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Infocast End-User License Agreement

 

This End-User License Agreement (“EULA”) is entered into between you (“You/User”) and Infocast Limited ("Infocast"). Please read the following terms and conditions (“T&C”) of the EULA carefully. If you do not agree with the T&C, whether in whole or in part, do not download, install or use this system/service/application (“Platform”).

 

By downloading, installing or using this Platform or any portion thereof, you hereby expressly agree to the entirety of this EULA and its T&C.

 

Infocast may change this EULA from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This EULA is effective from the 25th day of May, 2018 onwards.

 

This EULA is also available online at www.infocast.com.hk/eula.

 

This EULA is available in English only.

 

Contract Scope

 

As a condition of using the Platform, you agree to the terms of Infocast's Legal Disclaimer (“Legal Disclaimer”), Infocast’s Privacy Policy (“Privacy Policy”) and Infocast's Agreement Terms & Conditions (“Agreement”), if any, each of which is hereby incorporated by reference.

 

Infocast’s Legal Disclaimer is available online at www.infocast.com.hk/legal.

Infocast’s Privacy Policy is available online at www.infocast.com.hk/privacy.

Infocast’s Agreement is according to the agreement contract signed between Infocast and you.

 

Together with this EULA referred to as the Infocast Contracts (“Infocast Contracts”).

 

Use Of The Platform

 

Subject to the T&C, you are hereby granted the non-transferable right to use this Platform, be it delivered and used in code, software, hardware and/or service format, solely for approved purposes.

 

The Platform is received and accessed by you on a device, interface, machine, business or other method that direct corresponds to the availability of the Platform as offered by Infocast ("Authorized Device").

 

You may not use the Platform in any manner that may impair, overburden, damage, disable or otherwise compromise any of the following:

• Infocast's business, services or products;

• Any other party's use and enjoyment of Infocast's business, services or products; or

• The business, products or services of any third parties, including but not limited to, the Authorized Device.

 

You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Platform, including, without limitation, any usage rules set forth in the online application store terms of service and any usage rules set forth in the Authorized Device.

 

From time to time, Infocast may automatically check the version of the Platform installed on the Authorized Device and, if applicable, provide approved updates for the Platform ("Updates"). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and updates to the Platform.

 

By installing the Platform, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary in order to ensure the Platform is maintained in an up-to-date manner. Your use of the Platform and Updates will be governed by this EULA. The Update may include amendments to the EULA and/or T&C.

 

Infocast reserves the right to temporarily disable or permanently discontinue any and all functionality of the Platform at any time without providing any notice and with no liability to you.

 

Copyright & Proprietary Rights

 

Infocast own the trademarks, logo, copyright and service marks displayed on this Platform. These may not be used by you without the express written permission of Infocast. You hereby acknowledge that Infocast owns all rights, titles and interest in and to the Platform and to any and all proprietary and confidential information contained therein ("Infocast Information").

 

The Platform and Infocast Information are protected by applicable laws, including intellectual property law, patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights  and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

 

Content made available through the Platform ("Content") is protected by applicable intellectual property rights and is the property of Infocast, and/or its third party licensors, partners, or other entities that provide such Content to Infocast (“Data Suppliers”). You are prohibited from copying, distributing, displaying, modifying, or otherwise using the Content except as it is provided to you through the Platform hereunder. Infocast and Data Suppliers make no representations or warranties regarding the accuracy or completeness of the Content.

 

You agree that you will not, and will not allow any third party to, do any of the following, unless expressly permitted by Infocast:

• Modify, adapt, translate, derive, decompile, reverse engineer or disassemble the Platform or otherwise attempt to construct, deconstruct or reconstruct source code from the Platform;

• Copy, distribute, transfer, sell or license the Platform;

• Transfer the Platform to, or use the Platform on, a device other than the Authorized Device without agreeing to a separate and specific "Infocast End-User License Agreement" as pertains to that device;

• Take any action to circumvent, compromise or defeat any security measures implemented in the Platform;

• Use the Platform to access, copy, transfer, retransmit or transcode any Content in violation of any law or third party rights;

• Remove, obscure, or alter Infocast's, any Data Supplier’s or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Platform.

 

Privacy Policy

 

Your privacy and confidentiality with regards to this Platform are respected and preserved. Notwithstanding Infocast may collect, store and use any personal information (“Personal Information”) regarding your use of the Platform in accordance with the Privacy Policy.

 

Personal Information gathered from any activity is used for Infocast’s internal purposes only. Personal Information may be used for verification purposes, for sending administrative e-mails to you regarding our service, and for sending informational e-mails to you, if requested.

 

Infocast shall not share any Personal Information, such as personal details, contact details, activity details and portfolio details, with third parties for any purpose whatsoever without your consent.

 

However, Infocast may release Personal Information to a third party if required by a legal process such as a subpoena or a search warrant, or if mandated by relevant legislation or regulation.

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Information Collection & Use

 

For a better experience, when using the Platform, Infocast may require you to provide certain Personal Information, including but not limited to the following:

• Device data – to record unique device identity information, such as device ID, IP address, time and date, application version, operating system, configurations, error logs, and other relevant statistics; and

• Device input – to interact with User and the surrounding environment, such as camera for scanning QR codes.

 

Synergy With Third Parties

 

The Platform may use third-party services that may request to collect Personal Information from you, including but not limited to, the following:

• Licensed Companies or Authorized Institutions;

• Applications that have synergy with the Platform and include re-directs;

• Distribution services that manage the Platform, such as Google LLC. and Apple Inc.; or

• Other providers as applicable.

