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Terms and conditions of service

Please read the following terms and conditions of service (“TOS”) carefully, as they govern your use of Multichannel’s online service, including but not limited to the use of software components on a hosted basis on Multichannel’s website (collectively, the “Services”). By clicking the “I Accept” button displayed online as part of the ordering process, or by continuing to use the Services, you accept these TOS and any future amendments to them. If you are accepting these TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these TOS, in which case “you”, “your” or the “Client” shall refer to such entity. If you do not have such authority, or if at any time you do not accept these TOS, you may not access or use the Services.

Multichannel reserves the right to amend, remove or add to these TOS or its policies relating to the Services at any time and any modifications shall be effective immediately. Accordingly, please review these TOS regularly. Continued use of the Services after any such changes constitutes the Client’s consent to such changes.

Any terms and conditions proposed by the Client which are in addition to or in conflict with these TOS are expressly rejected by Multichannel and shall have no effect.

1 DEFINITIONS

  • 1.1The definitions and rules of interpretation in this Clause apply in these TOS and the Privacy Policy.“Authorised User(s)” means the Client’s employees, agents and independent contractors who are authorised to use the Services and have been supplied usernames and passwords;“Business Day” means any day which is not a Saturday, Sunday or public holiday in Hong Kong;“Client” means the individual or entity entering into this agreement with Multichannel;“Individual Channel(s)” means the marketing channel(s) and/or platforms on which the Client may purchase services through Multichannel;“Multichannel Content” means any reports, recommendations, translations and any other publications published or otherwise made available by Multichannel;“Order Confirmation(s)” means the process whereby the Client purchases the Services through the Website, specifying among other things the number of Authorised Users (if applicable), other services contracted for, the billing period, the payment method, and other charges as agreed between the parties, each such Order Confirmation to be subject to these TOS (in the event of any conflict between the terms of these TOS and those of any such Order Confirmation, the terms of these TOS shall prevail);

    “Personal Data” has the meaning given in Clause 1 of the Privacy Policy;

    “Privacy Policy” means the privacy policy of Multichannel set out at https://multichannel.net/legal/privacy/;

    “Services” means the services provided through Multichannel’s online platform, developed, operated and maintained by Multichannel, accessible via https://multichannel.net or another designated website or IP address, and any ancillary online or offline products and services provided to the Client by Multichannel, to which the Client is being granted access under these TOS, including without limitation the purchase of services on the Individual Channels, the Technology, the Multichannel Content and any translation or other support services agreed to by Multichannel;

    “Start Date” means the earlier of either: (i) the date these TOS are accepted by the Client’s selecting the “I Accept” option after these TOS are displayed on screen, or (ii) the date listed as the start date on the Order Confirmation;

    “Technology” means all of Multichannel’s proprietary technology (including software, hardware, produces, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to the Client by Multichannel in providing the Services; and

    “User Subscription(s)” means the user subscriptions requested by the Client pursuant to Clause 3.1 which entitle Authorised Users to access and use the Services in accordance with these TOS.

    “Website” means Multichannel’s client interface website located at https://multichannel.net

  • 1.2Clause headings shall not affect the interpretation of these TOS.
  • 1.3Words in the singular shall include the plural and vice versa.
  • 1.4A reference to one gender shall include a reference to the other genders.

2 THE SERVICES

  • 2.1Subject to the terms of these TOS, Multichannel shall provide the Services to the Client, including a browser interface and data encryption, transmission, access and storage. The Client’s registration for and/or use of the Services shall be deemed to be the Client’s agreement to abide by these TOS including any materials available on this website incorporated by reference herein, including but not limited to the Privacy Policy. Multichannel offers multiple Services and editions of its Services, and these TOS govern all products and services offered through the Website.
  • 2.2The ordering process for a new Client shall be as follows, subject to any changes which Multichannel may make in its sole discretion:
    • (a)the Client shall, on the signup page of the Website, select the desired number of User Subscriptions and which specific Services it requires;
    • (b)Multichannel shall send the Client an Order Confirmation by email;
    • (c)the Client shall arrange payment process in accordance with Clause 7; and
    • (d)Multichannel shall begin providing the Services to the Client.
  • 2.3During the provision of the Services, Multichannel may make reports and recommendations available to the Client, based upon which the Client may give further instructions to Multichannel. The processing of such instructions is subject to prepayment by the Client in accordance with Clause 7.
  • 2.4Where any part of the Services cannot be provided due to operational or physical restrictions of the relevant Individual Channel(s), Multichannel shall notify the Client and use all reasonable endeavours to provide the Services. Multichannel shall not be responsible for any refunds or discounts to the Client in such a case.
  • 2.5Multichannel has the right, without incurring in any liability, to give the Client reasonable prior notice of any periods of time not exceeding 14 days when it will not be able to provide the Services.
  • 2.6Multichannel may and will adjust the scope of the Services and the Technology to reflect the continuing development of the Services and the technical advances.

