Terms and Conditions
The following are the terms and conditions with regard to your membership or subscription for services at www.passiiqe.com provided by KBIC International Limited ("KIL"). After subscribed to be a member or subscriber of www.passiiqe.com, member or subscriber can enjoy services, consisting of information services and contents respectively for the member and subscriber, offered through the affiliated website from time to time by KIL. Please read the following terms before you accept to be the member or subscriber.
a."Member" means the registered member for Membership Services provided by www.passiiqe.com.
b."Subscriber" means the subscriber duly enrolled for the Subscribed Services provided by www.passiiqe.com.
c."Membership Services" means services provided for Member.
d."Subscribed Services" means services provided for Subscriber.
e.The headings in this Membership or Subscription Agreement are for convenience only and shall not affect its interpretation.
f.In this Membership or Subscription Agreement words importing the singular include the plural and vice versa, words importing gender or the neuter include both genders and the neuter and references to persons include partnership bodies corporate or unincorporate.
2. ACCEPTANCE OF TERMS
Once becoming Member or Subscriber of www.passiiqe.com, Member or Subscriber is bound by all the terms and conditions of this Membership or Subscription Agreement ("the Terms and Conditions"). If Member or Subscriber does not agree to the Terms and Conditions, please do not register to become Member or Subscriber. Membership Services or Subscribed Services are offered to Member or Subscriber conditional upon acceptance of all of the Terms and Conditions by Member or Subscriber. However, KIL may in its own discretion and at any time modify or revise the Terms and Conditions pursuant to clause 5 herein.
BY COMPLETING THE MEMBERSHIP REGISTRATION OR SUBSCRIPTION PROCESS AND CLICKING THE "Buy Now" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS MEMBERSHIP OR SUBSCRIPTION AGREEMENT.
3. DESCRIPTION OF MEMBERSHIP OR SUBSCRIBED SERVICES
KIL shall provide Membership or Subscribed Services respectively through its website, www.passiiqe.com to Member or Subscriber by way of internet or other electronic devices. Subscriber shall ensure and be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment or instruments needed for access to and use of Membership Services or Subscribed Services and all charges and expenses related thereto. The right to use the Membership Services or Subscribed Services is personal to Member or Subscriber.
4. PAYMENT AND OTHER OBLIGATIONS OF SUBSCRIBER (FOR SUBSCRIBER ONLY)
The Subscribed Services is only available to the paid Subscriber who may be individual or corporate for personal use and shall not be transferable to other person or entity. In consideration of KIL's provision of Subscribed Services, Subscriber agrees and undertakes (a) to pay all the services charges for Subscribed Services as imposed by KIL from time to time and when due; (ii) to provide accurate and complete personal information of Subscriber as required by KIL; and (c) to maintain the said personal information updated complete and accurate and if necessary to have the same updated.
If Subscriber provides wrong, inaccurate, outdated, incomplete or misleading information or if KIL has reason to suspect the same to be wrong, inaccurate, outdated, incomplete or misleading, KIL has the right to refuse applications for Subscribed Services or to suspend or discontinue or terminate Subscribed Services without notice or incurring any liability towards Subscriber or any persons and the paid service charges will not be refunded.
Subscriber shall also pay the said service charges when they are due and payable from time to time by cash, cheque or credit card. Subscriber hereby authorizes KIL to debit his credit card as provided by Subscriber at his initial subscription for settlement of the said subsequent service charges which are due from time to time and agrees to complete or execute all necessary documents to effect such auto settlement. Subscriber also agrees all service charges or any part thereof paid shall not be refundable for any reasons whatsoever.
5. MEMBER’S LIABILITIES
As a condition of Member's use of Member Services, Member agrees to provide correct, complete information of Member as required by KIL and is under a duty to maintain and update the said personal information in order to ensure its accuracy completeness and update. If Member provides wrong, inaccurate, outdated, incomplete or misleading information or if KIL has reason to suspect the same to be wrong, inaccurate, outdated, incomplete or misleading, KIL has the right to refuse application for Membership Services or to suspend or discontinue or terminate the Membership Services without notice or incurring any liability towards Member or any persons.
