate liability of the Company, and its officers, directors, managers, employees, affiliates, agents, contractors or licensors, shall in all cases be limited to the total amounts actually paid by you for the Service in the six months period preceding the event giving rise to such claim.
You understand and agree that the foregoing limitation of liability is an agreed allocation of risk and an essential part of these Terms. You understand and agree that the Company will not provide the Service to you by reason of the absence of your agreement to this limitation of liability.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
Indemnification
By accepting these Terms, you agree to indemnify and otherwise hold harmless the Company and parties associated with the Company, including but not limited to its officers, directors, employees, contractors, agents, subsidiaries, affiliates, and other partners, successors and assigns from and against any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Service or any other matter relating to the Service or these Terms, including, but not limited to, any use of the Service other than as expressly authorized in these Terms or your use of any information obtained from the Service.
For the avoidance of doubt, if your breach of these Terms or relevant terms of the Service brings about any third party’s claims, demands or losses to the Company, including attorney’s fees, you hereby agree to indemnify and hold the Company harmless from all losses caused by said claims, demands or losses.
Entire agreement
These Terms constitute the sole and entire agreement between you and the Company with respect to the Service and govern your use of the Service, superseding all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.
Wavier and severability
No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be contrary to law, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Governing law
These Terms will be governed by and construed in accordance with the laws of the HKSAR without regard to conflict of laws principles.
Dispute resolution
Any dispute or controversy under these Terms shall firstly be resolved through amicable negotiation. If no agreement is reached through such negotiations, the parties hereby agree that any dispute, controversy or claim arising out or relating to these Terms, or the breach, termination or invalidity thereof, shall be settled by final and binding arbitration in Hong Kong under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted in accordance with these Rules. The place of arbitration shall be in Hong Kong at the Hong Kong International Arbitration Centre ("HKIAC").
The tribunal for any arbitration shall consist of three arbitrators with each party appointing one arbitrator and the two arbitrators thus appointed shall choose the third arbitrator who will act as the presiding arbitrator of the Tribunal.
The language to be used in the arbitral proceedings shall be English.
The applicable law shall be the laws of the HKSAR.
Language
These Terms are written in English. Although these Terms may be translated into another language at the sole discretion of the Company or by the requirement of law, the English version shall prevail.
Enquires
If you have any questions or comments as regards the Service, please inquire with the Customer Service Center of the Company, the contact details of which are included in the last page of this document under the "Contact Us" section.
TERMS OF SALE
If you purchase any e-books, goods, services, or information ("Products") from us, you hereby agree to this TOS. Please note that the Company reserves the right to change this TOS without notice to you so please be sure to check this TOS prior to any purchase from us.
Personal non-commercial use
All Products are offered solely for your personal, non-commercial use. The delivery of any Products to you does not transfer any commercial or promotional rights in the Products. You may not resell, rent, lease or provide the Products to any person and you shall not modify, publish, participate in the transfer or sale of, reproduce, or create new works from, any of the Products in whole or in part.
Children under 14
Persons under the age of 14 are not permitted to register as a User of the Service and/or to purchase products without the approval of a parent or legal guardian. The Company reserves the right to refuse service, terminate user accounts or cancel orders in its sole discretion.
There may be cases where we are unable to identify the age or gender of any Users, whether registered or not, who browse or use our Service. If a child under 14 has provided his/her Personal Information to use our Services, the parent or legal guardian should inform us by e-mail and request us to delete the Personal Information of said child.
Parents and legal guardians are strongly urged to supervise their children’s activities online.
Fees and charges
You agree that you will pay for all fees and charges (including any taxes and late fees, shipping, insurance, and handling as applicable) incurred through your purchase of any Products at the rates in effect for the billing period in which such fees and charges are incurred. The Company reserves the right in its sole discretion to bill fees and charges to any of the payment methods you have included in your Registration Data. Billing occurs at the time of purchase. The Company does not provide price protection or refunds if the price for particular Products previously purchased by you is lowered or is part of a promotional offer. All Products are non-refundable.
Methods of payment
You acknowledge and agree that if you designate a credit card during the registration process with the Company or designate a different credit card after registration as your methods of payment, we will charge the then-current price directly to your credit card.
