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Terms of Use

BEFORE USING THIS WEBSITE PLEASE READ THE TERMS OF USE SET FORTH BELOW, AS THEY APPLY TO YOUR USE OF THIS WEBSITE. BY USING AND CONTINUING ACCESS TO THIS WEBSITE, YOU SHALL CONCLUSIVELY BE DEEMED TO HAVE ACCEPTED THE TERMS OF USE SET FORTH BELOW.

 

1. Definitions

In these Terms of Use, the following words and expressions shall have the following meanings: - "Information" means information, data, text, content, analysis, news, reports, programmes, photographs, picture, graphics, video, audio, software and other materials, communications, transmissions and other items, tangible or intangible; "Services" means services as may be offered from time to time on this Website; "Terms of Use" means the terms of use set out below as amended from time to time; "we", "our" or "us" means the Hong Kong Productivity Council(HKPC) and Lab Test One.

 

2. Changes to Website

We may, at our sole discretion and at any time, without notice to you, add to, amend or remove any Information from this Website, or alter the presentation, substance, or functionality of this Website.

 

3. Changes of Terms

We may amend, add or delete any provision of the Terms of Use from time to time at our sole discretion and such amendment; addition or deletion shall be effective immediately upon either posting the modified Terms of Use or notifying you. You agree to review these Terms of Use periodically to ensure that you are aware of any modifications. Your continued access of and use of the Information of this Website and Services following such amendments to the Terms of Use, shall conclusively be deemed to be your acceptance of the modified Terms of Use.

 

4. User's Conduct

As a condition of your access or use of this Website, you must not:

A. Trespass, break into, access, use or attempt to trespass, break into, access or use any parts of our servers, and/or any data areas for which you have not been authorised by us; or

B. Restrict or inhibit any other user from using and enjoying the Website; or 

C. Post or transmit any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, harmful, hateful, offensive, or otherwise objectionable or unreasonable Information of any kind, including without limitation any transmissions constituting or encouraging conduct that may constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law; or

D. Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, junk email, investment opportunities or schemes or any other unsolicited communications or messages (commercial or otherwise), or engage in spamming or flooding; or

E. Post or transmit any Information or software which contains any virus, trojan horse, worm or other harmful component or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of this Website or any computer software or hardware; or

F. Post, publish, transmit, reproduce, distribute or in any way exploit any Information obtained through this Website for commercial purposes; or

G. Upload, post, publish, transmit, reproduce, or distribute in any way, Information obtained through this Website which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without the prior written permission of the copyright owner or right holder or otherwise infringe any patent, trademark, trade secret or other intellectual property rights or other rights of third parties; or

H. Stalk or otherwise harass or violate the legal rights of others; or

I. Collect or store personal data about other users.

You have no rights in or to the Information available on this Website and you will not use the Information available on this Website in any manner or for any purpose, except as permitted by laws or under these Terms of Use.

 

5. Prohibition of Access

We reserve the right at all times to prohibit, deny or suspend your access to this Website or any part thereof immediately and without notice, where we consider it unacceptable or we are of the opinion that you have breached any of the terms contained in the Terms of Use or that such prohibition or denial is appropriate, desirable or necessary in our sole discretion. For the avoidance of doubt, Clauses 4, 7, 8 and 12 shall remain valid and subsisting notwithstanding that your access to this Website or any part thereof is prohibited, denied or suspended.

 

6. Links to and from the Website

The links on this Website may take you to other sites that are not under our control. 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. You acknowledge and agree that we have no responsibility for the content, accuracy or availability of any Information provided by linked websites or liable for any loss or damage caused by, arising out of or in connection with use of or reliance on any Information, materials, goods or services available on or through any such websites.

 

7. Indemnity

You agree to defend, indemnify and hold us, our subsidiaries, affiliates and their respective directors, officers, employees and agents harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Use and/or your use of this Website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement in respect of the aforesaid matters. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right to assume defence and control of any claim or action exclusively.

 

8. Limited Liability And Warranty

All Information in this Website is for your general reference only. We do not accept any responsibility whatsoever in respect of such Information.

The Services and Information of this Website are provided on an "as is", "as available" basis without any representation or warranty of any kind, whether expressed or implied, including without limitation any warranties of accuracy, completeness, quality, timeliness, availability, non-infringement of copyright or any other intellectual property rights or on merchantability or fitness for any particular purpose of the Information contained in this Website other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to the Terms of Use. In particular, we do not warrant that the Information contained in this Website will be uninterrupted or error free, that defects will be corrected, or that this Website or the server that makes it available is free of any virus or other contaminating or destructive components.

In no event shall we be liable for any direct, indirect, incidental, special, economic or consequential loss or damages of any kind whatsoever (including without limitation damages for loss of profits, business interruption, loss of information or data or loss of use of any equipment or software), howsoever caused, arising out of the use or the inability to use the Information contained in this Website or any other matter related to this Website, even if the same is known to us.

You understand and agree that any Information downloaded or otherwise obtained through the use of this Website or the Services is at your own discretion and sole risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Information.

The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws. 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 Information, material, product or service referred to in the linked websites. We are not and will not be a party to any transaction between you and any third party.

 

9. Privacy Policy

For information about our privacy policies and practices, please refer to our Privacy Policy Statement on this Website. Where personal data is collected in connection with the Services, you should also have reference to the relevant user agreements linked to the form through which your personal data is collected.

 

10. Feedback

If you have any question, request or comment in connection with this Website, please send us by e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it..

You acknowledge and agree that we shall be free to copy, disclose, distribute or otherwise use any material, including without limitation, any ideas, suggestions, submissions, information or other communications transmitted or posted to this Website by you for any purposes as we deem fit without liability or compensation to any person or entity.

 

11. Severability

In the event that any term or provision of these Terms of Use shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or provision shall to that extent be severed from the remaining terms and provisions which shall continue to be valid to the fullest extent permitted by the applicable laws.

 

12. Withdrawal / Cancellation

The Withdrawal / Cancellation policy follows the prevalent terms and conditions laid out in the respective Lab Test Onepamphlets. For clarification, please contact the Lab Test OneSecretariatfor details.

 

13. Notice

Notices to you may be made via email or regular mail. We may but not obliged to provide notices of changes to the Terms of Use or other matters by displaying notices or links to you generally on this Website.

 

14. Governing Law and Jurisdiction

These Terms of Use shall be governed by the law of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"). You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.

 

15. Chinese Version

If there is any conflict or discrepancy between the English version of the Terms of Use and its Chinese translation, the English version prevails. If any part of the Chinese translation is unclear, reference should be made to the English version. The Chinese translation shall not be translated into English for the purpose of comparing with or interpreting the English version.