6. MODIFCATIONS TO THE TERMS AND CONDITIONS
KIL may change amend or revise the Terms and Conditions from time to time including but not limited to amendment to the said service charges. Such changes, additions or deletions shall be effective immediately upon the giving of notice by KIL by whatever means that KIL may think fit including but not limited to posting on www.passiiqe.com, or by any other communication means by which Member or Subscriber may have notice thereof. Any use of Membership Services or Subscribed Services by Member or Subscriber after such notice shall be deemed to constitute acceptance by Member or Subscriber of such changes additions or deletions. Member’s or Subscriber's continued use of Membership Services or Subscribed Services constitutes affirmative : (i) acknowledgement by Member or Subscriber of the Terms and Conditions and its changes additions or deletions and (ii) agreement by Member or Subscriber to abide and be bound by the Terms and Conditions and its changes additions or deletions.
7. MODIFICATION SUSPENSION OR TERMINATION OF MEMBERSHIP SERVICES OR SUBSCRIBED SERVICES
KIL may without giving any prior notice to Member or Subscriber :-
i.modify suspend and/or terminate any or all of Membership Services or Subscribed Services;
ii.deactivate any or all of Membership Services or Subscribed Services in order to carry out system maintenance, upgrading testing and/or repairs;
iii.restrict or suspend use and access by Member or Subscriber to any or all of the Membership Services or Subscribed Services in the circumstances that KIL is of opinion that Member or Subscriber has been in breach of any of the Terms and Conditions or such action is found by KIL appropriate desirable or necessary.
Member or Subscriber acknowledges and agrees that KIL shall not be liable to Member or Subscriber or any third party but Clauses 4, 5, 8-13 and 15-17 and other applicable Terms and Conditions shall survive the modification suspension or termination of Membership Services or Subscribed Services.
Subscriber has no right to modify or early terminate Subscribed Services.
9. MEMBER OR SUBSCRIBER LOGIN NAME, PASSWORD, AND SECURITY
Member or Subscriber must retain his Member or Subscriber Login Name and password for access to his account. Member or Subscriber is entirely responsible for maintaining the confidentiality of his login name, password and any other information of his account. Member or Subscriber is also entirely responsible for any and all activities and conducts that occur under his account. Member or Subscriber may change his password at any time. Member or Subscriber agrees to immediately notify KIL of any unauthorized use of his account or any other breach of security known to Member or Subscriber. For better security, KIL highly recommends you to change your password regularly. If Member or Subscriber wants to change his contact e-mail, please click into "My Profile Setting" of www.passiiqe.com to update the "Contact E-mail" information.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
For more information, please refer to the Disclaimer of Warranties and Limitation of Liabilities of KIL at www.passiiqe.com.
11. Prohibition against transfer OR commercial use of MEMBERSHIP SERVICES OR Subscribed Services
Membership Services or Subscribed Services are limited for personal use by Member or Subscriber. Save with the KIL's prior written consent, Member or Subscriber shall not copy duplicate transfer or assign or sell or make or cause commercial use of Membership Services or Subscribed Services or the contents thereof. KIL reserves the right to terminate this Membership or Subscription Agreement forthwith without notice should Member or Subscriber be in breach of this clause.
12. MEMBER’S OR SUBSCRIBER'S CONDUCT
Member or Subscriber shall be solely responsible for the contents of his transmissions through the Membership Services or Subscribed Services. Member or Subscriber represents and warrants to KIL that Member or Subscriber will not use the Membership Services or Subscribed Services for any purpose that is unlawful or improper and shall use Membership Services or Subscribed Services in compliance with all applicable local and international laws rules and regulations.