Disclaimer of warranties
The Products are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Company is not responsible for any failure of the Products. The materials available from the Company are subject to change without notice. The Company is not liable for any direct, indirect, special, consequential, punitive, exemplary and/or incidental damages of any kind resulting from your use of the Products.
In no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Products, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
If, notwithstanding this TOS the Company is determined to have any liability to you or any third party for any loss, harm or damage, you agree that the aggregate liability of the Company, and its officers, directors, managers, employees, affiliates, agents, contractors or licensors, shall in all cases be limited to the total amounts actually paid by you for the Products in the six month period preceding the event giving rise to such claim.
You understand and agree that the foregoing limitation of liability is an agreed allocation of risk and an essential part of this TOS. You understand and agree that the Company will not provide the Products to you by reason of the absence of your agreement to this limitation of liability.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
PRIVACY POLICY
The Company is committed to protecting your privacy while providing you with the products and services that serve your needs. The operation of these products and services may require the collection and use of your Personal Information (as defined below). This privacy policy ("Policy") describes the information that we may collect on the Service, the purposes for which the information is used, the rights you have regarding Personal Information that you and your child submit, and to whom and under what circumstances we may disclose Personal Information.
We will endeavour to comply with and follow the requirements of the Personal Data (Privacy) Ordinance of the HKSAR.
What this Policy covers
This Policy applies only to Personal Information collected on the Service and describes how we treat Personal Information that we collect or receive from you. "Personal Information" may include information about you and your children that is personally identifiable, such as your name, address, email address, phone number, photo, date of birth, residence address, school name, grades, or other information not otherwise publicly available, as well as non-personally identifiable information. You may also choose to provide us with additional, demographic information, such as your occupation, age, gender, number of family members, age of family members, marital status and monthly household income data. This Policy does not apply to the practices of companies that the Company does not own or control, or to people that we do not employ or manage.
We reserve the right to change this Policy from time to time, so please be sure to check back periodically.
By installing or using the Service, you acknowledge, agree and consent that your Personal Information will be handled as described in this Policy, which is incorporated by reference into these Terms.
It is your responsibility to read and accept the terms and conditions and privacy policies for the websites you visit. The Company is not responsible for the privacy practices of other entities, including websites whose advertisements may appear on the Service. This Policy applies solely to information collected by us with your use of the Service.
What information we collect from you
We do not collect personally identifiable information from causal browsers of our website and you may browse our website anonymously. If a non-account holder sends us email, we collect and store these communications.
If you wish to access or download content from the Company, you will need to register with us to create a user account, we ask for information such as your name, email address, payment information, and communication preferences. Depending on your type of user account, we may ask you to provide us with a copy of your identification document. When you register with us and sign in to our services, you are not anonymous to us.
We also receive and store certain types of information whenever you interact with us. For example, we collect personally identifiable information from you when you download content, when you use or purchase products or services, when you visit our webpages or the webpages of our certain partners, and when you enter promotions or send us an email. We may combine information about you that we have with information we obtain from business partners or other companies.
We collect information about your transactions with us and with some of our business partners, including information about your use of the services that we offer.
Like most websites, we automatically receive and record information from your browser on our server logs from your browser, including your internal protocol (IP) address, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, the Company cookie information, and other technical information about your mobile device.
Access and Change Personal Data
You may use the following ways, which are free of charge, to contact us to request the access to or change your Personal Information. You may also request us not to send you any information.
If you do not want to receive any promotional materials or promotional emails, you may choose the Unsubscribe Option under the emails we send to you.
You may direct the following requests in writing by email:
All of the above requests will take effect within 14 working days.
If you do not want to accept data packets, you may adjust the setting of your browser.
IP address information
Each time you use the Service, your wireless telecom services operator will provide our web server with your IP address, as well as other technical information about your mobile device. In addition, our servers may look up the IP address and other information about your mobile device so that we can: 1) display specific or localized content and advertisements that may interest you based on the geographic location of handheld device; or 2) to enable certain features of the Service. We do not combine your IP address or location information with personally identifiable information about you.
Location information
Certain functions of the Service may need to use your geographic location data. Your geographic location data will be stored in our web server for a short period and can be deleted from the server manually upon your willingness.
How we use your information
We may use the information we collect about you for any of the following purposes:
We do not sell or rent your Personal Information to any third party, but we may disclose information about you to third parties acting on our behalf or who are our subsidiaries or affiliates. These third parties may assist us with marketing, resolving service problems, and correcting errors related to the execution of our products including the Service. However, we do not give these third parties (other than our subsidiaries and affiliates) an independent right to share or use your Personal Information.