3 USER SUBSCRIPTIONS AND AUTHORIZED USERS

  • 3.1The Client may request a number of User Subscriptions in order to allow Authorised Users to access the Services, and Multichannel shall grant access to the Services to such additional Authorised Users in accordance with these TOS.
  • 3.2As part of the registration and account creation process necessary to obtain access to the Services, Multichannel shall issue the Client with a username and a password for each of its Authorised Users. The Client shall provide Multichannel with certain registration information, all of which must be accurate, truthful, and updated.
  • 3.3Multichannel reserves the right to deny creation of the Client’s account based on Multichannel’s inability to verify the authenticity of the Client’s registration information.
  • 3.4In relation to the Authorised Users, the Client undertakes that:
    • (a)it shall not allow any user to access the Services who is not an Authorised User;
    • (b)the Client shall not allow any User Subscription to be used by more than one individual Authorised User unless it has been entirely reassigned to another individual Authorised User, in which case the prior Authorised User shall no longer have any right to access or use the Services;
    • (c)each Authorised User shall keep a secure password for his use of the Services and shall keep such password confidential;
    • (d)the Client shall maintain a written, updated list of current Authorised Users and provide such list to Multichannel within 5 Business Days of Multichannel’s written request at any time;
    • (e)the Client shall permit Multichannel to audit the Services in order to establish the name and password of each Authorised User. Such audit may be conducted no more than once per quarter at Multichannel’s expense and shall be with reasonable prior notice, in such a manner as to not substantially interfere with the Client’s normal conduct of business;
    • (f)if any of the audits referred to in Clause 4.4(e) reveal that any password has been given to any individual who is not an Authorised User, then without prejudice to Multichannel’s other rights, the Client shall promptly disable such passwords and Multichannel shall not issue any new passwords to any such individual; and

4 THE CLIENT’S OBLIGATIONS

  • 4.1The Client is fully responsible for all usage and activity on the Client’s account and for each Authorized User.
  • 4.2If the computer system on which the Client accessed the Services is sold or transferred to another party, the Client warrants and represents that the Client shall delete all cookies and software files obtained by or through use of the Services.
  • 4.3The Client shall:
    • (a)cooperate with Multichannel as necessary in relation to these TOS and shall provide all necessary information as required by Multichannel, in order for Multichannel to provide the Services;
    • (b)comply with all applicable laws and regulations with respect to the Client’s activities under these TOS;
    • (c)notify Multichannel immediately of any known or suspected unauthorised use(s) of the Client’s account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of the Client’s password or credit card information;
    • (d)notify Multichannel immediately and use best efforts to stop immediately any copying or distribution of the Multichannel Content that is known or suspected by the Client or the Authorised Users;
    • (e)not impersonate another Multichannel user or provide false identity information to gain access to or use the Services;
    • (f)not use the Services to defame, abuse, harass, threaten or otherwise violate the legal rights of others;
    • (g)not publish, post, upload, email, distribute or disseminate any defamatory, misleading, infringing or unlawful content;
    • (h)not collect, store or transmit personal information about individuals or any information that is subject to applicable privacy laws or regulations;
    • (i)ensure that the Authorised Users use the Services in accordance with the terms and conditions of these TOS and shall be responsible for any Authorised User’s breach of these TOS;
    • (j)obtain and maintain all necessary licences, consents and permissions necessary for Multichannel, its contractors and agents to perform their obligations under these TOS, including without limitation the Services;
    • (k)ensure that the Client’s network and systems comply with the relevant specifications provided by Multichannel from time to time;
    • (l)be solely responsible for procuring and maintaining the Client’s network connections and telecommunications links from its systems to Multichannel’s data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Client’s network connections or telecommunications links or caused by the internet; and
    • (m)carry out all the Client’s other responsibilities under these TOS in a timely and efficient manner. In the event of any delays in the Client’s provision of such assistance as agreed by the parties, Multichannel may adjust any agreed timetable or delivery schedule as reasonably necessary.
  • 4.4The Client shall not access, store, distribute or transmit any material during its use of the Services that:
    • (a)is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
    • (b)facilitates illegal activity;
    • (c)depicts sexually explicit images;
    • (d)promotes unlawful violence;
    • (e)is discriminatory based on race, gender, colour, religious belief, sexual orientation or disability; or
    • (f)in manner that is otherwise illegal or causes damage or injury to any person or property;and Multichannel reserves the right, without liability or prejudice to its other rights, to disable the Client’s access to any material that breaches the provisions of this Clause.
  • 4.5The Client shall not:
    • (a)subject to Clause 27.1, license, sub-license, sell, resell, rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit or make available the Service, the Technology or the Multichannel Content in any way to any third party except the Authorised Users;
    • (b)attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Technology;
    • (c)attempt to copy, modify, duplicate, make derivative works based upon, frame, mirror, republish, download, display, transmit or distribute all or any part of the Technology in any form or media or by any means;
    • (d)access all or any part of the Services in order to build a product or service which competes with the Services;
    • (e)use the Services to provide services to third parties;
    • (f)attempt to obtain, or assist third parties in obtaining, access to the Services other than as provided under this Clause;
    • (g)store, distribute or transmit any viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
    • (h)interfere with or disrupt the integrity or performance of the Service or the data contained therein, or Multichannel’s sites, servers or networks; or
    • (i)take any action that imposes an unreasonably or disproportionately large load on Multichannel’s infrastructure.
  • 4.6The Client shall use all reasonable endeavours to prevent any unauthorised access to, or use of the Services, and in the event of any such unauthorised access or use, promptly notify Multichannel.

