General Terms and Conditions of Website Use
- Definitions and Interpretations
1.1 In this General Terms and Conditions (“General Terms”), the following terms shall have the meanings ascribed to them below:
“Alliance Partner” means any legal entity or individual invited by the Company to participate in the NTT Innovation Alliance Program, as more fully defined in the CAP Portal Terms.
“Authorized User” means a Customer or an Alliance Partner, or their designated representatives, who have been granted specific authorization by the Company to access and utilize the CAP Portal pursuant to the CAP Portal Terms.
“CAP Portal” means the Customer and Alliance Partner Portal, being the online platform provided by the Company for Customers and Alliance Partners to access certain services, information, and resources.
“CAP Portal Content” means any information, documents, images, videos, materials, or other content available on, downloadable from, or obtained through the CAP Portal, whether by viewing, downloading, copying, or any other means.
“CAP Portal Terms” means the Customer and Alliance Partner Portal Terms and Conditions governing the use of the CAP Portal, as amended from time to time.
“Intellectual Property Rights" means all rights in and to any copyright, trademark, trading name, design, patent, know how (trade secrets) and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic field and any application or right to apply for registration of any of these rights and any right to protect or enforce any of these rights, as further specified in any intellectual property law worldwide. Such rights include, but are not limited to (a) patents, utility models, supplementary protection certificates, petty patents, rights in trade secrets and other confidential or undisclosed information (such as inventions (whether patentable or not) or know-how), plant variety rights, design rights; (b) trademarks, trade names, service marks, logos, trade dress and rights to goodwill or to sue for passing off or unfair competition; (c) copyright, moral rights, database rights, rights in designs, rights in computer software, mask work rights, rights in confidential information, trade secrets and know-how; (d) domain names, rights in domain names and any other industrial or intellectual property rights; and (e) any other intellectual property rights of any nature including all applications (or rights to apply) for, and renewals or extensions of such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Hong Kong” means Hong Kong Special Administrative Region of the People’s Republic of China.
“Website User” means any individual or entity accessing or using the Company's public-facing website, without logging into the CAP Portal.
“Website” means the Company’s public-facing website accessible at www.ntt.com.hk (excluding the CAP Portal).
“Website Content” means any information, documents, images, videos, materials, or other content available on or obtainable through the Website, excluding CAP Portal Content.
“User” means a Website User, a Customer, or an Alliance Partner, as applicable.
1.2 In these General Terms, unless the context requires otherwise,
(a) the singular includes the plural and vice versa;
(b) words denoting any gender include all genders;
(c) reference to a person includes any individual, firm, body corporate, association, partnership, government authority, or other entity, whether or not having separate legal person;
(d) a reference to a party includes its successors and permitted assigns; ;
(e) any reference to a provision of law is a reference to that provision as amended or re-enacted from time to time;
(f) the headings and captions are for convenience only and do not affect interpretation.
- Applicability of Terms
2.1 These General Terms and Conditions apply to all Website Users and Authorized Users. Authorized Users are additionally bound by the CAP Portal Terms in respect of their access to and use of the CAP Portal.
2.2 By accessing or using the Website or the CAP Portal, Users acknowledge that they have read, understood, and agree to be bound by these General Terms and Conditions and, where applicable, the CAP Portal Terms.
2.3 The Company reserves the right to amend these General Terms and Conditions at any time. Any such amendments shall be effective immediately upon posting on the Website. Users' continued use of the Website or CAP Portal following the posting of amendments shall constitute acceptance of such amendments. - Access and Use
3.1 Website Users may access and use the Website in accordance with these General Terms and Conditions.
3.2 Access to and use of the CAP Portal is restricted to Authorized Users and is governed by the CAP Portal Terms in addition to these General Terms and Conditions.
3.3 The Company reserves the right to refuse access to the Website or CAP Portal to any person at any time for any reason, in its sole discretion.
