Terms Of Use - SGCL's API and Partner Management Panel -

Important NoticeThese Terms of Use will apply when you use SGCL's API and/or PMP (defined in Clause 1 below). Before using SGCL's API and/or PMP, we ask that you read these Terms of Use carefully. If you find yourself unable to agree to these Terms of Use, then you must not use SGCL's API and / or PMP. By using SGCL's API and/or PMP, you accept and agree to be bound by these Terms of Use unconditionally.

1. In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:-

"Confidential Information"

means any information obtained from or through the Platform including, without limitation, data relating to applicants and registrants of .hk domain names, whether in writing or otherwise that is not publicly known including any compilation of otherwise public information in a form not publicly known but not including information that, at the time of disclosure, is publicly known; information that, after disclosure, becomes publicly known other than as a result of a breach of this Terms of Use; information that the recipient can show was known to it prior to the disclosure; and information that the recipient can show was made known to it by a third party who was entitled to do so and who did not impose any obligation of confidentiality or restricted use;

"Domain Name Dispute Resolution Policy"

means Hong Kong Internet Registration Corporation Limited's Domain Name Dispute Resolution Policy;

"SGCL"

means Speedy Group Corporation Limited;

"SGCL's API"

means SGCL's Application Programming Interface;

"Platform"

means SGCL's API or PMP;

"Registration Agreement"

means SGCL's Domain Name Registration Supplement Agreement - Applicable to Hong Kong Designated Domain ;

"Rules for .hk Domains and Sub-domains"

means Hong Kong Internet Registration Corporation Limited's Rules for .hk Domains and Sub-Domains; and

"PMP"

means Partner Management Panel.

"HKIRC Published Policies" means Hong Kong Internet Registration Corporation Limited Domain Name Registration Policies, Procedures and Guidelines, Hong Kong Internet Registration Corporation Limited Domain Name Dispute Resolution Policy for .hk and .香港 and its Rules of Procedure and other Published Policies set out from time to time
"SGCL Published Policies" means Speedy Group Corporation Limited General Services Terms and Conditions, General Registration Agreement, Terms and Conditions of Domain Name Registration and Related Services, Privacy Policy and Personal Data Collection Statement, Spam Mail Policy, Anti-SPAM - Code of Practice, Domain Name Registration Supplement Agreement - Applicable to Hong Kong Designated Domain and other Published Policies set out from time to time.

 

2. By sending requests to us for Domain Name Administration through the Platform, you warrant to SGCL that you are authorized to apply for all the services detailed in your requests on behalf of your customers, to legally bind your customers to the terms and conditions of the documents below and that you have notified your customers that their .hk and/or .香港 domain name registrations will be bound by such documents, namely:(i) the Registration Agreement;(ii) HKIRC Published Policies;(iii) SGCL Published Policies; and(iv) any other applicable agreements, rules, policies, Terms and Conditions and Important Notices.

3. You shall not expressly or impliedly represent and/or cause any misconception to the public or to applicants or registrants of .hk or .香港 domain names that you are the registrar or registry responsible for .hk or .香港 domain names.

4. You shall not, whether by yourself, your agent, employees or any person authorised by you, do any of the following:a. use any data obtained from the Platform to send unsolicited commercial advertising of any sort via any medium including, without limitation, the telephone, email or fax; or b. enable high volume, automated or electronic processes (except legitimate batch input processes for domain name registration and/or maintenance purposes on the SGCL's API) to access SGCL's computer systems including, without limitation, the Platform and WHOIS search enquiry service; or c. compile, repackage, disseminate, disclose to any third party or use the data obtained from the Platform for any purpose other than obtaining information about a domain name registration record; or d. use such data obtained from the Platform to derive an economic benefit for yourself or any third parties except by applying for or maintaining a .hk or .香港 domain name for and on behalf of your customers.

5. You shall treat as confidential at all times all customer data and/or Confidential Information obtained from the Platform and such data shall not be used in any way detrimental to the customer and/or to SGCL. You shall not divulge the customer data or Confidential Information to any person except to your own employees on a need-to-know basis. You shall prevent any unauthorized use, dissemination or publication of Confidential Information and you shall not do any act, or engage in any practice, that contravenes the Hong Kong Personal Data (Privacy) Ordinance (Cap.486). In the event of any unauthorized disclosure of protected personal data and/or Confidential Information by you, whether willfully or not, you and/or your representatives who disclose the data shall be wholly and personally liable for any losses and/or damages, whether monetary or not, which SGCL may suffer directly and/or indirectly as a result of such unauthorized disclosure. SGCL shall be entitled to damages which include, without limitation, all legal costs and expenses incurred by SGCL in connection with the enforcement of these Terms of Use.