5 FEES, BILLING AND PAYMENT

  • 5.1The Client shall pay to Multichannel the fees as quoted during sign-up process OR the Order Confirmation in accordance with this Clause.
  • 5.2Any remittance costs of fees paid to Individual Channels will be charged to the Client.
  • 5.3Multichannel charges and collects all payments from the Client in advance. All payment obligations are non-cancellable and all amounts paid are non-refundable.
  • 5.4Payments will be made by recurring credit card payment. Upon each Order Confirmation, Multichannel will automatically renew the Client’s subscription and bill the Client’s credit card or issue electronic invoices as mutually agreed upon.
  • 5.5The Client shall provide to Multichannel valid, up-to-date and complete credit card, contact and billing details. The Client shall notify Multichannel of any changes to this information within 30 days of such changes. The Client hereby represents that the Client is authorised to provide any credit card the Client uses to sign up for the Services. If the contact information the Client has provided is false or fraudulent, Multichannel reserves the right to suspend or terminate the Client’s access to all or part of the Services, in addition to any other legal remedies.
  • 5.6If the Client believes an invoice is incorrect, the Client must notify Multichannel in writing within 45 days of the invoice date with details of any inaccuracy, to be eligible to receive an adjustment or credit.
  • 5.7Multichannel reserves the right to modify any fees and charges and to introduce new charges from time to time. These will be posted on the Website and will be clear to the Client before any Order Confirmation.
  • 5.8Any fees paid by the Client are exclusive of any taxes, duties, VAT or levies that may be imposed by taxation authorities having jurisdiction on the Client, and the Client shall be responsible for payment of all such applicable taxes, duties, VAT or levies if applicable.

6 REFUNDS

  • 6.1From time to time, the Client may wish to cease using one or more Individual Channel where there may still be a credit balance on their account relating to Order Confirmations for that specific Individual Channel.
  • 6.2Any refunds requested by the Client regarding such credit amounts shall be subject to each Individual Channel’s refund policy. Multichannel shall not be responsible if refunds are prohibited by such Individual Channels.

7 CURRENCY

  • 7.1All invoices to and payments from the Client in connection with the Services, will be charged US Dollars OR a currency to be agreed between the Client and Multichannel (the “First Currency”). Bills may be issued by Client in the currency selected by Client in the Order Process, in which case Multichannel will apply the conversion rate of on the day of the bill solely as a courtesy to Client and for informational purposes.
  • 7.2All payments to the Individual Channels in connection with the Services shall be in the currency to be agreed between Multichannel and each Individual Channel (the “Second Currency”).
  • 7.3Any amount received or recovered in the First Currency by Multichannel in respect of any sum expressed to be due to it from the Client, shall only discharge the Client to the extent of the Second Currency amount which Multichannel is able to purchase with the amount so received or recovered in the First Currency, on the date of that receipt or recovery (or if it is not practicable to make that purchase on that date, on the first date thereafter on which it is practicable to do so).
  • 7.4Multichannel shall use all reasonable endeavours to transfer any payments received from the Client to the Individual Channels within a reasonable time. Multichannel does not make any representation or warranty nor take any responsibility regarding when such payments will be received by the Individual Channels after transfer by Multichannel.

