Disclaimer
EVI Services Limited / evi.com.hk
Disclaimer

This Statement is, except where separate and distinctive statements are provided, applicable to the EVI Services Ltd. Accordingly, references to "we", "us", or "our company" etc. mean to the relevant company within the EVI Services Ltd.

1. Application.

This disclaimer applies to:

(a) the use of any services and information obtained through "evi.com.hk" ("EVI Site") offered by EVI Services Ltd.;

(b) all information stored on or receivable through this or any other associated servers (collectively "EVI Servers") (Information); and

(c) any goods or services offered, accessed or obtained through the EVI Services Ltd. Site, by you (the User).

This note limits the liability of EVI Services Ltd. and its associated companies, employees, agents, contractors and any third party Information provider (collectively "EVI") in relation to any such use, Information, goods and services.

2. Copyright.

The Information may be protected under intellectual property laws and rights (including without limitation laws protecting copyright). If the User downloads, copies, transmits, publishes, stores or otherwise uses the Information without the consent of the owner of such rights, the User may infringe such laws or rights. It is the User's responsibility to determine whether any such infringement (Copyright Infringement ) will occur.

3. General Disclaimer.

EVI expressly, to the extent permitted by law, disclaims any responsibility, representation or warranty:

(a) in relation to the quality, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of the EVI Services or the Information;

(b) in relation to any goods or services accessed, offered or obtained through the EVI Servers or the EVI Services or pursuant to the Information;

(c) that any access to the EVI Servers, the EVI Services or the Information will be uninterrupted or error free or that the Information does not contain any viruses, or contaminating or destructive properties;

(d) that the Information will not be objectionable or offensive to the User or any other person;

(e) for any error, omission or misstatement in or arising from the Information. EVI does not endorse or recommend any person, organisation, name, product or service referred to in the Information, nor does the Information constitute EVI's views or opinions. EVI will not be a party to any transaction between the User and any third person in any way relating to the Information or made through the EVI Servers or the EVI Services unless and only to the extent expressly stated in writing otherwise.

4. Limitation of Liability.

To the extent permitted by law, EVI shall not be liable to the User or any other person whether in tort, contract, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for:

(a) any direct loss;

(b) any consequential or indirect loss (including without limitation loss of revenue or profits); or

(c) the User's liability to any other person, which is suffered or incurred by the User or any other person arising under or in any way out of the Information or the EVI Services.

Without limitation to the foregoing, EVI shall not be liable to the User or any other person, body corporate, unincorporated association or an authority for any failure, delay, malfunction or non-performance of the EVI Services or any function relating thereto directly or indirectly due to the advent of year 2000.

5. Confidentiality.

EVI does not warrant (and accepts no responsibility for) confidentiality of any information or data whether personal or otherwise transmitted through the EVI Site and/or EVI Services. EVI's current practice is to take reasonable steps to maintain confidentiality. (Refer also to EVI's Privacy Policy and Personal Data Collection Statements current from time to time).

6. User's Obligations

In consideration of EVI allowing the User access to the Information, EVI Site, EVI Servers and/or EVI Services, the User agrees:

(a) not carry out or allow any Copyright Infringement;

(b) not to use the Information or the User's access to the EVI Site, EVI Servers and/or EVI Services for any illegal, improper, obscene or defamatory purpose;

(c) to take all steps to ensure the Information does not damage the User's information or systems;

(d) to EVI conducting research on access to the Information;

(e) to all EVI's disclaimers and limitations of liability set out in this disclaimer, and to EVI's personal data policies current from time to time applying.

7. Law and Severability.

Hong Kong law governs this disclaimer, and each part of this disclaimer shall apply to the extent permitted thereby. Any part of this disclaimer which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction only to the extent of the prohibition or unenforceability. That does not invalidate the remaining parts of this disclaimer nor affect the validity or enforceability of that part in any other jurisdiction. Where this disclaimer is available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.

Security Statement

This Statement is, except where separate and distinctive statements are provided, applicable to the EVI Services Ltd. Accordingly, references to "we", "us", or "our company" etc. mean, as the case may be, the relevant company within the EVI Services Ltd.

While the Internet is not an inherently secure environment for communication, Internet communication can be made safer by the application of appropriate technology as we have done (see below). Internet security, however, is not solely a "technology" issue. Common sense and normal practice in safeguarding personal and transaction data are of equal importance. "Hackers" need a "door" to get into the system. Often, access through this "door" is provided to "hackers" due to simple carelessness in the physical distribution of sensitive documents and the handling of sensitive data (such as passwords or personal identification numbers). Users must, therefore, handle such sensitive documents and data with extreme care.

We take security matters very seriously and treat all personally identifiable information obtained from users of our websites confidential. In addition to the firewalls and other sophisticated equipment implemented, we also provide and maintain the following measures to protect our system, and the information and data contained in them from accidental or malicious disruption or destruction.

Adopt Security Standards

We will adhere to international standards to ensure transaction integrity and protect confidential information. Such standards relate to, for instance,: (i) business and information privacy practices, (ii) transaction integrity and (iii) information protection.

Internal Guidelines on Access to Personally Identifiable Information

All of our staffs will adhere to our internal Guidelines on Access to Personally Identifiable Information drawn up to restrict access to personal data to only the members of staff who have legitimate needs to have such access.