1. General
1.1 This Membership Agreement (“Agreement”) is a legal agreement between you and Qurtty Limited (“Qurtty”, “we,”, or “us”). It applies to your use of any of the Qurtty services in preview mode, on a free trial basis, or pursuant to your purchase of a membership or any other Qurtty service offering.
1.2 The service is provided to you on the condition that you agree to and comply with this Agreement, Qurtty’s Terms and Conditions of Use (“TCU”), and Qurtty’s Privacy Policy (“Privacy Policy”). This Agreement governs your use of Qurtty Service, and the content it contains. By using Qurtty Service, you agree to the terms of this Agreement, the TCU, and the Privacy Policy. If you do not agree to the terms of this Agreement, the TCU and the Privacy Policy, do not use Qurtty Service.
1.3 Your use of any of the Qurtty reference services in preview mode, on a free trial basis, or pursuant to your purchase of a membership or other service offering, is also subject to our TCU.
2. Definitions
“Fees” means the fees and charges for the access to this Site and/or use of Qurtty Service as may be charged by Qurtty from time to time in accordance with the Terms and Conditions of Use and/or the Membership Agreement (as applicable) :-
(i) any registration fee and subscription fee for the use of Qurtty Service; and
(ii) any other payable fees, taxes, tariffs and charges.
“Hong Kong SAR” means the Hong Kong Special Administrative Region of the People’s Republic of China.
“Information” means the information, data, content, video, audio and other materials and items, tangible or intangible presented on the Site.
“Member” or “Members” means a member, whether an individual or a company, corporation, non-profit organization, government body/regulatory authority and/or any businesses, who has paid the applicable Fees and accepted and agreed to this Agreement.
“Members’ Web Pages” means pages and services of the Site which are accessible only to Members.
“Password” means the sequence of computer readable characters originally provided by us and as from time to time chosen by you as a password in order to access and use the Site.
“Qurtty Member Account” means the account in our records identified by the User ID we provide to the Member upon completion of the registration process.
“Qurtty Service” means the services currently available on this Site based on your membership level and such other services Qurtty may add, remove or vary from time to time.
“Site” means www.qurtty.com.
“User ID” means the sequence of computer readable characters we provide to you in order for you to log on to the Members' Web Pages on the Site.
3. Registration
3.1 You may register to use the Members' Web Pages by logging in the Site. Registration must be on a real name basis. You must provide us with accurate and complete registration information and advise us promptly of any changes. Failure to do so will entitle us to immediately terminate your subscription to and use of the Member's Web Pages. The information you provide to us or for the purposes of registration will be dealt with in accordance with our Privacy Policy.
3.2 When you register, we shall provide you with a unique User ID and Password. We may at times undertake checks to ensure the accuracy of the information you have provided to us including contacting you. We reserve the right not to accept your registration for any reason in our sole discretion and in such case you must not access or attempt to access the Members’ Web Pages.
3.3 You may change your Password but you may not select a Password that violates any person's rights or one which, in our opinion is offensive, improper or inappropriate. If you do, we can modify or delete it. If we agree to grant you access to the Members’ Web Pages such access is a non-exclusive non-transferable limited licence to access the Members’ Web Pages in accordance with this Agreement.
3.4 You are responsible for all use of the Members’ Web Pages (under your User ID or Password) and for ensuring that all use of the Members’ Web Pages complies fully with the provisions of this Agreement. As your Password is the means by which we identify you and by which you access the Members’ Web Pages you should keep it confidential. We shall not be responsible for any unauthorised access to the Members’ Web Pages using your Qurtty Member Account due to your failure to keep your Password secure.
4. Type of Membership
4.1 Please refer to the Site for type of Qurtty’s membership.
4.2 Membership including all Qurtty Member Accounts managed by a Q-member will be automatically terminated upon Q-member’s decease Transfer of a deceased Q-member’s membership to other appointed persons is not allowed.
5. Member’s Representations and Warranties
5.1 You represent and warrant and such representations and warranties are repeated each time you logon to the Members’ Web Pages, that :-
5.1.1 any information you provide to complete any form on the Site or any other information or thing you post to the Site is true, accurate and complete;
5.1.2 you are duly authorised to so complete any form or post any such information or thing; and
5.1.3 your use of the Site does not violate any applicable law and cannot be used in relation to political, gangster, peace violation, prostitution, drug or gambling activities.
6. Change of this Agreement
6.1 We may change, add to or delete terms from this Agreement from time to time in our sole discretion without notice or liability to you. We shall post the amended Agreement on this Site. You are responsible for checking the revised Agreement. If you do not agree with such revised Agreement, your sole remedy is to immediately cease using the Members’ Web Pages. By continuing to use the Members’ Web Pages following such modifications to the Agreement, you agree to be bound by such modifications.