8 NON-PAYMENT AND SUSPENSION

If Multichannel is unable to collect full or partial payment from the Client, Multichannel reserves the right to suspend or terminate the Client’s access to all or part of the Services and will have no obligation to purchase any Individual Channel Services.

  • 8.1Multichannel reserves the right to impose a reconnection fee in the event the Client’s account is suspended, and the Client thereafter requests access to the Services.

9 INTERACTION WITH THIRD PARTIES

  • 9.1The Client acknowledges that the Services may enable or assist the Client to access the website content of, correspond with, and purchase products and services from the Individual Channels and other third parties via third party websites and that the Client does so solely at its own risk. Multichannel makes no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third party website, or any transactions completed, and any contract entered into by the Client, with any such third party.
  • 9.2Certain third-party providers of ancillary software, hardware or services may require the Client’s agreement to additional or different license or other terms prior to the Client’s use of or access to such software, hardware or services.

10 CONFIDENTIAL INFORMATION

The Client shall not disclose, divulge or communicate to any person or entity or otherwise make use of any information relating to the business of Multichannel which was disclosed to the Client or came within the Client’s knowledge in connection with the provision of the Services (“Confidential Information”).

11 PRIVACY, SECURITY AND DATA PROTECTION

  • 11.1Multichannel shall, in providing the Services, comply with its Privacy Policy relating to the privacy of the Personal Data available online at https://multichannel.net/legal/privacy/ or such other website address as may be notified to the Client from time to time, as such document may be amended from time to time by Multichannel in its sole discretion.
  • 11.2The Client shall own all right, title and interest in and to all of the Personal Data, and shall have sole responsibility for the accuracy, quality, integrity, reliability, legality and intellectual property ownership or right to use all Personal Data.

12 INTELLECTUAL PROPERTY RIGHTS

  • 12.1Multichannel alone (and its licensors where applicable) shall own all intellectual property rights in the content and design of this website, the Services, the Technology, the Multichannel Content and any publications or materials emailed or supplied to the Client in conjunction with the Services, and any derivatives, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the Client or any other party relating to the Services, and any aggregated metrics, data and trends complied by Multichannel, save where such intellectual property rights are the property of any third parties or the content refers to material which is freely and publicly available.
  • 12.2No parts of any of this website, the Services, the Technology, the Multichannel name, the Multichannel logo, or any other publications or materials of Multichannel may be reproduced, stored in or introduced into any retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of Multichannel, and no right or licence is granted to the Client to use them. Any required consent of Multichannel shall not be unreasonably withheld.
  • 12.3All rights of Multichannel not expressly granted are hereby reserved.
  • 12.4Any breach of this Clause shall be a material breach of these TOS and allows Multichannel to terminate the Client’s account and access to the Services.

13 LINKING AND FRAMING

  • 13.1The Client may not link to or frame this web site, or any portion thereof, except as provided below.
  • 13.2Upon linking to this website pursuant to these TOS, the Client shall be granted a non-exclusive, non-transferable, royalty-free sub-license to use the Multichannel mark owned by Multichannel solely for providing an underlined, textual link from the Client’s website to this website. No other use of Multichannel’s marks, names or logos is permitted without express written permission from Multichannel.
  • 13.3Without limiting other provisions of these TOS, the Client may include a link(s) on its own website to this website’s publicly accessible Web pages (i.e., any Web page which does not require a login and password and/or restrict access). The Client may not link to this website any website containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.
  • 13.4Multichannel is concerned about the integrity of this website when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, Multichannel is concerned with activities such as bringing up or presenting content of this website within another website (“framing”). In this regard, without limiting the provisions contained in these TOS, the Client may not frame any Web page from Multichannel, except with prior written consent from Multichannel. Further, the Client may not archive, cache, or mirror any Web page or portions of a Web page on this website.
  • 13.5If the Client would like to use, reprint, frame, or redistribute any of this website’s content other than as permitted herein, the Client shall in writing request permission from Multichannel with the following details: (a) the Client’s name (including individual contact name where the Client is a company), e-mail address, and telephone number; (b) the website address(es) where the proposed use will occur; and (c) specific details about the contemplated linking or framing activities, including the content or Web page(s) of this website which the Client would like to use.

