Website Supplier means www.ProOptimal.Net
Buyer means the individual or organisation who buys or agrees to buy the Services from the Supplier.
Contract means the contract between the Supplier and the Buyer for the provision of Services incorporating these Terms and Conditions. Services means the services that the Buyer agrees to buy from the Supplier.
Website means www.ProOptimal.Net
These Terms and Conditions shall NOT affect the Buyers statutory rights as a Consumer.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be only be applicable if agreed in writing by the Supplier.
These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
Rights of supplier
The Supplier reserves the right to periodically update prices on the Website, and these prices cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
The Supplier reserves the right to withdraw the Services from the Website at any time. The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.
The Buyer has the right to cancel the Contract, with the giving of no notice, at any time after the Contract was made. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost. This is not applicable to the 60 day full refund guarantee period, in which the Buyer can cancel at anytime within the first 60 days and receive a full refund.
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Suppliers agents or employees.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
Changes to terms and conditions
The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
Any renewal of the Services will be subject to the Suppliers then current Terms and Conditions.
Terms and Conditions of Use
Acceptance of Terms
The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, classifieds, forums and/or other message or communication facilities ("the Services") designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only. Your access to and use of www.ProOptimal.Net ("the Website") and the Services outlined, are subject exclusively to these Terms and Conditions. Medream Limited, Rm 702 7/F Bangkok Bank Bldg, No 18 Bonham Strand West, Central Hong Kong is the parent company of ProOptimal.Net.
You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.
We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
You agree to comply with all applicable laws regarding the transmission of technical data exported from Hong Kong or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
Links to third party Websites
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to content that is offensive and/or indecent. We will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
In using the Website/Services you agree not to.
1. Use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise.
2. Post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful.
3. Post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise.
4. Threaten abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others.
5. Violate any applicable laws or regulations.
6. Use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other partys use and enjoyment of the Website/Services.
7. Post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement)
8. Attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or similar.
9. Use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party.
10. Make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another.
11. Collect or store personal information about others, including email addresses.
12. Advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages.
13. Impersonate any person or entity for the purpose of misleading others.
We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at its sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
User Account, Password and Security
You will be required to complete the registration process by providing certain information and registering a username and password for use with the Services. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your account.
You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will the company be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another persons account at any time, without the express permission of the account holder.
The Website and its content
(including without limitation the Website
design, text, graphics and all software and
source codes connected with the Website and the
Services) are protected by copyright, trade
marks, patents and other intellectual property
rights and laws.
In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes any downloading, copying and printing of pages of the Website for personal, non-commercial home use only.
We do not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at its sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.
You agree to indemnify and hold us and our employees and agents harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against the company by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by us in consequence of your breach of these Terms and Conditions.
Disclaimers and Limitation of Liability
Use of the Website/Services is at your own risk. The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, we will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
We make no warranty that the Website/Services will meet your requirements, that the Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else that may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of us for death or personal injury as a result of the negligence of us or that of its employees or agents. Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
These Terms and Conditions shall be governed by and construed in accordance with the law of Hong Kong and you hereby submit to the exclusive jurisdiction of the Hong Kong courts.