Terms of Use

Before using this Website (“www.present-senses.com”), please read the Terms of Use set forth below, as they apply to your usage of this website. By using and continuing access to this Website, you shall conclusively be deemed to have accepted the Terms of Use set forth below.

1. Definitions

“Information” information, data, text, content, analysis, news, reports, programmes, photographs, pictures, graphics, video, audio, software and other materials and services, communications, transmissions and other items, tangible or intangible.

“Personal data” personally identifying information or sensitive data (including but not limited to names, addresses, occupations, contacts, and other personal details).

“Present Senses“, “we“, “our” or “us” means Present Senses Limited.

“Services” means services as may be offered from time to time on this Website.

“Terms of Use” the terms of use set forth below as amended from time to time.

“Third Party Provider” any provider of information or services on the Website other than Present Senses.

“Users“, “you” or “your” any person who accesses the Website

“Website” www.present-senses.com and other website(s) hosted by Present Senses from time to time.

2. Changes to Website

We may, in our sole discretion and at any time, without notice to you, add to, amend or remove any Information from the Website, or alter the presentation, substance, or functionality of the Website.

3. Change of Terms

We may amend, add or delete any provision of the Terms of Use from time to time in our sole discretion and such amendment, addition or deletion shall be effective immediately upon either posting the modified Terms of Use or notifying you. You agree to review these Terms of Use periodically to ensure that you are aware of any modifications. Your continued access of and use of the Information of this Website and Services following such amendments to the Terms of Use, shall conclusively be deemed to be your acceptance of the modified Terms of Use.

4. User’s Conduct

As a condition of your use of the Website, you must not: trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas for which you have not been authorised by us; restrict or inhibit any other user from using and enjoying the Website; post or transmit any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable Information of any kind, including but not limited to any transmissions constituting or encouraging conduct that may constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law; post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding; post or transmit any Information or software which contains any virus, Trojan horse, worm or other harmful component; post, publish, transmit, reproduce, distribute or in any way exploit any Information obtained through the Website for commercial purposes; or upload, post, publish, transmit, reproduce, or distribute in any way, Information obtained through the Website which is protected by copyright, or other proprietary rights, or create derivative works with respect thereto, without the prior written permission of the copyright owner or right-holder.

You have no rights in or to the Information available on the Website and you will not use the Information available on the Website in any manner or for any purpose, except as permitted under these Terms of Use.

5. Third Party Information

The Information may contain Information provided by Third Party Providers or sourced by Present Senses from other references or sources. The Information on the Website may not be regarded as any recommendation or endorsement by Present Senses for any purpose with respect to any person, product or service.

Present Senses is not responsible if any such Information is not up-to-date; Present Senses does not separately verify such Information. Accordingly we do not accept any responsibility whatsoever in respect of such Information. Any use of and reliance on such Information is at your own risk.

6. Links to and from the Website

The links on the Website may take you to other sites and you acknowledge and agree that Present Senses has no responsibility for the accuracy or availability of any Information provided by linked websites.

Links to other websites do not constitute an endorsement by Present Senses of such websites or the Information, products, advertising or other materials available on those websites.

7. Indemnity

You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including but not limited to legal fees), in connection with or arising from your breach of any of these Terms of Use and/or your use of the Website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.

8. Intellectual Property Rights

All intellectual property rights subsisting in respect of the Website belong to Present Senses or have been lawfully licensed to Present Senses for use on the Website. All rights under applicable laws are hereby reserved. Except with the express permission of Present Senses, you are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or create derivative works with respect thereto, as the Website is copyrighted under applicable laws.

You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us (“Feedback”) in connection with the Website and/or Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.

9. Limited Liability and Warranty

All Information is for your general reference only. Present Senses does not accept any responsibility whatsoever in respect of such Information.

Your access to and use of our website is at your sole risk and is provided “as is”, “as available”. The Website is for your personal use only and we make no representation or warranty of any kind, express or implied, including but not limited to, any warranties on merchantability or fitness for any particular purpose.

Our entire liability and your exclusive remedy with respect to the Website or otherwise, is re-performance of defective services. In Jurisdictions which do not allow the exclusion or limitation of certain types of liability, our liability will be limited to the maximum extent permitted by law.

We do not endorse, warrant or guarantee any material, product or service offered through us or our Website. We are not and will not be a party to any transaction between you and any third party.

Present Senses shall not guarantee or assume any responsibility that: the Information on the Website is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference; the Information on the Website is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment; messages sent through the internet will be free from interception, corruption or loss; access to the Website will be available or be uninterrupted; or defects in the Website will be corrected.

In no event will Present Senses be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, the Information, even if Present Senses has been advised of the possibility of such damages.

You will exercise and rely solely on your own skill and judgment in your use and interpretation of the Information. You are responsible to ensure that your use of the Information complies with all applicable legal requirements.

The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.

10. Privacy Policy

For information about our privacy policies and practices, please refer to our Privacy Policy. Where personal data is collected in connection with the Services, you should also have reference to the relevant user agreements linked to the form through which your personal data is collected.

11. Partial Invalidity

The illegality, invalidity or unenforceability of any provision of these Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

12. Miscellaneous

No waiver of any breach under these Terms of Use will amount to a waiver of any other breach. The headings in these Terms of Use are for convenience only and do not affect interpretation.

13. Governing Law and Jurisdiction

These Terms of Use shall be governed by the law of the Hong Kong Special Administrative Region. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.