3.4 Users shall not:
(a) use the Website or CAP Portal for any unlawful purpose or in any way that interrupts, damages, impairs or renders the Website or CAP Portal less efficient;
(b) transfer files that contain viruses, trojans or other harmful programs;
(c) access or attempt to access the accounts of other Users;
(d) attempt to circumvent any technological measure implemented by the Company to protect the Website or CAP Portal;
(e) use the Website or CAP Portal to distribute unsolicited commercial communications; or
(f) use the Website or CAP Portal in any manner that could damage, disable, overburden, or impair any Company server, or interfere with any other party's use and enjoyment of the Website or CAP Portal.
3.5 By accessing, using, and/or downloading any information from the Website or the CAP Portal, Users signify their agreement to and acceptance of these General Terms and Conditions.
3.6 Authorized Users further acknowledge and agree that their access to and use of the CAP Portal constitutes acceptance of the CAP Portal Terms in addition to these General Terms and Conditions.
3.7 If a User does not agree to these General Terms and Conditions, such User must immediately cease all use of the Website and, if applicable, the CAP Portal.
3.8 The Company reserves the right to monitor Users' access to and use of the Website and CAP Portal to ensure compliance with these General Terms and Conditions and, where applicable, the CAP Portal Terms.
- Intellectual Property Rights
4.1 All Intellectual Property Rights in the Website Content and the CAP Portal Content (collectively, the "Materials") are owned exclusively by the Company or are used lawfully with permission by the Company, unless otherwise expressly stated in writing by the Company. These Materials are protected by the Copyright Ordinance (Cap 528), the intellectual property laws of the Hong Kong, and international copyright treaties and conventions.
4.2 The Materials include, but are not limited to, all content, texts, graphics, data, visual interfaces, interactive features, and the selection and arrangement thereof provided on the Website and the CAP Portal.
4.3 Users shall not, and shall not attempt to:
(a) reverse engineer, decompile, disassemble, or otherwise derive the source code or underlying ideas or algorithms of any Website Content or CAP Portal Content;
(b) copy, reproduce, distribute, publicly display, sell, or exploit the Materials, in whole or in part, without the prior written consent of the Company;
(c) use the Materials in any manner that infringes the Intellectual Property Rights of the Company or any third party.
4.4 Website Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Website Content solely for personal, non-commercial purposes.
4.5 Authorized Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the CAP Portal Content solely as necessary for the purposes authorized by the Company and in accordance with the CAP Portal Terms.
4.6 Any unauthorized use of the Materials may result in civil and/or criminal penalties under the relevant laws. The Company reserves the right to seek all remedies available by law for any infringement of its Intellectual Property Rights.
4.7 Nothing in these General Terms and Conditions or the CAP Portal Terms shall be construed as granting the User any right, title, or interest in or to any Intellectual Property Rights owned by the Company.
- User Obligations
5.1 Users shall:
(a) provide accurate, current, and complete information about themselves as may be prompted by any registration forms on the Website or CAP Portal;
(b) maintain the security of their account and password;
(c) promptly notify the Company of any unauthorized use of their account or any other breach of security;
(d) accept all risks of unauthorized access to their account information and any other information they provide to the Company.
- Disclaimers and Limitations
6.1 Disclaimer of Warranties
6.1.1 The Website and CAP Portal, including all content, materials, information, services, and products thereon, are provided on an "as is" and "as available" basis. To the fullest extent permissible under the laws of Hong Kong, the Company expressly disclaims all warranties, representations, and guarantees of any kind, whether express or implied, including but not limited to:
(a) implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement of intellectual property rights;
(b) warranties regarding the accuracy, reliability, completeness, or timeliness of the content, information, or materials on the Website or CAP Portal;
(c) warranties regarding the availability or uninterrupted operation of the Website or CAP Portal;
(d) warranties regarding the security of the Website or CAP Portal or the absence of viruses, malware, or other harmful components.
6.1.2 The Company does not warrant that:
(a) the Website or CAP Portal will operate error-free or meet User requirements;
(b) defects or errors in the Website or CAP Portal will be corrected;
(c) the Website or CAP Portal or the server that makes them available are free of viruses or other harmful components; or
(d) the use or the results of the use of the Website or CAP Portal or any content, information, materials, services, or products provided through the Website or CAP Portal will be correct, accurate, timely, or otherwise reliable.