14 TERM AND TERMINATION

  • 14.1These TOS shall be effective from the Start Date and will continue for as long as the Client uses the Services.
  • 14.2Multichannel shall provide the Services for the term as chosen by the Client during the online Order Confirmation process.
  • 14.3Any breach of the Client’s payment obligations or unauthorised use of the Technology or Services will be deemed a material breach of these TOS. Without prejudice to its other legal remedies, Multichannel shall have the right, in its sole discretion, to terminate the Client’s password(s), account, including each Authorised User account, or overall use of the Services if the Client breaches or otherwise fails to comply with these TOS.
  • 14.4Each Party may terminate the Services at any time upon written notice to the other Party. Upon termination by the Client under this Clause, the Client shall receive an automated confirmation via email that the request was received, and the Client’s account shall be terminated within 10 Business Days. Any payments due on the Client’s account shall be payable immediately.
  • 14.5Termination of the Services shall not affect any rights or obligations which may have accrued prior to termination, and shall not affect the continuing obligations of either the Client or Multichannel, such as, but not limited to, the provisions on intellectual property rights, confidentiality, warranty and other clauses that, by their nature, have continuous effect and shall survive termination of the Services.
  • 14.6In the event the Client’s subscription to the Services expires or is terminated for any reason, the Client agrees and acknowledges that Multichannel has no obligation to retain the Client’s Personal Data and may delete such Personal Data 30 days after expiration or termination.

15 REPRESENTATIONS AND WARRANTIES

  • 15.1Each party represents and warrants that it has the legal power and authority to enter into these TOS.
  • 15.2The Client represents and warrants that it has not falsely identified itself nor provided any false information to gain access to the services, and that its billing information is correct.
  • 15.3Multichannel does not warrant that the services or the functions provided by this website will be uninterrupted, error-free or delayed, or that this website, the server that makes it available, or any links to third party websites are free from computer viruses.

16 INDEMNITY

  • 16.1For the purposes of this Clause, “Claims” shall mean all demands, claims, proceedings, penalties, fines and liabilities (whether criminal or civil, in contract, tort or otherwise); and “Losses” shall mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever.
  • 16.2The Client shall indemnify and hold harmless Multichannel from and against all Claims and Losses arising from loss, damage, liability, injury to Multichannel employees and third parties, infringement of third party intellectual property, or third party losses by reason of or arising out of the unauthorised use of the Services, the Technology, the Multichannel Content, this website or any other information supplied to the Client by Multichannel, its employees or consultants, or supplied to Multichannel by the Client within or outside the scope of these TOS, other than in accordance with these TOS.
  • 16.3Multichannel shall indemnify and hold the Client, its officers, directors and employees harmless from and against any and all Claims and Losses arising from allegations that the Services infringe third party intellectual property rights, provided that:
    • (a)the Client promptly gives Multichannel written notice of such Claims and Losses;
    • (b)the Client provides reasonable cooperation to Multichannel in the defence and settlement of such Claims and Losses, at Multichannel’s expense;
    • (c)Multichannel has sole control of the defence and settlement of the Claims and Losses; and
    • (d)the Client has not compromised or settled such Claims and Losses.
  • 16.4In the defence or settlement of any Claims and Losses, Multichannel may procure the right or licence for the Client to continue using the Services, replace or modify the Services to make it non-infringing or, if such remedies are not reasonably available, terminate these TOS and the supply of the Services to the Client on 2 Business Days’ notice without any additional liability or obligation to pay liquidated damages or other additional costs to the Client.
  • 16.5In no event shall Multichannel, its employees, agents and sub-contractors be liable to the Client for any alleged infringement of third party rights arising from:
    • (a)a modification of the Services by anyone other than Multichannel, including a combination of the Services with any of the Client’s products, services, hardware or business process(es);
    • (b)the Client’s use of the Services in a manner contrary to the instructions given to the Client by Multichannel; or
    • (c)the Client’s use of the Services after notice of the alleged or actual infringement from Multichannel or any appropriate authority.
  • 16.6The foregoing states the Client’s sole and exclusive rights and remedies, and Multichannel’s (including its employees’, agents’ and sub-contractors’) entire obligations and liability, for infringement of any intellectual property rights.