 

In all circumstances, you shall be directly prompted to agree to provide Personal Information to any third parties. All Personal Information provided in this manner is subject to separate legal terms and conditions between you and the third party only.

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Termination

 

You may terminate this EULA at any time by permanently deleting the Platform in its entirety from the Authorized Device, whereupon (and without notice from Infocast) any rights granted to you herein will automatically terminate.

 

If you fail to comply with any provision of this EULA, any rights granted to you herein will automatically terminate. In the event of such termination, you must immediately delete the Platform from the Authorized Device.

 

Infocast may cease to support the Platform at any time and without providing any reason whatsoever. In this event, this EULA shall be deemed immediately terminated.

 

Indemnity

 

You agree to hold harmless and indemnify Infocast and its subsidiaries, affiliates, officers, agents, and employees, from and against any claim, suit or action arising from or in any way related to your wrongful use of the Platform or your violation of this EULA, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and legal fees, of every kind and nature.

 

In such a case, Infocast shall provide you with written notice of such claim, suit or action as soon as practicable.

 

Warranty Disclaimer

 

The Platform is provided to you on an "as is" basis and without warranty of any kind. To the maximum extent permitted by law, Infocast expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement of any third party rights.

 

Your use of the Platform is at your sole risk, and Infocast shall not be obligated to provide you with any maintenance or support services in connection with the Platform.

 

Infocast makes no warranty towards any of the following:

• That the Platform will meet your requirements;

• That the Platform will be error-free;

• That the Platform will meet a specific level of security, reliability, timeliness, or performance; and

• That any errors in the Platform will be corrected in a timely manner.

 

Any Content you download or otherwise obtain through the Platform is obtained at your own discretion and risk. You will be solely responsible for any damage to your Authorized Device or any loss of data that may result from downloading any such Content.

 

The Platform is not intended for use in any activities during which the usage and/or failure of the Platform could lead to injury, harm, damage or death to you or any third parties.

 

No advice or information, whether oral or written, obtained by you through the Platform from Infocast or Data Suppliers shall create any warranty not expressly stated within this EULA.

 

Limitation Of Liability

 

You expressly understand and agree that Infocast shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages , including but not limited to, damages for loss or profits, goodwill, use, data or other intangible losses, even if Infocast has been advised of the possibility of such damages, resulting from:

• The use or the inability to use the Platform;

• The access of or the inability to access the Content;

• The cost of procurement of substitute goods or services to replace the Platform;

• The unauthorized access to or alteration of your transmissions or data; or

• Any other matter related to the Platform.

 

The foregoing limitations shall apply notwithstanding any failure or the existence of any limited remedy and shall apply to the fullest extent permitted by law.

 

Entire Agreement & Amendment

 

Infocast may, from time to time, modify this EULA without providing any prior notice to you. Such modifications shall be effective as soon as the modified version of the EULA is made available to you within the Platform, the Infocast website, the vendor offering the Platform, or any other distribution channel directly raised to your awareness by Infocast.

 

You can determine when this EULA was last revised by referring to the legend at the top of the EULA. In the event of conflict between multiple versions of the EULA, the newest version shall prevail.

 

Your use of the Platform following such changes constitutes your acceptance of the latest EULA.

 

Contract Hierarchy

 

You acknowledge and agree that the Infocast Contracts may be updated from time to time, without prior notice. Any such change(s) will be effective as soon as Infocast posts a revised version of the applicable document.

 

In the event of an otherwise irreconcilable conflict between this EULA and the Infocast Contracts, this EULA will prevail, solely with regard to the conflicting provisions and solely to the extent of such conflict.

 

Transmitting Over The Internet

 

Due to the nature of the internet, transmitting over the internet may be subject to interruption, blackout, delays, inconsistencies, inaccuracies and data losses. Infocast is not liable for malfunctions in communication infrastructure and/or facilities not under its control that may affect the accuracy or timeliness of transmissions you send and/or receive while receiving and/or using the Platform.

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Children’s Privacy

 

The Platform is not intended for use by minors. Infocast does not knowingly collect any Personal Information from persons classified as a minor in the applicable jurisdiction. In the event that we discover a minor has provided Personal Information, Infocast shall immediately delete all relevant Personal Information. If you are a parent or guardian and you are aware that your child has provided any Personal Information, please inform us as soon as possible.

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Exclusion Of Third Parties

 

For the avoidance of doubt, this EULA is solely between Infocast and you, to the exclusion of all other third parties.

 

Subscriber & End-User Contracts

 

In order to provide the Platform, Infocast may enter into a licensing contract (“License”) with a relevant licensed and/or authorized entity (“Corporation”), which shall then authorize you to receive and use this Platform. However, in the specific event that the Corporation and you are both the same individual entity, both the License and this EULA shall apply, but the License shall prevail in the event of any conflict.

 

About

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Infocast Limited is a privately owned limited liability company. Infocast was incorporated in Hong Kong in 1996 in accordance with the Companies Ordinance Cap. 622 of the Laws of the Hong Kong Special Administrative Region, China.

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If you have any enquiries on this EULA, please contact Infocast’s Head of Compliance directly as follows:

• compliance@infocast.com.hk;

• (852) 2589 9583; or

• Unit 1605, 16/F, One Harbourfront, 18 Tak Fung St, Hunghom, Kowloon, Hong Kong.

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