6.2 We also have the right at any time to change or modify any other terms and conditions, general practices and limits, applicable to your use of your Qurtty Member Account, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means of, posting on the Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of Qurtty Member Account by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.
7. Changes to Site
We may, at our absolute discretion and at any time, without prior notice to you, add to, amend or remove material from the Site, or alter the presentation, substance, hours of availability or functionality of the Site, Members’ Web Pages or your Qurtty Member Account.
8. Member’s Conduct on the Site
8.1 As a condition of your use of the Members’ Web Pages, you should not: -
8.1.1 use the Site for any unlawful purposes;
8.1.2 upload, post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, vulgar, or otherwise objectionable or unreasonable information of any kind, including without limitation any transmissions constituting or encouraging conduct that is invasive of any other persons’ rights to privacy, would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law, infringe any intellectual property rights, proprietary rights or confidentiality obligations of others;
8.1.3 trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas for which you have not been authorised by us;
8.1.4 post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding;
8.1.5 restrict or inhibit any other Member from using and enjoying the Site or any part thereof;
8.1.6 advertise or perform any commercial solicitation of members to become members of other on-line information services competitive with the Site;
8.1.7 post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component;
8.1.8 post, publish, transmit, reproduce, distribute or in any way exploit any Information obtained through the Site for commercial purposes;
8.1.9 upload, post, publish, transmit, reproduce, or distribute in any way, any component of the Site itself or any Information obtained through the Site which is protected by copyright, trademark or other proprietary right, or create derivative works with respect thereto, without our prior written permission or the prior written permission of the owner; and
8.1.10 directly or indirectly, allow others to use your User ID or Password.
8.2 You acknowledge that you have no rights in or to the Information and you will not use the Information, except as permitted under this Agreement.
8.3 The burden of determining that any material uploaded, posted or otherwise made available by you on the Site is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
8.4 By submitting material to the Site, you automatically grant, or warrant that the owner of such material has expressly granted to us the royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, sublicense and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.
8.5 You also permit any other Member to access, view, store or reproduce the material for personal use. You hereby grant us the right to edit, copy, publish and distribute any material made available on the Site by you. You acknowledge that we may establish general practices and limits concerning use of your Qurtty Member Account, including without limitation the maximum number of days that email messages, notice board postings or other uploaded material will be retained on the Site, the maximum number of email messages that may be sent from or received by a Qurtty Member Account, the maximum size of any email message that may be sent from or received by Qurtty Member Account, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Qurtty Member Account in a given period of time.
9. Third Party Information
9.1 The Information may contain information provided by third parties or sourced by us from business information sources and other references or sources. We are not responsible if any such Information is not correct or up-to-date. We do not separately verify the Information provided by such third party or agency and you are cautioned thus as to the reliability and accuracy of the Information accordingly. We do not accept any responsibility whatsoever in respect of any such Information. Any use of and reliance on such Information is at your own risk. In particular, the opinions expressed in any section of the Site which, provide a forum in which opinions and views may be shared or which are stated to be contributed by third parties do not represent our views. We caution you as to the reliability and accuracy of opinions expressed in these sections.
10. Prohibition of Access
10.1 Whilst we shall use commercially reasonable efforts to provide Members with access to the Site twenty-four (24) hours per day we cannot guarantee your access and you acknowledge that we make no representation or warranty that the Site will be available. You are responsible for your own hardware, software and facilities and we cannot guarantee compatibility of the Site with your systems. We shall be entitled, at our sole discretion, to: (a) temporarily suspend the Site or any part of it to upgrade or modify the Site; and/or (b) restrict your access to and use of the Site or any part of it where we consider it reasonably necessary for the operation of the Site. We shall not be responsible for any loss or damage you may incur as a result of any such suspension, restriction or prohibition. We reserve the right at all times to prohibit or deny your access to the Site or any part thereof immediately and without notice, where we are of the opinion that you have breached any of the terms contained in this Agreement or that such prohibition or denial is appropriate, desirable or necessary in our sole opinion. We expressly reserve the right to log off any Qurtty Member Account that is inactive for an extended period of time, which we shall determine in our own discretion. You are advised to copy and save all your photographs and Information to other devices regularly. Please note that we are an assistant tool only. Please do not use us for any major or important purpose.
11. Links to and from the Site
11.1 There are links on this Site which allow you to visit the websites of other companies. Neither these websites nor the companies operating them are controlled by us. We make no representation of any kind whatsoever concerning the information provided in those websites or the quality, merchantability, or fitness of the products or services offered on those websites. Hyperlinks to other internet resources are at your own risk. We have not investigated, tested, verified or monitored the content, information or material on those websites and make no representation of any kind regarding the correctness, performance, quality, or functionality whatsoever of any software at those websites. Links to other websites do not constitute an endorsement by us of such websites or the information, products, advertising or other materials available on those websites.
