Terms and Conditions of Use
B. We may update or revise these Terms from time-to-time, and such revision shall be effective immediately upon posting the new Terms on DFS. Your continued use of DFS after revised Terms are posted signifies that you accept all such revisions. If you disagree with the revisions made to the Terms, or to any of the provisions of the updated Terms, you must discontinue your use of DFS and our online services and cancel any DFSGroup.com registration or online services for which you have signed up.
D. These Terms and Conditions of Use were written in English. To the extent any translated version of these Terms conflicts with the English version, the English version controls.
II. Online DFS Registration
B. You represent that you will provide truthful and accurate information when you register with DFSGroup.com.
C. You are solely responsible for all activity on your DFSGroup.com registration and for the security of your computer system. Any activities undertaken under your registration or via your computer system, regardless of whether by yourself or by a third party with or without your authorization, are your responsibility and you assume all liability for losses incurred by and any resulting damages to DFS, except where such losses are due to DFS’ willful actions or gross negligence.
III. Usage of DFS
A. If you know or suspect that your DFSGroup.com registration or your password is being misused by others, you are obligated to immediately report such unauthorized use to DFS Group Limited, Digital Team, Chinachem Golden Plaza, 9th Floor, 77 Mody Road, Tsimshatsui East, Kowloon, Hong Kong. Your DFSGroup.com registration is subject to termination if you or anyone using your DFSGroup.com registration violates these Terms or any applicable laws and regulations. If your DFSGroup.com registration is terminated, you may not register again without our written consent.
B. You may cancel your DFSGroup.com registration by sending written notice to DFS Group Limited, Digital Team, Chinachem Golden Plaza, 9th Floor, 77 Mody Road, Tsimshatsui East, Kowloon, Hong Kong.
IV. Access and Interference
A. We grant you a limited, revocable, non-transferable and non-exclusive license to access and use DFS solely for personal, non-commercial purposes. In other words, you may not: sell, resell or exploit for commercial use DFS or its contents, including, but not limited to, any collection and reproduction of any product listings or descriptions; make any derivative use of DFS or its contents; download or copy DFS information for the benefit of a third party; or use data mining, robots, or any kind of data gathering and extraction tools.
B. You may not use any means to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DFS or of the third parties associated with any of the products and services featured on DFS, without express written consent of DFS and the relevant third party. You may not without our express written permission in each case use any meta tags or any other “hidden text” utilizing DFS’ name or trademarks or use any robot, spider, scraper or other automated means to access DFS for any purpose.
V. Proprietary Rights
A. Copyrights in DFS are owned by DFS. DFS may include photographs and descriptions of products and images provided by their manufacturers and suppliers, the copyrights of which may be owned by them, but the copyrights in DFS as a whole are owned by DFS. The contents of DFS may not be reproduced, distributed, altered or otherwise exploited for any purpose not expressly permitted by DFS. The rights in the trademarks, trade names, domain names and product names contained on DFS are owned by DFS and its licensors. Any use of the trademarks, trade names, domain names and product names without express written consent of DFS and the relevant brand owners is strictly prohibited.
B. All other rights in the contents of and intellectual property in and used to create DFS are owned and reserved by DFS or its licensors.
VI. Third Party Scams and Fraud
A. We have received past reports that third parties unrelated to DFS have fraudulently misrepresented themselves as offering work-at-home payroll processing jobs for DFS. The scammer’s advertisement or email specifies the position’s salary and benefits and requests the victim to provide personal data and to purchase supplies, the cost of which the scammer says will be reimbursed to the victim. DFS does not offer work-at-home payroll processing jobs and is in no way responsible for such fraudulent activity. Victims are advised to immediately report such scams to their local law enforcement or consumer protection authorities.
B. Occasionally, third parties create websites offering products for sale that fraudulently misrepresent themselves to be DFS, using unauthorized reproductions of DFS’ logos and other intellectual property of DFS and its brand vendors. DFS does not authorize and is in no way responsible for such fraudulent activity. Please report any such fraudulent site to DFS Group Limited, Digital Team, Chinachem Golden Plaza, 9th Floor, 77 Mody Road, Tsimshatsui East, Kowloon, Hong Kong.
VII. Limitations on Warranty and Liability
DFSGROUP.COM, ITS CONTENTS AND THE ONLINE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF DFS, AND THE INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED ON DFS. TO THE FULLEST EXTENT PERMITTED BY LAW, DFS DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, DFS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA DFS IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION, IF FEATURED, IS SUBJECT TO CHANGE WITHOUT NOTICE. DFS WILL NOT BE LIABLE FOR ANY LOSSES AND DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF DFS IN VIOLATION OF THESE TERMS, UNLESS SUCH DAMAGES RESULT DIRECTLY FROM OUR WILLFUL ACTIONS OR OUR GROSS NEGLIGENCE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, AND LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF OR LIABILITY TO THIRD PARTIES.
VIII. Other Legal Terms
B. DFS reserves the right to terminate your access to DFS and its content and use at any time, with or without notice.
D. The parties shall attempt in good faith to resolve any dispute between them promptly by negotiation. Either party may send the other a request to negotiate. If the negotiation does not result in resolution within 30 days of the notice, the parties shall endeavor to resolve the dispute by mediation in the English language. Any dispute which remains unresolved 90 days after appointment of a mediator, or if the parties are unable to agree on a mediator, mediation place or the mediation procedures, shall be resolved by binding arbitration by a sole arbitrator in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted in accordance with these Rules. The arbitration shall take place in Hong Kong. The language of the arbitration shall be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. These procedures will apply to any and all disputes that may arise between the parties or between their respective principals, officers, directors, employees, agents, subsidiaries, parents, predecessors, successors, assigns, heirs or related entities. The foregoing shall not prevent DFS from applying to a court of competent jurisdiction for provisional or interim measures or injunctive relief as may be necessary to safeguard the property or rights that are the subject matter of the dispute.
IX. Comments and Feedback
We welcome your comments and feedback regarding DFS, our online services and these Terms. Any information, materials, suggestions, ideas or comments sent to DFS will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are expressly granting DFS an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. You also waive any and all moral rights in such submissions to the fullest extent permitted by law. Unless required by law, DFS will not publicly attribute to you such information, materials, suggestions, ideas or comments without your prior written consent.
Last updated: [August, 2013]