T&Cs

Last updated: March 2024

1.          THESE TERMS

1.1       We are ACME Ltd, a company registered in Hong Kong. We own and operate this website.

1.2       These terms of use (“Terms of Use”) govern your use and access to this website, our notifications and any information or content appearing therein (collectively our “Site”).

1.3       Your use of the Site is subject to these Terms of Use. By using the Site, you will be deemed to have accepted and agreed to be bound by these Terms of Use. If you are using our Platform as a representative of an entity, you represent that you have the authority to agree, and are agreeing, to these Terms of Use on behalf of that entity. 

1.4       We may make changes to these Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site. You can determine when we last changed these Terms of Use by referring to the ‘Last updated’ statement above. Your use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.

1.5       It is important that you read our privacy policy at www.visit-acme.com, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.

1.6       For any questions or problems relating to our Site or these Terms of Use, you can contact our Customer Service Team by e-mailing us at info@visit-acme.com.

2.          AVAILABILITY OF OUR SITE AND SERVICES

2.1       We try our best to ensure that our Site is always available, but we do not guarantee that the operation of or access to our Site will be uninterrupted or continuous. Our Site may be interrupted for maintenance, repairs, upgrades, network or equipment failures.

2.2       You are responsible for configuring your information technology, computer programmes and Site or system in order to access our Site. We do not guarantee that our Site will be free from bugs or viruses. 

2.3       We are constantly changing and improving our Site and the products or services we provide. We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether. If we discontinue certain products, services, functionalities or features, we will give you advance notice where reasonably possible. We may issue additional terms and conditions or make changes to these Terms of Use for such products, services, functionalities or features from time to time.

2.4       The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.

3.          USE OF THE SITE

3.1       We give you a personal, worldwide, royalty-free, non-assignable, non-transferable, non-sublicensable, non-exclusive and revocable licence to access and use our Site. This licence is for the sole purpose of enabling you to use and enjoy the benefit of our Site as provided by us and in the manner as permitted by these Terms of Use.

3.2       Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:

(a)    use the Site for any fraudulent or unlawful purpose;

(b)   use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;

(c)    impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;

(d)   interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;

(e)    transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;

(f)     reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;

(g)    modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;

(h)   remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;

(i)     frame or mirror any part of the Site without our express prior written consent;

(j)     create a database by systematically downloading and storing Site content;

(k)    use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.

4.          OUR RIGHTS

4.1       All intellectual property rights subsisting in the Site or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved. You must not upload, post, publish, reproduce, transmit or distribute any content or component of our Site in any way, or create any derivative works with respect to any such content or component.

4.2       Our name “ACME” and our marks and logos are our trade marks (be it registered or unregistered) and may not be used without our express prior written consent.

5.          FEEDBACK

 5.1       We value and welcome feedback on our Site. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Site or any products or services we offer, without any payment to you.

5.2       You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.

6.          LIMITATION ON LIABILITIES

6.1       Some countries or jurisdictions may not allow the disclaimers in this clause, in which case these disclaimers will not apply to you.

6.2       We are not responsible for any delay or disruption in our Site or any defect, viruses, bugs or errors. We do not guarantee that the information or content you find on the Site is always accurate, truthful, complete and up-to-date. We provide the Site and any products or services we offer on an “as is” and “as available” basis, and your access to or use of our Site is at your own risk.

6.3       To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”)) expressly exclude:

 (a)    any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Site; and

(b)   all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement).

6.4       The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. However, we do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Site or providing the products or services we offer.

7.          INDEMNITY

7.1       You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these Terms of Use, (ii) your use of our Site and/or (iii) any misrepresentation made by you.

7.2       You also agree to fully co-operate with us in the defence or settlement of any claim in relation to or arising out of our Site or these Terms of Use. 

8.          TERMINATION

8.1       These Terms of Use will continue to apply until terminated by either you or us as follows.

8.2       We reserve the right to suspend or terminate your access to our Site or any part of it, if we reasonably believe: 

(a)    you are in serious or repeated breach of these Terms of Use (including a prolonged failure to settle any payment); 

(b)   you are using the Site in a manner that would cause a real risk of harm or loss to us, other users, or the public; 

(c)    we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or 

(d)   our provision of the Site to you is no longer possible or commercially viable.

8.3       Upon termination of your access, these Terms of Use will also terminate except for Clauses 6 to 11.

8.4       Where we consider necessary or appropriate, we will report any breach of these Terms of Use to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.

9.          ENTIRE AGREEMENT

9.1       These Terms of Use constitute the entire agreement between any user and us in relation to the use of or any transactions on the Site. These Terms of Use supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of or any transactions on the Site.

9.2       You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms of Use.

10.       OTHER IMPORTANT TERMS

10.1    We may transfer our rights and obligations under these Terms of Use to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for any products not provided.

10.2    You may only transfer your rights or your obligations under these Terms of Use to another person if we agree to this in writing.

10.3    If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

10.4    Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 

11.       GOVERNING LAW AND JURISDICTION

11.1    These Terms of Use are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.

11.2    The courts of the Hong Kong Special Administrative Region shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use.