1. Our Responsibilities

"We" and "us" means Kinland International Limited ("KINLAND Inspection"). We will provide you (the Member) with a login ID and password (same as your Kinland Inspection's POP login ID and password) to access Kinland Inspection Web Report which is a free trial service for you until further notice. You should note that we:

(i) might deactivate Kinland Inspection Web report at any time without notice to carry out system maintenance, upgrading, testing and/or repairs. Kinland Inspection has no responsibility, customer service and technical support for the timeliness; deletion, undelivered or failure to store email messages.

(ii) will not be liable for any direct, indirect, incidental or special loss, consequential damage or any damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by any use of Kinland Inspection Web report.

(iii) will limit or suspend your access to Kinland Inspection Web Report without notice where we are of the opinion that such action is appropriate as a result of your use of Kinland Inspection Web Report;

(iv) will not monitor, edit or disclose the contents of Kinland Inspection Web Report messages unless required by law.

(v) will expand, reduce and/or modify any of the Services (being any of the service which may be accessed through Kinland Inspection), or any Content (being any still picture or other series of moving images, whether animated or otherwise, music video, music, data, information and/or other material, goods or services that may be accessed through Kinland Inspection),

(vi) amend the terms and conditions of this Agreement and at any time or condition of this Agreement becomes or is declared illegal, invalid or unenforcement for any reason, such term or condition shall be divisible from this Agreement and shall be deemed to be deleted from this agreement.

2. Your responsibilities

You will:

(i) be responsible for any use of Kinland Inspection Web Report, i.e. maintaining the confidentiality of your account number and/or password. You are also responsible for all uses and the content of the messages you communicate when using Kinland Inspection Web Report, as well as the consequences of any such messages.

(ii) Not use, or allow others to use Kinland Inspection Web Report for junk mail; chain letters or spaming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.

(iii) Not copy, distribute, publish, transmit or otherwise exploit any Content unless you own that Content or possess an appropriate license;

(iv) Not use Kinland Inspection Web Report to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, liable to incite racial hatred, discriminatory, menacing or in breach of confidence;

(v) Not hack, break into, access, use or attempt to hack or use any part of Kinland Inspection Web Report, its Content and/or any data areas on our server(s) for which you have not been authorised by us;

(vi) Ensure that each of the Designated Users comply with these terms and conditions;

(vii) Abide by all relevant laws of Hong Kong and any operating rules, as amended from time to time, when using Kinland Inspection Web Report;

(viii) Subject to any other term contained in this Agreement, not assign, transfer or sub-license all or any part of your rights or obligations under this Agreement; and

It is not our policy to exercise any editorial control over or to edit or amend any Content before it is transmitted or made available through Kinland Inspection. However, you hereby authorize us to amend or delete any Content which is uploaded or otherwise provided by you where any such Content is, in our sole opinion defamatory, in breach of copyright, illegal or otherwise not appropriate to be accessed by or through using Kinland Inspection Web Report.

You agree to indemnify us against any action, liability, cost, claim, loss, damage, proceeding, and/or expense suffered or incurred by us arising from or which is related to (i) your use, any Designated Users' use and/or any other person's use of Kinland Inspection Web Report where such person was able to access Kinland Inspection Web Report by using your or a Designated User's login ID and/or password; (ii) any breach or non-observance of any term of this Agreement by you or any Designated User.

3. Software License

We hereby grant to you a free trial, non-exclusive and non-transferable license for you to store, run and use the Software (ie. That software which is supplied to you to access Kinland Inspection Web Report) on your computer in accordance with the terms and conditions of this Agreement and the software license which accompanies that Software but not further or otherwise. Except to the extent permitted by law, you shall not alter, modify, adapt or translate the Software nor decompile, disassemble or reverse engineer the same nor attempt to do any such thing.

4. Warranties & Liability

To the extent permitted by law, we disclaim any representation or warranty whether express or implied as to the title, fitness for a particular purpose, merchantability, accuracy or standard of quality of Kinland Inspection Web Report, the Software, the Services and/or any Content, that Kinland Inspection Web Report will be uninterrupted or error free, any obligation to maintain the confidentiality of information although our current practice is to maintain such confidentiality), the results to be obtained from use of Kinland Inspection Web Report, any Services and/or Content unless otherwise specifically mentioned in this Agreement.

In the absence of our negligence or deliberate act, we expressly disclaim any liability for (i) any damage to or loss of data suffered by you arising from your use of Kinland Inspection Web Report, the Software, the Services and/or any Content; (ii) any claim based in contract, tort, or otherwise for any loss of revenue (whether direct or indirect), loss of profits or any consequential loss whether of an economic nature or not; (iii) any claim relating to any Services and/or any Content supplied, provided, sold or made available by or through Kinland Inspection (or any failure or delay to supply, provide, sell or make available); (iv) any injury, disease, seizure or loss of consciousness suffered by you or any person who accesses Kinland Inspection Web Report using your login ID and/or password, arising whether directly or indirectly from accessing and using Kinland Inspection Web Report, any of the Services or playing any computer games through Kinland Inspection; and (v) any disruption or suspension of Kinland Inspection Web Report or any part thereof which is attributable to an event or circumstance beyond our reasonable control.

5. Termination

This Agreement shall commerce when Kinland Inspection grants you a free trial and maybe terminated by Kinland Inspection by one month's written notice via E-mail. Kinland Inspection shall not be liable to Member or any third party for termination of service.

6. Effect of Termination

Any termination of this Agreement shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision contained in this Agreement which is expressly or by implication intended to come into or continue in force on or after such termination.

7. General

We may appoint agents, assign or sub-contract the whole or any part of our rights and/or obligations contained in this Agreement to any person at any time. The English version of these terms and conditions shall prevail over any language version which is provided for information purposes only. If any term or condition shall be divisible from this Agreement and shall be deemed to be deleted from this Agreement. This Agreement shall be governed by Hong Kong law and the parties hereby submit to the non-exclusive jurisdiction of the Hong Kong courts.
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