6.1.3 Any material downloaded or otherwise obtained through the use of the Website or CAP Portal is done at User’s own discretion and risk. User will be solely responsible for any damage to User’s computer system or loss of data that results from the download of any such material.
6.1.4 No advice or information, whether oral or written, obtained by User from the Company or through or from the Website or CAP Portal shall create any warranty not expressly stated in these General Terms and Conditions.
6.1.5 User acknowledges and agrees that its use of the Website and CAP Portal is at User’s sole risk.
6.1.6 If User’s use of the Website or CAP Portal or any content, information, materials, services, or products provided through the Website or CAP Portal results in the need for servicing or replacing equipment, software, or data, the Company shall not be responsible for or liable to those costs.
6.1.7 Any material downloaded or otherwise obtained through the use of the Website or CAP Portal is done at User’s own discretion and risk. User will be solely responsible for any damage to User’s computer system or loss of data that results from the download of any such material.
6.1.8 No advice or information, whether oral or written, obtained by User from the Company or its affiliates through or from the Website or CAP Portal shall create any warranty not expressly stated in these General Terms and Conditions.
6.1.9 User acknowledges and agrees that User’s use of the Website and CAP Portal is at User’s sole risk. The foregoing disclaimers of warranties do not affect any warranties which cannot be excluded or limited under applicable law.
6.1.10 The Company reserves the right to:
(a) modify, suspend, or discontinue the Website or CAP Portal or any part thereof at any time without notice or liability;
(b) impose limits on certain features and services or restrict access to parts or all of the Website or CAP Portal without notice or liability.
6.1.11 To the maximum extent permitted by applicable law, the Company disclaims all liability for any loss or damage arising out of or in connection with User’s use of the Website or CAP Portal, including but not limited to direct, indirect, incidental, consequential, and punitive damages, whether based on warranty, contract, tort (including negligence), or any otherwise.
6.2 Limitation of Liability
6.2.1 To the maximum extent permitted by applicable law, in no event shall the Company, its affiliates, licensors, service providers, employees, agents, officers, or directors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to User’s use of, or inability to use, the Website or CAP Portal.
6.2.2 Without limiting the foregoing, the Company's liability to User for any cause whatsoever and regardless of the form of the action, will at all times be limited to the greater of (a) the amount paid, if any, by User to the Company for the use of the Website or CAP Portal during the 3 months prior to the event giving rise to liability or (b) HKD 1,00 (one hundred Hong Kong dollars).
6.2.3 The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or the Company was advised of the possibility of such damages.
6.2.4 The foregoing disclaimers of warranties and limitations of liability do not affect any warranties or liabilities which cannot be excluded or limited under applicable law.
6.2.5 The Company reserves the right to:
(a) modify, suspend, or discontinue the Website or CAP Portal or any part thereof at any time without notice or liability; and/or
(b) impose limits on certain features and services or restrict access to parts or all of the Website or CAP Portal without notice or liability.
- Trademark Ownership and Usage
7.1 The trademarks, trade names, logos, and service marks displayed on the Website (collectively, the "Trademarks"), whether registered under the Trademark Ordinance (Cap 559 of the laws of Hong Kong) or unregistered, remain the exclusive property of the Company or its licensors.
7.2 Unauthorized use, reproduction, modification, distribution, transmission, or exploitation of the Trademarks is strictly prohibited and may constitute an infringement of our proprietary rights or those of our licensors. Such unauthorized use may give rise to a claim for damages and/or be a criminal offense under the applicable intellectual property laws of Hong Kong.
7.3 Usage of any of the Trademarks, without the Company's express prior written consent, may also breach the Trade Descriptions Ordinance (Cap 362 of the laws of Hong Kong) and other relevant laws of Hong Kong. The Company reserves the right to enforce its intellectual property rights to the fullest extent of the law. - Personal Data Protection
8.1 The Company undertakes to adhere to the Personal Data (Privacy) Ordinance (Cap 486 of the laws of Hong Kong), and has thus instituted a robust Privacy Policy detailing our stringent data collection, processing, and transfer protocols. While we commit to the utmost data confidentiality, users acknowledge that no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure.
