S’WAY RECITAL HALL MEMBERSHIP
TERMS AND CONDITIONS
- GENERAL CLAUSES
1.1 SWAY LIMITED (hereinafter as “SWAY,” “we,” “us,” and the “Company”) provides related services for S’WAY RECITAL HALL members (hereinafter referred to as the “service”) in accordance with these terms. When a member completes the membership registration procedures of S’WAY RECITAL HALL or starts using the membership service, it is to be regarded that he has read, understood and agreed to accept all the contents of this clause, and fully accept the current and future derivative service items and contents of this service and the terms and conditions of this website.
1.2 SWAY reserves the right to modify or amend the content of these Terms and Conditions at any time. The revised Terms and Conditions will be published on the website and will not notify members individually. Members are advised to pay attention to such modifications or amendments at any time. When a member continues to use this service after any modification or amendment, it is deemed that the member has read, understood, and agreed to accept such modification or amendment. If you do not agree to any of the above, the member should immediately stop using the service. All changes to the content of these Terms and Conditions will be announced or remembered in this system or other official channels of SWAY. We are not obliged to notify members through one-to-one text messages, letters or other means.
1.3 A member must be 18 years old or above and he or she should read, understand and agree to all the contents of these terms and conditions and subsequent modifications and changes before registering as a member, using or continuing to use this service. When a member uses or continues to use this service, it is assumed that the member has read, understood, and agrees to accept all the contents of this agreement and subsequent modifications.
1.4 SWAY reserves all rights and interest in the functions and other service items provided to you relating to the membership service. Except being a user in accordance with these membership terms and conditions or other service terms during the service period, a member shall not assign, transfer, rent out or lend the membership or related interest to any other third-party.
1.5 In order to provide complete member service, members agree that we may notify members of the activities and products information for the SWAY membership service from time to time by email, newsletter, advertisement, video, telephone survey, SMS, etc.
1.6 Member services are only provided based on the functions and status provided at the time; we reserve the right to add, modify or cancel all or part of the relevant systems or functions in the member services.
- Member’s registration obligations
2.1 In order to use this service, members agree to the following:
2.1.1 Provide the correct and up-to-date information of the member in accordance with the instruction of this service registration form, and shall not register as a member in the name of a third person. Each member can only register and log in to one account, and cannot register and log in repeatedly.
2.1.2 Maintain and promptly update the member’s personal information to ensure its accuracy, so as to obtain the best service.
2.1.3 If a member provides any wrong or false information, or fails to provide information as instructed, or lacks necessary information, or repeats registration of accounts, etc., SWAY has the right to suspend or terminate without prior notice the member’s account and refuse the member to use all or part of this service.
- Member account, password and security
3.1 In the process of completing the registration process of this service, the online member will obtain a specific password and member account. It is the member’s responsibility to maintain the confidentiality and security of the password and account. Any input of a member account and password consistent with the login information in accordance with the prescribed method will be presumed to be used by the member, regardless of whether it is entered by the person himself or not. The member shall be solely responsible for all actions performed under the use of such password and account. Please refer to ”Frequently Asked Questions” or email to email@example.com for relevant notices to members.
3.2 If a member finds that the account password has been fraudulently used by a third party, please call the customer service hotline or contact us via email immediately. After we receive your notification and after verification, we will suspend transactions under such an account.
- The user’s legal obligations and commitments
4.1 Members undertake not to use this service for any illegal purpose or in any illegal way, and undertake to abide by relevant laws and regulations in Hong Kong and all international practices for using the Internet. If the member is a user outside of Hong Kong, he/she agrees to abide by the laws and regulations of the country or region to which he/she belongs. Members agree and guarantee not to use this service to engage in any act that infringe the rights of others or violate the law, including but not limited to:
4.1.1 Publish or transmit any text, picture or file in any form which is defamatory, insulting, threatening, offensive, indecent, obscene, false, violation of public order or good customs or otherwise illegal;
4.1.2 Infringe or damage the reputation, privacy, trade secrets, trademark rights, copyrights, patent rights, other intellectual property rights and other rights of SWAY or others;
4.1.3. Violate confidentiality obligations under laws or contracts;
4.1.4 Use the service in the name of others;
184.108.40.206 Transmit or spread computer viruses
220.127.116.11 Engaging in business activities not authorised by SWAY
18.104.22.168 Publish, transmit and send spam, chain letters, illegal or unauthorised multi-level marketing messages and advertisements, etc.; or store any information that infringes the intellectual property rights of others or violates laws and regulations
22.214.171.124 Annoying behaviour that causes confusion, discomfort to other users of this service or third parties, or violates general Internet security regulations
126.96.36.199 Other behaviours that do not meet the purpose of use provided by this service or behaviours that SWAY has legitimate reasons to consider inappropriate
4.2 Regarding the content posted by members on this website, this website does not have any identification obligation, and such content does not represent the views of this website. Members shall bear legal responsibility for the content they posted.