17 DISCLAIMER

  • 17.1Multichannel makes no representations or warranties whether express or implied as to the Services, the Technology, the Multichannel Content, this website or their content, or with respect to any information, services or products provided through or in connection with the Services, and Multichannel does not adopt any representation or warranty of any manufacturer or merchant of any such information, service or products.
  • 17.2To the fullest extent permissible by law, Multichannel is not subject to any implied conditions, warranties or other terms, including but not limited to conditions, warranties or other terms as to fitness for purpose, accuracy or content of information or services, care and skill, time for performance and consideration.
  • 17.3Except as expressly set forth herein, the Services, the Technology and the Multichannel Content is provided to the Client strictly on an “as is” basis.

18 LIMITATION OF LIABILITY

  • 18.1Multichannel shall not be liable whether in tort, contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising from the Services or this website.
  • 18.2Multichannel’s liability for any damages arising out of the performance of its obligations under these TOS shall be limited to the amounts actually paid by and/or due from the Client in the 12 month period immediately preceding the event giving rise to such claim.
  • 18.3To the fullest extent permissible by law, Multichannel shall not be liable in any circumstances to the Client for any indirect damage or consequential loss howsoever caused in connection with the performance or non-performance of its obligations under these TOS.

19EVENTS BEYOND MULTICHANNEL’S CONTROL

  • 19.1Multichannel shall not be liable for any delay or failure to perform its obligations pursuant to these TOS if such delay is due to circumstances beyond its reasonable control (“Force Majeure”). If a delay or failure of Multichannel to perform its obligations is caused or anticipated due to Force Majeure, the performance of Multichannel’s obligations shall be suspended.
  • 19.2For the avoidance of doubt, Force Majeure shall include, without limitation, any censorship requirements applicable to the Individual Channels.

20 NOTICES

  • 20.1Multichannel may give notice to the Client by means of:
    • (a)a general notice on the Services;
    • (b)email to the Client’s email address on record in Multichannel’s account information; or
    • (c)a letter sent by post to the Client’s postal address on record in Multichannel’s account information.Such notice shall be deemed given 48 hours after posting (if sent by post) or 12 hours after sending (if sent by email).
  • 20.2The Client may gave notice to Multichannel to the addresses in Clause 22.3 at any time by any of the following:
    • (a)email; or
    • (b)a letter sent by courier, pre-paid recorded delivery or registered post.Such notice shall be deemed given when received by Multichannel.
  • 20.3Notices to Multichannel may be delivered to the following address (or such other address as Multichannel may in the future specify to the Client):Multichannel Research LimitedAddress: 20/F, One IFC, 1 Harbour View Street, Central, Hong KongAttention: ROBERT LI, COO.

21 ENTIRE AGREEMENT

These TOS and any other terms and conditions of service on this website and its successor set forth the entire understanding between the Client and Multichannel hereto and supersedes all prior agreements, arrangements and communications, whether oral or written, with respect to the subject matter hereof.

22 NO PARTNERSHIP OR AGENCY

Nothing in these TOS is intended to or shall operate to create a partnership between the Client and Multichannel or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

23 NO WAIVER

The failure to exercise or delay in exercising a right or remedy provided by these TOS or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies, unless acknowledged and agreed to in writing.

24 SEVERABILITY

If any provision of these TOS is held invalid, unenforceable or illegal for any reason, these TOS shall remain otherwise in full force apart from such provision which shall be deemed deleted.

25ASSIGNMENT AND CHANGE IN CONTROL

  • 25.1The Client may not assign, transfer, charge, sub-contract or otherwise dispose of all or any of its rights and obligations under these TOS without Multichannel’s prior written consent.
  • 25.2Multichannel may assign, transfer, charge, sub-contract or otherwise dispose of all its rights and obligations under these TOS to any third party at any time, without any prior written notice to the Client.
  • 25.3Any actual or proposed change in control of the Client that results or would result in a direct competitor of Multichannel directly or indirectly owning or controlling 50% or more of the Client shall entitle Multichannel to terminate the Services immediately upon written notice.

26 GOVERNING LAW

These TOS shall be governed by and construed in accordance with the laws of Hong Kong. Any dispute related to these TOS shall be subject to the non-exclusive jurisdiction of the courts of Hong Kong.

27 CONTACT US

If you have any questions regarding these TOS or wish to obtain additional information, please use the contact section of this website.