TERMS AND CONDITIONS of USE

This website of Finstep Asia Limited ("Company") and any other site of the Company accessed through this website: http://www.finstep.asia (collectively "Website") and the services provided therein shall only be available to:

a.           users seeking to showcase their own business (“business owner(s)”),

b.           users seeking services ("partner (s)") and

c.           users seeking information (“reader(s)”).

Access to and use of the contents and services provided on the Website shall be subject to the Privacy Statement and the Terms and Conditions (which are set out below). If you do not accept either or both of the Privacy Statement and/or the Terms and Conditions, please do not use the Website. Upon your acceptance of the Privacy Statement and the Terms and Conditions, the Terms and Conditions shall be binding upon you. The Company may revise the Privacy Statement and the Terms and Conditions at any time without prior notice. You are advised to periodically review the Privacy Statement and the Terms and Conditions. Your access to the Website and the Company's services will be terminated upon your notice to the Company that any change is unacceptable; otherwise your continued use shall constitute your acceptance of all changes and they shall be binding upon you. The terms "you", "user" and "users" herein refer to all individuals and/or entities accessing and/or using the Website at any time for any reason or purpose. Please refer to the details of the Company's Privacy Statement by clicking on this link.

1. Acceptable Website Uses

a. Specific Uses - Business owner

Business owner agrees that it shall only use the Website for lawful purposes and seeking to promote their own business/company. Upon payment of the service fee to the Company or upon acceptance of any free trial promotion offer, Business owner will be entitled to use the Website to advertise their business/company and/or create its own web page on the Website for a predetermined period following agreement on the predetermined service. Subject to the conditions or requirements from time to time stipulated by the Company regarding access to information or data, Business owner will be entitled to access the Database but agrees that all information or data obtained as a result of such access shall only be used for the sole purpose of assessing potential business services and that such information or data shall not be disclosed to any other parties without the prior consent of Finstep Asia. Business owner shall be solely responsible for the contents of and materials contained in its advertisements and/or web page posted on the Website. The Company reserves the right to remove or edit, or require the removal or amendment of, any advertisement or web page as it sees appropriate, or to terminate or suspend the Business owner's access and use of the Website and/or services offered on or through the Website, in accordance with the agreement for such services between Business owner and the Company. The Company shall have the right to terminate any services to any Business owner and remove any advertisement and/or web page posted on the Website at the Company's sole discretion, without any compensation or recourse to Business owner. The Company also reserves the right to change the service fee or institute new charges or fees, as it deems appropriate. In the event that any Business owner fails to pay the service fee or any other fees or charges due to the Company, the Company reserves the right to suspend or terminate the Business owner's web page and/or advertisements and/or right to access the Database, without prejudice to all other rights and remedies available to the Company.

b. Specific Uses - Partner

Partner agrees that it shall only use the Website for lawful purposes and seeking potential readers. Upon payment of the service fee to the Company or upon acceptance of any free trial promotion offer, Partner will be entitled to use the Website to advertise their services/events and/or create its own web page on the Website for a predetermined period following agreement on the predetermined service. Partner shall be solely responsible for the contents of and materials contained in its advertisements and/or web page posted on the Website. The Company reserves the right to remove or edit, or require the removal or amendment of, any advertisement or web page as it sees appropriate, or to terminate or suspend the Partner's access and use of the Website and/or services offered on or through the Website, in accordance with the agreement for such services between Partner and the Company. The Company shall have the right to terminate any services to any Partner and remove any advertisement and/or web page posted on the Website at the Company's sole discretion, without any compensation or recourse to Partner. The Company also reserves the right to change the service fee or institute new charges or fees, as it deems appropriate. In the event that any Partner fails to pay the service fee or any other fees or charges due to the Company, the Company reserves the right to suspend or terminate the Partner's web page and/or advertisements and/or right to access the Database, without prejudice to all other rights and remedies available to the Company.