- Stop and interruption of service
5.1 SWAY will maintain the normal operation of related systems and services in accordance with generally reasonable techniques and methods. However, we have the right to stop or interrupt the provision of this service in the following situations:
5.1.1 During maintenance and construction of our related system equipment
5.1.2 When a sudden electronic communication equipment failure occurs
5.1.3 When the electronic communication service applied by our service system is stopped and the service cannot be provided
5.1.4 Due to force majeure such as the actions of a third party, natural disasters, or other factors that are not attributable to SWAY, our service system cannot provide services
5.1.5 Certain members are in violation of government regulations, these terms or the terms and conditions of this website.
- Limitation and exclusion of liability
6.1 We will maintain the normal operation of the system and services in accordance with generally reasonable techniques and methods, but we do not guarantee that the data uploaded or transmitted by you will be displayed or processed normally, nor the accuracy of the data transmission. If you find that there is an error or defect in the system, please notify the customer service immediately.
6.2 However, we cannot guarantee full and complete security of Internet data transmission, and we cannot fully guarantee the security of files or data sent or received by members. Except for those caused by our intentional tort or gross negligence, we will not be liable for any damages caused by the error or defect in our system or the failure, loss or error in the transmission or storage of mails, files or data.
- Protection of intellectual property
7.1 The intellectual property rights (including but not limited to trademark rights, patent rights, copyrights, trade secrets and know-how) of the software or programmes used by SWAY and all content on the website, including but not limited to works, pictures, files, information, materials, website structure, website screen arrangement, web design, are all legally owned by us or other right holders. No one is allowed to use, modify, reproduce, publicly broadcast, change, disseminate, distribute, publicly release, perform restoration, decompile or reversely decompile them. If members want to quote or reprint the software, programmes or website content, they must obtain prior written consent from us or other rights holders in accordance with the law. In case of any violation, the member shall be liable for damages (including but not limited to litigation costs and legal fees, etc.).
7.2 Under the principle of respecting the intellectual property rights of others, members agree not to infringe the intellectual property rights of others when using the services of SWAY.
7.3 If a member is involved in infringement, we may suspend all or part of the service, or simply cancel the member’s account.
7.4 If you discover any infringement of intellectual property rights, please send the description of the infringement and contact information by email to firstname.lastname@example.org to contact us.
Member’s authorization to SWAY
7.5 For information uploaded, transmitted, input or provided by members, members agree that we may collect, process, store, transmit and use such information within a reasonable range to provide users with other information or services, or compile statistics of members, or conduct surveys or research on Internet behaviour, or for any legal use. If a member does not have the legal right to authorise others to use, modify, reproduce, publicly broadcast, change, disseminate, distribute or publicly release certain information, and delegate the foregoing rights to a third party, please do not upload, transmit, or enter the information without authorisation or provide it to SWAY. Once any information is uploaded, transmitted, entered or provided by the member, it is deemed that the member has allowed us to use, modify, reproduce, publicly broadcast, change, disseminate, issue, and publish such information unconditionally, and may delegate the foregoing rights to others, and members have no objection to this. Members should also ensure that our use, modification, reproduction, public broadcasting, secondary creation, dissemination, distribution, public release, and sublicense of such materials will not infringe the intellectual property rights of any third party, otherwise they shall be liable for damages to SWAY (Including but not limited to litigation fees and attorney fees, etc.).
- Rejection or termination of membership
8.1 If any of the following circumstances happen on a member, SWAY may suspend or terminate the use of the member’s account (or any part thereof) or the service (or any part thereof), or remove any member related information in the service and will not be liable for any compensation or compensation to members or any third parties:
8.1.1 The member commits any behaviour that violates the law, the terms of this website or its policies.
8.1.2 The member uses the service improperly, causing disturbance and damages to this website.
8.1.3 Other circumstances where SWAY reasonably considers that such action should be adopted.
When a membership account becomes invalid or is terminated, all unused offers and/or discounts shall forthwith be cancelled.
- Interpretation of the terms, applicable law and competent court
9.1 The interpretation and application of these Terms and Conditions, as well as issues or disputes related to these Terms and Conditions or between members and SWAY due to transaction activities, shall be handled in accordance with the laws of the Hong Kong Special Administrative Region.
9.2 In the event of disputes arising from members’ online purchase or transaction on this webpage or due to the terms stipulated herein or the stipulations on the relevant webpage, both parties shall negotiate and resolve the disputes based on the principle of equality and reciprocity. If it cannot be resolved through negotiation, both parties may handle it in accordance with the laws of the Hong Kong Special Administrative Region.