Cooktown - Terms and Conditions of Use

Acceptance of Terms and Conditions

• The website www.cooktown.com (the "Website") is owned and operated by Cooktown Limited ("Cooktown").
• The terms "you" and "User" as used herein refer to all individuals and / or entities accessing the services for any reason or any purpose. The term "Contents" is used herein to refer to all or any of the data, text, button icons, links, HTML codes, trademark, software, music, sound, photographs, graphics, still pictures, series of moving pictures (whether animated or not), videos, merchandise, products, advertisements, services or any compilation or combination of them and any other contents or materials that may be found on any website or any webpage.
• This agreement sets forth the terms and conditions under which Cooktown is willing to authorize your access to the Website and to provide you with the related services. You must accept the agreement before you access the Website or related services.
• You must be registered as a member of the Website (the “Registered Member”) before using the related services.
• You accept and agree to be bound by the terms and conditions upon your using any services or otherwise accessing the Website or using any information found therein. If you do not accept the terms and conditions, you may not and should not access the Website or use the services or information provided thereunder. If you have any questions about the terms and conditions, or about accessing and using the Website, please feel free to contact us at 3708 8041.

Scope of Authorized Use

• All services together with any new features that augment or enhance any such services currently offered shall, unless explicitly stated otherwise, be subject to the terms and conditions. You understand and agree that the services are provided “As Is” and that the Company assumes no responsibility for the timeliness, deletion, failure or mis-delivery of the provision of any services. You understand that the technical processing and transmission of the services may involve
  i. transmissions over various networks; and
  ii. changes to conform or adapt to the connecting networks or devices.
  
• The Company shall, accordingly, in no circumstances, be liable for any failure of any services in whole or in part or for your inability to gain access in whole or in part to such services due to the delay or failure of any communication networks or any party providing such access.
• Cooktown grants you the right to access and use of the Website or related services on the condition that:
• You undertake and agree not to use, copy, distribute, transmit, broadcast, display, sell, license or publish the information or any part thereof provided in the Website or related services for any purposes other than your own personal and non-commercial use; and you shall not use the Website, related services and/or any information provided by the Website or related services or any part thereof in any means which may jeopardize any rights of Cooktown or any other companies within its group; and you acknowledge, represent and warrant that:
• You have the sole and absolute responsibility for any consequences arising out of your submission of any information, text, hyperlink or any other content (the “Submitted Content”) to Cooktown;
• You have all necessary licences, rights, consents or approvals for you to use, or to license Cooktown or its agents to use, the Submitted Content in the Website or related services;
• You have obtained the written consent from each of the persons whose personal data may be contained in the Submitted Content for using, posting, disclosing or publishing their personal data in the Website or related services;
• You shall not post any Submitted Content in the Website or through the related services that may be protected under copyright, trademark, patent or other intellectual property rights, unless you are the owner of the relevant rights, or have obtained the necessary consent or approvals from the lawful owners for you to use the relevant rights in the Website or thorough the related services or to grant Cooktown or its agent the right to use the relevant rights;
• You shall not publish any false, incorrect, or misleading information which may prejudice Cooktown or any third parties;
• You shall not submit any information that is illegal, obscene, defamatory, degrading, intimidating, indecent, harassing, annoying, racist, offensive, or incite any acts or conducts that are in contravention of any laws, improper or immoral;
• You shall not post any advertisement or procure business in the Website or through the related services without Cooktown's prior approval;
• You shall not misrepresent yourself as other persons or entities.
• The related services are only available to the Registered Members. You undertake and agree that all information provided to us in the membership registration is accurate and complete, and you shall advise Cooktown promptly of any change.
• A username and password will be assigned specifically to you after you have registered as a member, for the access to the related services.
• You shall keep your username and password in confidence and shall not disclose them to any other persons. You shall be responsible for the use of your username and password.
• If you suspect that someone may have obtained access to your password or made any unauthorized use of your password, you undertake to notify Cooktown as soon as possible. Cooktown may refuse your access to the related services until Cooktown is satisfied that security measures have been re-established.
• If you are under the age of eighteen, a minor or not capable of assuming legal responsibility, you should seek advice from your parents or guardians as to the meaning and consequences of these terms and conditions before using any of the services. You must not provide us with your personally identifiable information unless you have received the consent from your parents or guardians. Cooktown presumes that every User of the Website has the requisite capacity required for any use of any of the services and, by using any of the services, you undertake and warrant to us that you have the requisite capacity. Cooktown is not obliged to verify the age or capacity or any Users, but in the event it is discovered that any Users lack the requisite capacity, Cooktown reserves the rights as may be available against such Users, or the parents or guardians of such Users, including the right to be indemnified by them against all the loss or damage suffered by us as the result of the said lack of capacity or to cancel their registration and terminate their access to the Website.