c. Specific Uses - Reader

Reader agrees that he/she shall only use the Website for lawful purposes and for educational/learning purposes. Reader agrees to keep his/her login name (where provided) and password with care and not to disclose them to any other person. Reader is solely responsible for maintaining the confidentiality of such login name and password and shall notify the Company immediately of any unauthorized use of the same. Reader confirms and acknowledges that he/she discloses his/her personal data on the Company’s website or to the Business owners, Partners and/or the Company of his/her own volition when he/she establishes her profile on the company’s website and/or applies for services  posted on or through the Website, and/or when Reader uses the Website for purposes of submitting, uploading or posting his/her information on the Website. By establishing his/her profile, submitting, uploading or posting his/her information on the Website, Reader authorizes the Company to store his/her  information or data related thereto in the database of the Company ("Database"). Reader may send his/her details and the related information or data directly to any Business owner or Partner who advertises on or through the Website. Alternatively, Reader may send his/her details and the related information or data to the Company through the website in reply to any job advertisement. In such event, Reader's profile and the related information or data will remain active on the Website and be stored in the Database at his/her own risk unless and until he/she chooses to delete them. Reader acknowledges and agrees that his/her details and the related information or data may be accessed by the Business owners or Partners who have subscribed to the services of the Company, for the sole purpose of assessing the suitability of Readers for their services. The Company also reserves the right to reject, disapprove or edit any Reader's profile and information or data related thereto as it sees appropriate and to erase any personal data which the Company reasonably believes is inaccurate having regard to the purpose (including any directly related purpose) for which the data is or is to be used. Reader acknowledges and agrees to the Company's practice of charging Business owner or Partner a fee for access to the Website, the Database and/or Readers' details and information or data related thereto, for the sole purpose of assessing the suitability of Readers and subject to the terms herein. Reader also recognises that he/she shall have no claims to any such fee received by the Company. The Company will not release Reader's sensitive personal data to any Business owner or Partner without his/her permission. Reader agrees that the Company and its associated companies may use his/her personal data for marketing purposes which may be directed to either potential Partners, Business owners or Partners, their respective agents or anyone under their employ. Although the Company shall use its reasonable endeavours to restrict access to the Database only to the Business owners, Partners and personnel of the Company, it does not guarantee that other parties will not, without the Company's consent, gain access to the Database.  However, Reader acknowledges that the Business owners or Partners and other parties who have otherwise gained access to the Database may have retained a copy of Reader's information. The Company is not responsible for the retention, use or privacy of resumes in these instances, or for the use or privacy of such information by any of such parties while the information are in the public Database and shared by the reader. The Company will not be responsible or held liable in any way if any Business owner or Partner or other user, in breach of the Terms and Conditions, whether in Hong Kong or elsewhere, uses the Reader's personal data, information or materials for any purpose other than for serving the potential readers. Reader accepts that all personal data, information or materials given to Business owner or Partner or other users, or submitted on or through the Website, are given entirely at his/her own risk.

d. Prohibited Uses - Business owners, Partners and Readers

Business owner, Partner and/or Reader agree(s) that: - Reader shall not post any information or data and/or incomplete, false or inaccurate information or data on the Website. Reader shall not respond to any advertisement for any reason other than to utilise the services advertised, and Partner shall not respond to any Reader other than in connection with his/her application for a job. Any communications or use of the Website for any purposes other than promoting the Business owner’s own business/company or recruitment purposes, including but not limited to soliciting of donations or business for any reason, are strictly prohibited. All users shall not use the Website in any manner that infringes the intellectual property rights or proprietary rights of others. All users shall not print, download, duplicate or otherwise copy, reproduce, re-distribute, republish or use any personally identifiable information about other users, except that Partners may use the Database and information or data related thereto pursuant to Clause 1.b. above. All unsolicited communications of any type to users are strictly prohibited. All users shall not delete, revise or remove any material posted by any other person or entity. All users are prohibited from violating or attempting to violate the security of the Website including, without limitation, accessing data not intended for them or logging into a server or account which they are not authorised to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorisation, attempting to interfere with service to any user, host or network or sending unsolicited e-mails, including e-mails containing promotions and/or advertisements for products or services. Violations of system or network security may result in civil and/or criminal liabilities. All users shall not upload, post, publish, transmit, distribute, circulate or store any material on or to the Website: (i) in violation of any applicable law or regulation; (ii) in any manner that may infringe the copyright, trademark, trade secrets or other intellectual property rights or proprietary rights of others or violate the privacy or publicity or other personal rights of others; (iii) that is harmful, defamatory, libellous, obscene, discriminatory, harassing, threatening, abusive, hateful, racist, political, religious, blasphemous, false, illegal, improper or is otherwise offensive or objectionable; or (iv) that contains viruses, trojan horses, worms, corrupted files or other materials or programs that may interrupt, damage or limit the functionality and operation of the Website, the services offered on the Website, or of any computer software or hardware or telecommunication equipment.