12. Intellectual Property Rights
12.1 All intellectual property rights subsisting in respect of the Site belong to us or have been lawfully licensed to us for use on the Site. All rights under applicable laws are hereby reserved. Except with our express permission, you are not allowed to upload, post, publish, reproduce, modify, exploit transmit or distribute in any way the Site or any component of the Site itself or create derivative works with respect thereto. In the event that we permit you to copy, redistribute or publish any copyrighted material, you must not change or delete any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, know-how, proposals, suggestions, comments and other communications and information provided by you to us ("Feedback") in connection with the Site without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.
13. Limited Liability and Warranty
13.1 All Information is for your general reference only. We do not accept any responsibility whatsoever in respect of such Information. YOUR ACCESS TO AND USE OF OUR SITE IS AT YOUR SOLE RISK AND IS PROVIDED "AS IS," "AS AVAILABLE.". THE SITE IS FOR YOUR USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR SITE. Without limiting any exclusion specifically provided for in this Agreement we shall in no event be liable for any costs, damages or liability for:
13.1.1 any fraudulent, inaccurate, incomplete, or unauthorized offers or requests, or offers or requests which are not authentic or which contain errors, on the Site; or
13.1.2 any unauthorized use of the Site or breach of security relating to the Site.
13.2 We do not guarantee or assume any responsibility and you acknowledge that we make no representation or warranty, that:
13.2.1 the Information on the Site is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
13.2.2 any messages and other communications maintained or transmitted through the Site will not be deleted or will not fail;
13.2.3 the Information on the Site is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
13.2.4 messages sent through the internet will be free from interception, corruption or loss;
13.2.5 access to the Site will be available or be uninterrupted; or
13.2.6 defects in the Site will be corrected.
13.3 In no event shall we be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, whatsoever arising in connection with the use of, or inability to use, your Qurtty Member Account, the Members’ Web Pages or the Site or in connection with any failure of performance, error, omission, interruption, defect, suspension, delay in operation or transmission in the use or operation of your Qurtty Member Account, Members’ Web Pages or the Site or in connection with any computer virus, Trojan, worm, or other destructive element or system problems, whether or not we have been advised of the possibility of such damages, losses, expenses or liabilities and you agree to waive any such claims against us in this regard. You will exercise and rely solely on your own skill and judgment in your use of the Site and use and interpretation of the Information. You are responsible to ensure that your use of the Site and the Information complies with all applicable legal requirements. The limitation of liability contained in this Agreement will apply to the fullest extent permitted by applicable laws.
14. Indemnity
14.1 You agree to defend, indemnify and hold us, our subsidiaries and associated companies and their respective employees, agents, officers, directors, contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees), in connection with or arising from your breach of this Agreement and/or your use of your Qurtty Member Account, the Members’ Web Pages, or the Site. We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect our rights or obligations without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any claim or action.
15. Monitoring
15.1 We have the right, but not the obligation, to monitor the content of any Qurtty Member Account or Members’ Web Pages, including email, notice boards and forums, to determine compliance with this Agreement and any operating rules established by us and to satisfy any law, regulation or authorized government request.
15.2 We will if necessary set up rules or methods to regulate or monitor all Members’ and Qurtty Members’ usage of the Site.
15.3 We shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on a Qurtty Member Account or Members’ Web Pages. Without limiting the foregoing, we shall have the right to remove any material that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable.
16. Privacy Policy
16.1 For information about our privacy policies and practices, please refer to the Privacy Policy. For information on our use of cookies, please also refer to the Privacy Policy.
16.2 We have rights to disclose Information as a reference to legislation / securities department or other departments if Members breach the laws or it is required by the laws.
17. Termination
17.1 You agree that we, in our sole discretion, may terminate your User ID and/or Password, your use of the Site (or any part thereof) or your Qurtty Member Account, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with this Agreement. We may also in our sole discretion and at any time discontinue providing the Qurtty Member Account, and/or the Members’ Web Pages, with or without notice. You agree that any termination of your access to the Qurtty Member Account under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately reactivate or delete your account and all related information and files in your account and/or bar any further access to such files or your Qurtty Member Account. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Qurtty Member Account.
18. Partial Invalidity
18.1 The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.
19. Miscellaneous
19.1 No waiver of any breach under this Agreement will amount to a waiver of any other breach. The headings in this Agreement are for convenience only and do not affect interpretation.
20. Applicable Law
20.1 This Agreement is governed by the laws of Hong Kong SAR and the parties hereby submit to the non-exclusive jurisdiction of the courts of Hong Kong SAR.