Member or Subscriber agrees and undertakes not to do anything which is illegal or improper including but not limited to the following:-
i.use Membership Services or Subscribed Services in connection with surveys, contests, pyramid schemes, chain letters, advertising promotion, junk email, 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 race and sex discriminating or unlawful material or information;
iv.advertise or offer to sell or buy any goods or services for any non-personal purpose;
v.collect personal information and email address of other persons, 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.transmit or upload any material that contains viruses, time bombs, or any other harmful or deleterious programs;
viii.transmit or upload any material that contains software or other materials protected by intellectual property laws, rights of privacy or publicity or any other applicable law and transmit and send any material or information that was received as a result of any contracts or trust unless Member or Subscriber owns or controls the rights thereto or has received all necessary consents;
ix.interfere with or disrupt networks connected to Membership Services or Subscribed Services or violate the regulations, policies or procedures of such networks;
x.attempt to gain unauthorized access to Membership Service or Subscribed Services, other accounts, computer systems or networks connected to Membership Services or Subscribed Services, through password mining or any other means;
xi.interfere with use and enjoyment of Membership Services or Subscribed Services by KIL’s other Subscribers or Members or another individual's or entity's use and enjoyment of similar services;
xii.amend change or edit any or all of the contents at www.passiiqe.com; and
xiii.use unapproved browsers (including but not limited to all mobile browsers such as Safari in iPad and iPhone) or a non-conventional way (including but not limited to scripts and batch files) to access the website.
KIL has the right without notice to immediately suspend or terminate Membership Services or Subscribed Services should Member or Subscriber fail to conform any of the above terms.
KIL has no obligation to monitor the services or activities at www.passiiqe.com or any user's conducts thereof or retain the contents of any user session. However, KIL reserves the right at all times to monitor, review, retain and / or disclose any information as necessary to comply with any applicable law, regulations legal process or relevant authorities’request.
Member or Subscriber shall indemnify and hold KIL, its parent companies, subsidiaries, affiliates, officers, agents employees contractors advertisers or other persons or entities whosoever indemnified against any claims losses damages (actual and consequential), suits, judgments, litigation costs and liabilities or expenses whatsoever in nature made by any third party due to or arising out of Member’s or Subscriber's use of Membership Services or Subscribed Services, the violation of Terms and Conditions by Member or Subscriber, use of Member’s or Subscriber’s computer by Member or Subscriber or other persons resulting in infringement of any intellectual rights and other rights of any person or entity.
KIL may send emails or through www.passiiqe.com inform Member or Subscriber of all matters relating to Member or Subscriber. Notice to KIL shall be in writing and shall be made by email or by post.
15. INTELLECTUAL PROPERTY RIGHTS
i.Member or Subscriber acknowledges that the 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 Member or Subscriber by Membership Services or Subscribed Services, KIL's Advertisers or content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; Member or Subscriber may make a copy of the content for Member’s or Subscriber's sole personal, non-commercial use only, but shall keep all copyright and other proprietary notices intact. Member or Subscriber may not copy, reproduce, distribute, or create derivative works from the content without expressly being authorized to do so by KIL or the Advertisers or the content provider.
ii.KIL claims no ownership or control over any content submitted posted or displayed by Member or Subscriber on or through www.passiiqe.com. Member or Subscriber represents and warrants that he has all the rights powers and authority to submit post or display the content (including information data text software music sound photographs video graphics or any other contents) ("the Content") on or through www.passiiqe.com. Member or Subscriber and the Third Party (if applicable) retains all intellectual property rights to the Content so submitted, posted or displayed on or through www.passiiqe.com and shall be responsible for protecting those rights. By submitting, posting or displaying the Content on or through www.passiiqe.com which are intended to be available to the other Subscribers or Members or the public, Member or Subscriber grants KIL a worldwide, non-exclusive, royalty free licence to reproduce publish and distribute the Content on www.passiiqe.com. KIL further reserves its right to refuse to accept, post, display or transmit any Content at its sole discretion.
iii.Member or Subscriber shall not without necessary authority or consent quote, transmit, upload, or post any of the Content. KIL cannot control the Content and does not guarantee the accuracy, integrity and quality of the Content. Member or Subscriber, as the provider of the Content, is to take full responsibility for the Content so quoted uploaded or posted.
16. CHOICE OF LAWS AND JURISDICTION
This Membership or Subscription Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong").
Member or Subscriber and KIL agree to submit to the exclusive jurisdiction of courts of Hong Kong. In case there arises discrepancy in Chinese and English versions of the Terms and Conditions, the English version shall prevail.
17. WAIVER AND SEVERABILITY OF THE TERMS AND CONDITIONS
KIL's failure to exercise or enforce any right or provision of this Membership or Subscription Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by KIL in writing.
If any provision(s) of this Membership or Subscription Agreement is found by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as much as possible, to give effect to the intentions of the parties as reflected in such provision(s) with the other provisions remaining in full force and effect.