6. SGCL in its sole discretion may terminate or suspend your ability to access and/or use of the Platform at any time without prior notice including, without limitation, in the event of (i) a breach of these Terms of Use by you, (ii) non-performance of your obligations under these Terms of Use, (iii) breach by you of any of the Registration Agreement, SGCL Service Partner Program Terms and Conditions.

7. DISCLAIMER. SGCL ACCEPTS NO LIABILITY AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY (INCLUDING SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE) FROM YOUR ACCESS TO THE PLATFORM OR USE OF THE PLATFORM, NOT LIMITED TO BUT INCLUDING ANY LOSS, DAMAGE OR EXPENSE ARISING FROM ANY DEFECT, ERROR, IMPERFECTION OR INACCURACY WITH THE PLATFORM, ITS CONTENTS OR ASSOCIATED SERVICES, OR DUE TO ANY UNAVAILABILITY OF ANY PART OF THE PLATFORM OR ASSOCIATED SERVICES OR TO ANY DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, TROJAN HORSE, WORM, SOFTWARE BOMB, COMMUNICATION LINE FAILURE, SOFTWARE OR HARDWARE DATA (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATABILITY PROBLEMS), OR INTERCEPTION OF ON-LINE COMMUNICATION.

SGCL MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY REGARDING THE PLATFORM OR THE MATERIALS AND INFORMATION CONTAINED OR REFERRED TO ON EACH PAGE ASSOCIATED WITH THE PLATFORM. NO CLAIMS OR ACTIONS OF LEGAL PROCEEDINGS IN CONNECTION WITH THE USE OF THIS PLATFORM BY YOU OR ANY THIRD PARTIES AUTHORISED BY YOU TO USE THE PLATFORM WILL BE ENTERTAINED BY SGCL.

8. You, your employees, agents and any person authorised by you shall not seek to recover and shall not be entitled to recover from SGCL or to be indemnified by SGCL against any direct, indirect or consequential loss or damage suffered by you arising out of or in connection with your use of the Platform.

9. You shall be held responsible for any losses and damages suffered by SGCL arising either directly or indirectly from the use of the Platform by you, your employees, agents or any person authorised by you. SGCL reserves the right to claim, take any actions or legal proceedings for recovery or compensation as a result.

10. You hereby agree to fully indemnify, defend and hold SGCL, its affiliates or partners, agents, directors, employees harmless from and against any action, liability, costs claim, loss, damage, proceeding or expense of whatsoever nature (including reasonable legal fees, costs and expenses on a full indemnity basis) arising from or directly or indirectly related to:-

(a) your access to and/or use of the Platform and/or any other person or entity's use of this service or the Platform where such person or entity was authorised by you to access and/or use the Platform; or

(b) any negligent act or omission or breach or non-observance of any of these Terms of Use by you or by any other person or entity where such person or entity authorised by you to use the Platform; or

(c) any materials you submit, post to, or transmit through the Platform.

11. All reasonable efforts are made by SGCL to ensure the information provided on the Platform is accurate and/or up-to-date, SGCL gives no warranty of any kind express or implied with regard to the accuracy or completeness of any information on the Platform or that the Platform will be error free. Information obtained through the Platform may contain errors including, without limitation, inaccuracies or typographical errors. SGCL shall not be liable to you for any loss arising out of and to the extent caused by any failure by SGCL to keep the information on the Platform accurate and/or up-to-date. SGCL reserves the right in its discretion but undertakes no duty to review, edit or otherwise change without prior warning or notice any information or material contained on the Platform.

12. SGCL does not guarantee that any e-mails from the Platform will be sent to you or received by SGCL nor does SGCL warrant the privacy and/or security of e-mails during Internet transmission.

13. SGCL may use "session cookies" on the Platform. If you want to disallow such cookies you can do so on your Web browser. These cookies are stored on your computer temporarily, not permanently, namely for the duration of each of your visits to the Platform.

14. SGCL reserves the right to amend these Terms of Use at any time without prior notice. You shall review the PMP regularly in order to be aware of such amendments.

15. These Terms of Use shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.


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