How and when we share information
Information about our users is an important part of our business, and we are not in the business of selling it to others. We share customer information only as compatible with the purposes described above, and when we have your permission or as described in this section.
We may transfer your Personal Information to the following parties inside or outside Hong Kong:
Our subsidiaries
We may share your information with our subsidiaries and affiliates that we own or control but only if those entities are either subject to this Policy or follow practices at least as protective as those described in this Policy. These subsidiaries and affiliates may be located outside your jurisdiction.
Contractors and agents
We may employ other companies and individuals to perform functions on our behalf. Examples include without limitation sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance (including data concerning marketing and promotional programmes), or providing customer service or for other purposes within ordinary course of business. These third parties, which may be located outside your jurisdiction, have access to your Personal Information needed to perform their functions on our behalf. We require these companies to agree 1) to provide adequate protections for your Personal Information that are no less protective than those set out in this Policy and 2) to use your Personal Information only for the purposes for which the third party has been engaged by us. The Company or its affiliates are not liable for the acts or omissions of these third parties, except as provided by applicable law.
Business transfers
As we continue to develop our business, we might sell or buy online stores, subsidiaries, or other businesses. In such transaction, customer information generally would be one of the transferred business assets but remains subject to the promises made in any pre-existing privacy policy or statement (unless, the customer consents otherwise). Also, in the event that the Company, or substantially all of its assets are acquired, we will provide notice before customer information, including your Personal Information, is transferred and becomes subject to a different privacy policy or statement.
Protection of the Company
We reserve the right to disclose your Personal Information when we believe such disclosure required to comply with the law, judicial proceeding, court order or other legal process; to enforce or apply these Terms; or protect the rights, property, or safety of the Company, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction purposes. This does not include selling, renting, sharing, or otherwise disclosing Personal Information from customers for commercial purposes in violation of this Policy.
Retention of your information
We may retain any information collected from you for the period necessary to fulfill the purposes as outlined in this Policy unless a longer retention period is required by applicable law.
Security of your information
The security of your Personal Information is important to us. We limit access to Personal Information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. We have physical, electronic, and procedural safeguards that comply with generally accepted industry standards to your Personal Information. We do not retain any Personal Information beyond the time it is needed.
We work to protect the security of your Personal Information during transmission by using Secure Socket Layer (SSL) software, which encrypts information you provide to us through the Service.
Please keep in mind that no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Children’s privacy
We do not target the Service to children under the age of 6. We do not knowingly collect or maintain personally identifiable information about persons under 6 years of age, and do not disclose any such information to third parties.
If we learn that personally identifiable information of persons less than 6 years of age has been collected without verified parental consent, then we will take the appropriate steps to delete this information.
Parents are strongly urged to supervise their children’s activities online.
Access to and correction of your information
The Company will take commercially reasonable steps to ensure that the Personal Information we collect and store is reliable, accurate, complete and current. You also have the right to be given a copy of any Personal Information which we hold concerning you (and for which we may charge a small fee to process) and to have any inaccuracies in your personal data that is stored by us to be corrected and/or erased. You may exercise any such rights by emailing us at the address outlined under "Contact Us" We will need you to provide us with sufficient information to establish your identity and to verify your access request and also to assist us in dealing with your request. Requests will be processed as soon as possible.
Please note, however, that we do not have control over the Personal Information you provide to any websites that you visit. You will need to contact these websites directly to access or modify the Personal Information you provide to them.
Voluntary provision of Personal Information
You can always choose not to provide your Personal Information to us, but that may prevent you from being able to use or take advantage of specific features of the Service.
Exemption of liability
The Company, its affiliates, employees, officers, directors and agents shall not be liable for 1) any disclosure of your Personal Information as required by law or relevant governmental authority; 2) any disclosure of your Personal Information as a result of your own actions or negligent acts (including without limitation the disclosure by you of your Personal Information to any websites, forums, or social networking websites; 3) any consequence resulting from hackers, computer viruses or temporary closure of our services; or 4) any consequence resulting from Acts of God beyond our control.
Contact us
If you have questions about the privacy aspects of our products or services, please contact us at info@artemis-LTD.com.