Privacy Policy

Personally identifiable information is subject to our Privacy Policy. Please see our Privacy Policy Statement and Personal Data Collection Statement

Intellectual Property Rights

• Save for the Submitted Content, any content, information, data, pictures, images, text, article, organization, graphics, design, compilation, translation, digital conversion or other matters related to the Website or related services are owned by Cooktown or its licensors and are protected under all applicable copyrights, trademarks, patent and other intellectual property rights which may exist now or in the future. Any copying, distribution, use or publication by you of any content or any part of the Website or related services, except allowed in the “Scope of Authorized Use” section, is strictly prohibited. You do not acquire ownership rights to any content, data, document or other materials from accessing to or using the Website or related services.
• Cooktown or its group of companies do not grant you any right, whether express or implied, to use their names, trademarks, trade names or logos.
• When you post the Submitted Content to the Website or related services, you authorize and direct Cooktown or its agent to make such copies thereof as they deem necessary in order to facilitate the posting and storage of the Submitted Content on the Website or related services. By posting your Submitted Content to any part of the Website, you automatically grant Cooktown and the Users of the Website or related services a royalty-free, irrevocable, perpetual, non-exclusive licence for any reasonable uses of the Submitted Content.
• You may remove the Submitted Content from the Website or related services at any time, and the licence granted will automatically expire upon such removal.
• However, you acknowledge that Cooktown, its group of companies or their agents may retain archived copies of your Submitted Content and you authorize Cooktown, its group of companies or their agent to make and retain such archived copies even the licence granted has expired. Subject to the terms and conditions in the agreement, you retain full ownership of all of your Submitted Content and all of the associated intellectual property rights.

Personal login, Password and Security

• You must fill in your personal login (sign in with email address and username) or passwords upon completing the on-line registration. You can request to change your password from time to time (through the Website or other means) if necessary. You are responsible for maintaining the confidentiality of the said personal login and passwords, and are fully responsible for all activities that occur under your personal login and password. You agree to:
• immediately notify Cooktown of any unauthorized use of your login or password or any other breach of security; and
• ensure that you exit from your personal login or password at the end of each visit to the Websites. Cooktown cannot and will not be liable for any loss or damage arising from your failure to comply with Articles 5 hereof or your use of any digital or electronic certificates in connection with the services.
• You acknowledge that the said password and PIN are confidential and must not disclose them to any other person(s) under any circumstances. Any words, action or conduct whether intentional or unintentional, by you breaching that confidentiality shall render you liable to us for all losses and damages thereby caused. You shall take all necessary precautions to maintain the confidentiality of the said password and PIN. You hereby agree and acknowledge that the use of the services by any person whatsoever (whether authorized by you or not) with the password and PIN shall constitute and be deemed the use of the services by you. You shall notify us immediately of any actual or possible unauthorized use of the password and PIN and shall confirm the same in writing to us immediately. Until we has received such written confirmation, you shall have no claim against us and shall be liable to us for all losses and damages suffered by us in respect of any use of the services whether authorized by you or not.

