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.

• Reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the SMELink Content; or
• Modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the SMELink Content (including as part of any library, archive or similar service) without the prior written consent of the Company; or
• Remove the copyright or trademark notice from any copies of SMELink Content made under these Terms.

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:

• Post, link to or otherwise publish any Messages containing material that is obscene, racist, homophobic or sexist or that contains any form of hate speech;
• Post, link to or otherwise publish any Messages that infringe copyright;
• Post, link to or otherwise publish any Messages that are illegal, libellous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order;
• Post, link to or otherwise publish any Messages that are abusive, threatening or make any form of personal attack on another user or an employee of Primasia Enterprises Limited;
• Post Messages in any language other than English;
• Post the same Message, or a very similar Message, repeatedly;
• Post or otherwise publish any Messages unrelated to the Forum or the Forum’s topic;
• Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or “spam”;
• Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
• Disguise the origin of any Messages;
• Impersonate any person or entity (including Primasia Enterprises Limited employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
• Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment, or any other harmful component;
• Collect or store other users’ personal data; and/or
• Restrict or inhibit any other user from using the Forums.

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.