8.2 The Company thus disclaims, to the maximum extent permitted by law, all liability for any breach of security, unintended disclosure, or data loss relating to personal information. Furthermore, where data is transferred to third-party service providers, the Company limits its liability to the diligent selection and instruction of such providers, without bearing responsibility for their subsequent data handling practices.
8.3 In the event of legal provisions conflicting with this Policy, the terms that most robustly protect the Company against third-party claims shall prevail. - Advertising Content
9.1 The Company endeavors to ensure that all advertising materials on the Website and CAP Portal are in full compliance with the Trade Descriptions Ordinance (Cap 362 of the laws of Hong Kong). However, the Company disclaims all liability for any inadvertent inaccuracies or omissions in such materials and for any reliance placed by any User on the advertising content found on the Website or CAP Portal.
9.2 In the case of any discrepancies or alleged misleading information, the Company's sole responsibility shall be limited to correcting such information upon notice and as expediently as possible.
9.3 Users acknowledge that any third-party advertisements or promotional materials displayed on the Website or CAP Portal are not endorsed by the Company, and the Company shall not be responsible for the content of such advertisements or promotional materials. - Electronic Communication
10.1 The Company adheres to the Unsolicited Electronic Messages Ordinance (Cap 593 of the laws of Hong Kong) and the Personal Data (Privacy) Ordinance (Cap 486 of the laws of Hong Kong) in its electronic communications, including those through the Website and CAP Portal. The Company endeavors to ensure all messages contain accurate sender information, a functional unsubscribe option, and are devoid of misleading content.
10.2 Despite our efforts, the Company disclaims all liability for unintentional non-compliance and for any third-party claims arising from perceived spamming or data misuse. In the event of such a claim, the Company's responsibility is limited to corrective action in accordance with the relevant statutory requirement. - Interpretation of Website Information
11.1 Notwithstanding any content presented on the Website, the Company unequivocally declares that such content, including but not limited to product and service descriptions, pricing, and any graphical depictions, shall not constitute a contractual offer, but merely an invitation for the user to make an offer.
11.2 The Company retains absolute discretion to accept or decline any offers at its sole discretion. Any reliance on website content as constituting a binding offer is at the user's risk, and the Company explicitly disclaims all liability for such reliance. Furthermore, no claim arising from such reliance shall be deemed valid against the Company. - User Account Security
12.1 The User shall be solely and fully responsible for maintaining the strict confidentiality and security of their login credentials to access their user account to the CAP Portal, including usernames, passwords, and any other access codes (“Account Credentials”).
12.2 Under no circumstances shall Authorized Users disclose or allow disclosure of their Account Credentials to any third party. Authorized Users expressly understand and agree that sharing of Account Credentials could result in unauthorized access to their user account and associated data.
12.3 Authorized Users shall be solely liable and accountable, without any recourse against the Company, for any and all activities, acts and omissions that occur through the use of their Account Credentials, whether authorized or unauthorized.
12.4 Authorized Users shall immediately report to the Company in writing any actual or suspected unauthorized use, loss or disclosure of their Account Credentials, unauthorized access to their user account, or any breach or compromise of their user account security ("Account Breach"). Upon receiving such report, the Company may suspend or terminate the Authorized User's account in its sole discretion.
12.5 Authorized Users shall fully cooperate with any investigation the Company may conduct regarding any Account Breach. An Authorized User's failure to immediately report an Account Breach or cooperate with the Company's investigation shall constitute a material breach of these General Terms and the CAP Portal Terms. - Indemnification
13.1 User agrees to defend, indemnify, and hold harmless the Company, its parent company, subsidiaries, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees and costs of investigation) arising out of or relating to:
(a) User’s violation of these General Terms, Portal Terms, or Privacy Policy;
(b) User’s use of the Website or CAP Portal, including but not limited to any use of the Website or CAP Portal’s content, services, or products;
(c) User’s any violation of applicable laws, rules, or regulations in connection with User’s access to or use of the Website or CAP Portal;
(d) User’ any actions or omissions that result in a breach of any representations, warranties, or covenants made by User under these General Terms and Conditions or the CAP Portal Terms;
(e) any negligent or willful misconduct by User in connection with User’s use of the Website or CAP Portal.