2. Intellectual Property Rights

All contents of the Website, including without limitation information, text, graphics, images, layout, designs, pictures, logos, editorial content, HTML and other proprietary materials on the Website (collectively "Contents") are the intellectual property of the Company, its associated companies and/or licensors and are protected by copyright, trademark, patent and other intellectual property laws. Users acknowledge and agree that the Contents are made available solely for their personal non-commercial use. Except as otherwise provided in this paragraph, users shall not, and shall not procure, assist or facilitate any third party to, copy, reproduce, transmit, publish, disseminate, distribute, redistribute, broadcast, circulate, store (in any medium), display, modify, sell or transfer or participate in the sale or transfer of or offer for sale of, create derivative works from, or in any way exploit any of the Contents, whether in whole or in part. Users may download or copy the Contents solely for their personal non-commercial use and/or uses that are expressly permitted in these Terms and Conditions, provided that users will not delete or amend any symbols or statements in the Contents that indicate the subsistence therein of copyright, trademark and any other proprietary rights. Users do not obtain any right, title or interest in or to any or any part of the Contents as a result of such downloading or copying. The Company reserves all its rights of enforcement of all its intellectual property rights or proprietary rights in the Contents, including without limitation against any use of any of the Contents that is not expressly permitted under the Terms and Conditions. For the avoidance of doubt, any purported consent of any third parties (including Partners) to the use of the Contents or any part thereof shall not in any way exonerate the users from the restrictions/prohibitions imposed hereunder.

3. Responsibility

The Company reserves the right to monitor the Website and its contents at all times, but is not obliged to do so. The Company takes no responsibility whatsoever for any material on the Website that is not posted by the Company or is otherwise posted by the Company on behalf of a user. All users acknowledge and agree that they are fully responsible for the form, content and accuracy of any resume, information, data, advertisement, web page and/or material submitted by them to the Company or that is otherwise posted by them on or through the Website. The Company does not warrant that any resume, advertisement or web page will be viewed by any specific number of users or that it will be viewed by any specific user or result in successful recruitment of personnel. The Company shall not in any way be considered an agent of either Partner or Reader with respect to any use of the Website. The Company shall not be responsible in any way for any decision, for whatever reason, made by any party seeking or posting jobs on the Website, or of any party responding to or posting advertisements on the Website. WHILST THE COMPANY HAS ENDEAVOURED TO PROVIDE A QUALITY SERVICE TO BUSINESS OWNERS, PARTNERS AND READERS, IT DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY OR SECURE. IF USE OF THE WEBSITE OR ITS CONTENTS RESULT IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BY ANY USER, THE COMPANY SHALL NOT BE RESPONSIBLE FOR THOSE COSTS AND ANY LOSS OR DAMAGE OF WHATSOEVER NATURE. THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT PREJUDICE TO THE FOREGOING, ANY WARRANTIES IN RESPECT OF MERCHANTABILITY, AVAILABILITY OF FEATURED PRODUCTS OR SERVICES, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, OR ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR OTHER QUALITIES OF THE WEBSITE AND THE CONTENTS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS CONTAINED THEREIN.

4. Own Risk

ALL USERS USE THE WEBSITE AND ANY OTHER WEBSITES ACCESSED THROUGH IT, ENTIRELY AT THEIR OWN RISK. All users shall be responsible for their own communications and are responsible for the consequences of their activities on the Website. The Company does not represent or guarantee the truthfulness, accuracy or reliability of any of the communications posted by other users or endorse any opinions expressed by users. Any reliance by users on material posted by other users shall be at their own risk.

5. Links to Other Sites

The Website may contain links to users’ or third-party websites. These are provided solely as a convenience to users and as Internet navigation tools, and not in any way as an endorsement by the Company of the contents on such users’ or third-party websites. Unless otherwise stated on the Website, the Company has no control over or rights in such users’ or third-party websites and is not responsible for their availability or security. If users access any linked users’ or third-party websites, they do so entirely at their own risk. The Company shall not be responsible for the contents of any users’ or third-party websites linked to the Website or any links contained in such users’ or third-party websites or any changes or updates to the above, and does not make any representations or warranties regarding the contents or accuracy of materials on such users’ or third-party websites. The Company shall not be responsible or liable for any loss or damage of any kind arising from or in connection with the use of the services or contents of such users’ or third-party websites. Further, any data or materials posted on the Website by any user may be viewed by users of other websites linked to the Website and the Company shall not be responsible for any improper use by any person other than the Company of any data or materials posted on the Website.

6. Indemnity

Each user agrees to indemnify and hold harmless the Company and its associated companies, officers, directors, readers, agents, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns from and against any claims, actions, demands, injuries, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) (collectively "Losses") arising from or relating to the user's use of the Website or its contents or the user's breach of the Terms and Conditions, to the fullest extent permitted by applicable law. This indemnification shall be in addition to all other obligations of users under the Terms and Conditions, and shall not prejudice any other rights or remedies available at law to the Company.

7. Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS ASSOCIATED COMPANIES, OFFICERS, DIRECTORS, READERS OR AGENTS SHALL NOT BE LIABLE IN ANY EVENT FOR DAMAGE OF ANY KIND SUFFERED BY ANY USERS WHATSOEVER DIRECTLY OR INDIRECTLY ARISING FROM OR RELATING TO SUCH USERS' USE OF OR INABILITY TO USE THE WEBSITE AND ITS CONTENTS, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN SUCH CONTENTS, OR ANY DELETION, INCORRECT OR DELAYED TRANSMISSION OR LOSS OF ANY CONTENTS OR MATERIALS UPLOADED OR TRANSMITTED THROUGH THE WEBSITE.

8. Dealing with Advertisers

User's communication or business dealings with, or participation in promotions organized by, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between user and such advertiser. The Company shall not be responsible or liable for any loss or damage of any type or nature incurred as a result of any such dealings or as a result of the presence of the advertisers on the Website.

9. Dealing with Other Users

While the Company uses its best endeavours to provide Business owner promoting and business services, and represents a medium supporting information exchange between Business owners, Partners and readers, the Company will not be involved in dealings or disputes between Business owner, Reader and Partner and the Company shall not be responsible for the quality, security and legitimacy of the business service. The Company does not warrant or guarantee the accuracy of the information and/or the resume provided by Business owner, Reader or of the advertisements provided by Partner. Should any dispute arise between Business owner, Partner and Reader, Business owner, Partner and Reader shall resolve such disputes between themselves and the Company shall not be responsible for any such disputes.

10. Limitation of Liability

Without prejudice to the above and subject to the applicable laws, the aggregate liability of the Company to any user for all claims arising from or relating to his/her use of the Company's services and the Website shall be limited to the fees received by the Company in respect of the service giving rise to such claims.

11. Termination

In the event that any information provided by the user is inaccurate, in breach of any laws or contains indecent elements, the Company may instantly abrogate the user's account and membership without notice and reserves the right to take such action as it considers appropriate, desirable or necessary, including but not limited to taking legal action against such user. The Company reserves the right at any time to immediately terminate or suspend any user's account or access to the Website without notice, where the Company is of the opinion that the user has breached any of the Terms and Conditions or violated any law or regulations, and to take such further action as the Company in its sole discretion considers appropriate, desirable or necessary, including removing any material which it deems abusive, illegal, disruptive or inappropriate. The Company shall have the sole and absolute discretion to decide whether the user, Business owner, Reader or Partner has breached any of the Terms and Conditions, and such decision shall be final.

12. Modification to Access or Website

The Company reserves the right at any time and from time to time to modify, change, suspend, discontinue or restrict: (a) users' access to, either temporarily or permanently, the Website (or any part thereof); or (b) the whole or any portion of this Website (and the services provided therein), with or without notice. The Company shall not be liable to users or to any third party for any such modification, change, suspension, discontinuation or restriction.

13. Security Measures

The Company will use its reasonable endeavours to ensure that its officers, directors, readers, agents and/or contractors exercise prudence and due diligence in handling the personal data submitted by Reader and that access to and processing of the personal data by such persons is on a "need-to-know" and "need-to-use" basis. The Company will use its reasonable endeavour to protect such personal data against any unauthorized or accidental access, processing or erasure.

14. Governing Law and Jurisdiction

The Terms and Conditions and any dispute or matter arising from or incidental to the use of the Website shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong").
Any dispute, controversy or claim arising out of or relating to the Terms and Conditions including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this Clause:

a.                   The appointing authority shall be Hong Kong International Arbitration Centre (“HKIAC”).

b.                  The place of arbitration shall be in Hong Kong at HKIAC.

c.                   There shall be only one arbitrator.

d.                  The language to be used in the arbitral proceedings shall be English.

In the event of any breach of the Terms and Conditions by a party, the other party shall be entitled to remedies in law and equity as determined by arbitration.

15. Entire Agreement

The Terms and Conditions shall constitute the entire agreement between user and the Company relating to his/her/its use of the Website, and shall replace and supersede all other communications (be it written or oral), discussions, letters and contracts relating to the subject matter hereof.

16. Severability

The provisions of the Terms and Conditions shall be enforceable independently of one another and the validity of each provision shall not be affected if any of the others is invalid. In the event that any provision or part of a provision of the Terms and Conditions is determined to be or becomes illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions or remaining part of the provision of the Terms and Conditions shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision or part of a provision, there shall be added as part of the Terms and Conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.