Hyperlinks

• The Website or related services contain links or browsing indexes to other websites (the "Linked Websites"), but the Linked Websites are not controlled by Cooktown. Cooktown, its group of companies, and their sub-contractors, directors and employers shall not be responsible for the content, accuracy or opinions expressed in the Linked Websites or any hyperlinks in the Linked Websites.
• The hyperlinks are for your convenience only. The inclusion of hyperlinks does not represent, express or implied, any approval or endorsement of the Linked Websites or its goods or services by Cooktown, its group of companies or the associates. If you connect to any of the Linked Websites, you do so at your own risk.
• Cooktown does not monitor any representations in the Linked Websites in relation to any promotions, or the quality, safety or legality of the goods or services offered for sale. The responsibilities of any materials in the Linked Websites (including product information and prices) shall be with the operators of the Linked Websites. Any information stated in the Linked Websites can be amended by the operators without further notice. Cooktown, its group of companies or the associates shall not be responsible for the price or any changes of price (including the changes of price which have not yet reflected at the Linked Websites). Any transactions or businesses between the Linked Websites and you shall be at your own risk. Cooktown is not a party to any transactions between the Linked Websites and you.

Disclaimers

• You expressly understand and agree that you use the Website or related services at your own risk. All information and materials are provided "As Is" and "As Available" without any warranty of any kind. To the fullest extent legally permissible, Cooktown disclaims any warranties (whether express or implied) regarding any matter whatsoever relating to the Website or related services, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. In no event will Cooktown be liable for any indirect, special, incidental, or consequential damages arising out of the use of the Website or related services and the content, data or information contained in the Website or related services.

Cooktown does not warrant that:

• the Website or related services will satisfy your requirements;
• the Website or related services will be uninterrupted, current, safe and error free;
• the content, information and data contained in the Website or related services are accurate and reliable; and
• the content, information and data contained in the Website or related services are within your expectation.
• You should always make your own back-up copies for any materials that you intend to upload or post onto the Website or related services. Cooktown shall not be liable for any loss of data arising from failure to properly save any information in the course of uploading, downloading or transmission, and for any problems, viruses, Trojan horse virus or the like arising from the process of uploading, downloading or transmission.

Indemnity

• You hereby waive and agree to indemnify, defend, and hold harmless Cooktiwn, its groups of companies and their respective directors, employees, agents and subcontractors ("Indemnities") from any liability, damage, loss, or expense (including reasonable attorneys' fees and expenses of litigation) incurred by or imposed upon the Indemnities or any one of them in connection with any claims, suits, actions, demands, or judgments arising out of or connected with the contravention of this agreement, except to the extent that such liability is due to the negligence of Cooktown.
• Cooktown may, in its sole discretion and without further notice, modify of delete any of the content, data, functionality, presentation or information of the Website or related services. Cooktown will not be responsible for any effects such modification or deletion may incur on you or your use of the Website or related services.
• Cooktown reserves the right, without prior notice, to make changes to this agreement or the Privacy Policy as Cooktown deems fit, which shall take immediate effect. You undertake and agree to constantly reviewing the terms and conditions and the Privacy Policy published at the Website. Continued use of the Website and/or the related services after the modifications shall constitute your acceptance to the new terms.

Assignment

• The right to access and use the Website or related services granted to you under the agreement (including the particular username and password), are non-transferable.
• Cooktown may assign its interest in the Website or related services, and any benefits and obligations under the agreement without further notice at its own discretion.

Termination

• The terms and conditions shall be effective until termination.
• Cooktown may at any time and without any notice (i) terminate the agreement, (ii) terminate the right to access to the Website, the related services and other services, and/or (iii) suspend or cancel your registration qualification. Upon termination of the agreement, you shall not be authorized to access the Website and/or the related services.
• Any restrictions imposed on you, disclaimers and limitations of liability stated in the agreement shall survive after the closure of the Website.

Waiver

• No forbearance or delay by Cooktown in enforcing its rights will prejudice or restrict any of the rights of Cooktown, and no waiver of such rights or any of your breach of any contractual terms granted by Cooktown will be deemed to be a waiver of any other rights or of any of your later breach granted by Cooktown.

Severability

If any provision of the agreement shall be found by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of the agreement which shall remain in full force and effect.

Governing Law and Jurisdiction

This Agreement shall be construed and governed in accordance with the laws of the Hong Kong Special Administrative Region, excluding all “conflict-of-law” principles that would cause the application of the laws of any other jurisdiction. You hereby submit to the non-exclusive jurisdiction of the courts of HKSAR.

Please report any violations of the terms and conditions to our customer service department.