13.2 The Company reserves the right, at User’s expense, to assume the exclusive defense and control of any matter for which User is required to indemnify the Indemnified Parties, and User agrees to cooperate fully with the Company in asserting any available defenses. User agrees not to settle any such matter without the prior written consent of the Company. The Company will use reasonable efforts to notify User of any such claim, action, or proceeding upon becoming aware of it.
13.3 In the event that the Company assumes the defense of any matter as described in clause 13.2, User irrevocably and unconditionally agrees to reimburse the Company for all of its costs and expenses (including attorney's fees and costs) incurred in connection with such defense.
13.4 User acknowledges that the Company has no duty to take any action with respect to any claim by one user against another user. User releases the Company from all damages (actual and consequential), losses and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between User and other users.
13.5 This indemnification obligation will survive the termination or expiration of these General Terms and Conditions, User access to or use of the Website or CAP Portal, and any agreement between User and the Company.
13.6 The Company reserves the right to handle its defense in any manner it sees fit, even if User is indemnifying the Company, without affecting User’s indemnification obligations under this clause 13.
13.7 The remedies provided in this clause 13 are not exclusive and are in addition to any other remedies available at law or in equity to the Indemnified Parties.
- Force Majeure
14.1 The Company shall not be liable for any failure or delay in performing its obligations under these General Terms and Conditions where such failure or delay results from any cause that is beyond its reasonable control. Such causes include, but are not limited to, power failure, Internet service provider failure, acts of God, epidemic, pandemic, civil unrest, fire, flood, droughts, storms, earthquakes, collapse of buildings, explosion or accident, acts of terrorism, acts of war, governmental action, or any other event that is beyond the Company's control. - Modifications
15.1 The Company may modify these General Terms at any time without prior notice. Modifications will be effective immediately upon posting on the Website. Users are encouraged to regularly review the General Terms for any changes.
15.2 Users' continued use of the Website or CAP Portal after any changes to these General Terms constitutes their acceptance of the revised terms. If Users do not agree to the amended Terms, they should cease using the Website and CAP Portal. - Entire Agreement
16.1 These General Terms, together with the CAP Portal Terms for Authorized Users, constitute the entire and sole agreement between the User and the Company with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
16.2 The Company and the Users explicitly affirm that they will not be bound by any agreement, representation, warranty, or understanding, whether express or implied, that is not definitively set forth in these General Terms. - Severability
17.1 If any provision of these General Terms, or the application thereof to any person, place, or circumstance, is held to be invalid, unenforceable or void, the remainder of these General Terms and such provisions as applied to other persons, places, and circumstances shall remain in full force and effect.
17.2 To the extent permitted by law, the provision in question shall be modified in a manner that most closely matches the intent of the original provision. - Governing Law and Jurisdiction
18.1 These General Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Hong Kong.
18.2 Users irrevocably agree that the courts of Hong Kong shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these General Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims).
18.3 Notwithstanding the foregoing, the Company reserves the right to bring proceedings in any court of competent jurisdiction to obtain injunctions, specific performance, or other equitable relief to protect its Intellectual Property Rights or confidential information. - Miscellaneous
19.1 The waiver by the Company of any breach or default of any provision of these General Terms shall not be construed as a continuing waiver of other breaches or defaults of the same or other provisions, nor shall any delay or omission on the part of the Company to exercise or avail itself of any right, power, or privilege that it has, or may have hereunder, operate as a waiver of any right, power, or privilege by the Company.
19.2 The rights granted to Uder under these General Terms are personal to User, and User may not assign, delegate, sub-contract, or transfer any of the User’s rights or obligations without the prior written consent of the Company. Any purported assignment, delegation, or transfer in violation of this provision shall be null and void. The Company reserves the right to assign, delegate, or transfer its rights and obligations under these General Terms to any entity or person at its sole discretion, without any requirement to obtain User’s consent or to provide notice to User.
19.3 These General Terms have been executed in the English language. In the case of any conflict or divergence in interpretation between the English version and any translation of these General Terms into another language, the English version shall be authoritative and control the interpretation of the contractual relationship herein. Any translations provided are for convenience only and shall not be used to interpret or construe these General Terms.