The website www.myanmarsmelink.com (the “Site”) together with all related digital applications "Digital Application" is owned by Primasia Enterprises Limited. The term "the Company" as used here refers to Primasia Enterprises Limited and any licensee or contractor it may license or appoint to operate the website. By accessing the Site, you enter into an agreement with the Company and agree to the following terms.
1. Intellectual Property
2. Use of Content
3. Registration, Passwords and Responsibilities
4. Fees and Payments
5. User-Generated Content
6. Changes to the Site
7. Liability and Indemnity
8. Force Majeure
9. Miscellaneous
10. Term and Termination
11. Governing Law and Jurisdiction
These terms were last updated on 7 July 2014.
1. Intellectual Property
The contents and design of the Site, Digital Application and any material emailed to you or otherwise supplied to you in conjunction with the Site and/or a Digital Application (such contents, design and materials being collectively referred to as "SMELink Content" is copyright of the Company and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trademarks (such as “Primasia Enterprises Limited” and "Myanmar SME Link" name and logo or other trade names appearing on the Site) for any reason without written permission from the Company. The software that operates the Site and the Digital Application is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
2. Use of Content
You may access and display SMELink Content from the Site on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. You may use Digital Application only on devices for which they were intended, for your personal, non-commercial use. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit any SMELink Content. Requests for permission for other uses may be sent to us via "contact us" page, and may be subject to a fee.
In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from the Company.
3. Registration, Passwords and Responsibilities
Certain areas or features of the Site and/or Digital Application may only be open to registered
users. You are solely responsible for the confidentiality and use of and access to SMELink Content
and the Site and/or Digital Application using your user name and/or password. You agree to
immediately notify the Company, if you become aware of the loss, theft or unauthorised use of any
password, user ID or e-mail address or of any SMELink Content. You will provide the Company with
accurate, complete registration information and inform the Company of any changes to such
information. For the purpose of confirming your compliance with these Terms, the Company reserves
the right to monitor and record activity on the Site and Digital Application, including access to
SMELink Content.
Each registration and subscription is for your company use only. You may not share your log in
details or password with any other entities. You may not share or transfer your subscription to
other company name. The Company does not allow multiple companies (networked or otherwise) to access
the site through a single name and password and may cancel or suspend your access to the Site and/or
Digital Application if you do this, without further obligation to you.
4. Fees and Payments
Access to some services on the Site may be subject to a fee. All payments (including any applicable
taxes) must be made in US Dollars within the lime limits specified separately or other currency
specified by the Company. You are responsible for the payment of all charges associated with the
use, by your company, of the Site and/or a Digital Application using your ID.
If the Company terminates your use of the Site, you are entitled to receive a refund of any credits
or pre-payments that remain unused at the time of termination unless such use is terminated because
you are in breach of these Terms. You will continue to be responsible for any fees or other charges
you have incurred prior to such termination.
You may be able to use the Site to purchase products or services from the Company third party
partners. In that event, your contract for such products will be with the third party partner and
not with the Company.
All refunds are at the discretion of the Company. Any refunds can only be made to the
credit/debit/charge card that was used for the original purchase.
5. User-Generated Content
The Site and Digital Application may include comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback to the Company and interaction between users and the Company representatives (“Forums”). While the Company does not control the information/materials posted to Forums by users (the “Messages”), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.
You are solely responsible for the content of your Messages. You must agree and follow any rules created by the Company. You are not allowed to:
By submitting Messages to any Forum you agree to indemnify and hold harmless the Company from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section 5.
The Company has no control over individuals posting Messages on any Forum. The Company cannot
guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and
post Messages that are misleading, untrue or offensive. You must bear all risk associated with your
use of the Forum and should not rely on Messages when you make (or refrain from making) any specific
investment or other decision.
By submitting a Message to a Forum you are granting the Company a perpetual, irrevocable, royalty
free non-exclusive licence to reproduce, modify, translate, make available, distribute and
sub-license the Message in whole or in part, and in any form. This may include personal information
such as your user or pen name and your expressions of opinion. The Company reserves the right to
contact you by e-mail about your use of the Forums. You waive any moral rights that you may have in
regard to the Messages you submit.
It is not possible for the Company to fully and effectively monitor Messages infringement of
third-party rights. If you believe that any content infringes your legal rights, you should notify
the Company immediately via the "contact us" page or the "Report Abuse" function on reader comments.
Repeated misuse of the "Report Abuse" function will result in your access to the Forums being
terminated.
6. Changes to the Site
The Company reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of SMELink Content available on the Site and/or on a Digital Application at any time and to restrict the use and accessibility of the Site.
7. Liability and Indemnity
Although we endeavour to ensure the high quality and accuracy of the Site and Digital Application,
the Company makes no warranty, express or implied concerning SMELink Content, any Digital
Application, the Site or any software that are made available through the Site (the ” Services”),
which are provided “as is”. The Company expressly disclaims all warranties, including
but not limited to warranties of fitness for a particular purpose and warranties of merchantability.
In no event will the Company, its affiliates, agents, suppliers or licensors be liable for direct,
special, incidental, or consequential damages (including, without limitation, damages for loss of
business profits, business interruption, loss of business information or other pecuniary loss) that
may arise directly or indirectly from the use of (or failure to use) or reliance on the Services,
even if the Company has been advised of the possibility that such damages may arise. The Company
does not guarantee the accuracy, content, or timeliness of the Services or that they are free from
viruses or other contaminating or destructive properties.
In no event will any liability of the Company or its affiliates, agents, suppliers and licensors to
you (and/or any third party) that may arise out of any kind of legal claim (whether in contract,
tort, or otherwise) in any way connected with the Services or in breach of these Terms by the
Company exceed the amount, if any, paid by you to the Company for the particular Service to which
the claim relates.
Upon Company’s request, you agree to defend, indemnify and hold harmless the Company, its
affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal
fees, related to any breach of these Terms by you or your use of any Services.
8. Force Majeure
The Company, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of SMELink Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
9. Miscellaneous
Changes to these Terms. The Company may, in its discretion, change these Terms (including those that relate to your use of the Site, Digital Application and/or SMELink Content). Whenever the Terms are changed, the Company will notify you by e-mail or by publishing the revised terms on the website. If you use the Site and/or a Digital Application after the Company has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site or a Digital Application any further after they are published. Access to certain SMELink Content may be subject to additional terms and conditions.
Advertising, Third Party Content and other Web Sites. Parts of the Site and/or Digital Application may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. The Company is not responsible for any third party content or error, or for any omission or inaccuracy in any advertising material. The Site and/or Digital Application may also contain links to other web sites. The Company is not responsible for the availability of these websites or their content.
Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred.
Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid. Rather, the Terms will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Hong Kong, within one year after the cause of action has arisen, or such cause will be barred, invalid and void.
Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings. Headings in these Terms are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms.
10. Term and Termination
The Company may, in its discretion, terminate or suspend your access to and/or use of all or part of the Site and/or a Digital Application (including any SMELink Content) with or without cause by delivering notice to you. These rights of termination are in addition to all other rights and remedies available to the Company under these Terms or by law.
11. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with Hong Kong law. The parties agree
that the courts of Hong Kong shall have exclusive jurisdiction to settle any possible dispute out
of, under, or in connection with these Terms or the legal relationship established by them, and for
those purposes irrevocably submit all disputes to the jurisdiction of the Hong Kong courts.
The Company also retains the right to bring proceedings in the courts of the country of your
residence or, where these Terms are entered into in the course of your trade or profession, the
country of your principal place of business.