OutStreet Terms and Conditions (April 2015 version)

Welcome to the OutStreet, an online directory of places and events in Hong Kong provided by OutStreet Limited ("OutStreet"). In order to use OutStreet's website and mobile app service (collectively referred to as the "Sites"), users must agree these Terms and Conditions of Service ("Terms and Conditions"). By using the Sites, users acknowledge and agree that the Terms and Conditions are binding upon them. OutStreet reserves the right, at its own discretion, to revise the Terms and Conditions at any time without prior notice. Once posted on the Sites, the revised Terms and Conditions shall apply to all users. A user's continued usage of the Sites shall constitute acceptance of all changes in Terms and Conditions. IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP ACCESSING THE SITES.

OutStreet provides the Sites for users to find places and events in Hong Kong and for merchants to list and market the services or products they offer. OutStreet has the sole discretion on which merchants and events it chooses to list in its directory. The terms "User" and "Users" refer to all individuals and/or entities accessing the Sites at any time for any reason or purpose.

Acceptable uses of the Sites


Prohibited users of the Sites
All of the following are prohibited actions for Users using OutStreet's Sites. OutStreet reserves the right to pursue legal action for breach of any of the following terms:

Intellectual Property Rights
All contents of the Site, including but not limited to the text, images, information, comments, layout, database, graphics, photos, pictures, sounds or audio formats, software, brands and HTML are the intellectual properties of OutStreet or the Users (in selective cases) which are protected by applicable copyright and trademark laws and may not be downloaded or otherwise duplicated without the express written permission of the OutStreet or the relevant Users. Re-use of any of the foregoing is strictly prohibited and OutStreet reserves all its rights. Any use of any of such content other than those permitted under the Terms and Conditions is strictly prohibited and OutStreet reserves all its rights in this respect.

Contents and Materials
If you believe that any content posted on the Sites constitutes copyright infringement or any other legal infringements, kindly notify OutStreet via email (info@outstreet.com.hk) or mail (Unit 903, 118 Connaught Road West, Western District, Hong Kong). Kindly allow 3-5 business days for OutStreet to investigate the claim and to remove content from the Sites accordingly.

Responsibility
WHILST ENDEAVOURING TO PROVIDE QUALITY SERVICE TO ALL USERS, OUTSTREET DOES NOT WARRANT THAT THE CHANNELS WILL OPERATE ERROR-FREE OR THAT THE CHANNELS AND THEIR SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS. IF USE OF THE CHANNELS OR THEIR CONTENTS RESULT IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA BY ANY USER, THE COMPANY SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THE CHANNELS AND THEIR 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 IN RESPECT OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, OR ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENTS, SERVICES, TEXT, GRAPHICS AND LINKS OF THE CHANNELS.
Users acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. Users acknowledge that due to circumstances both within and outside of our control, Site access may be interrupted, suspended or terminated. OutStreet retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.

Indemnity


Disclaimer
The Company does not have control over and does not guarantee the truth or accuracy of listings of any Materials posted on the Channels or any content on third party web sites and/or media platforms and/or applications accessed via the Channels.
IN ANY EVENT, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, REPRSENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS AND SUCCESSORS SHALL NOT BE LIABLE FOR ANY LOSSES, CLAIMS OR DAMAGES SUFFERED BY ANY USER WHATSOEVER AND HOWSOEVER ARISING OR RESULTING FROM HIS/HER/ITS USE OR INABILITY TO USE THE SITES AND THEIR CONTENTS, INCLUDING NEGLIGENCE AND DISPUTES BETWEEN ANY PARTIES. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.

Limitation of Liability


Security Measures


Severability
The provisions of the Terms and Conditions shall be enforceable independently of each other and the validity of each provision shall not be affected if any of the others is invalid. In the event any provision of the Terms and Conditions is determined to be illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions of the Terms and Conditions shall not be affected and, in lieu of such illegal, invalid, or unenforceable 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.

Governing Law and Dispute Resolutions
The Terms and Conditions and any dispute or matter arising from or incidental to the use of the Sites shall be governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China, unless otherwise specified. 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:
In the event of any breach of the Terms and Conditions by any one party, the other party shall be entitled to remedies in law and equity as determined by arbitration.

For inquiries, please email our team at info@outstreet.com.hk