Terms & Conditions
Access to and use of the content on web site http://www.tds.org.hk (“Web Site”) is provided by The Dining Society (“TDS”) and are subject to the following terms and conditions. You agree that the use of the Web Site constitutes your acceptance of these terms and conditions, which take effect on the date when you first use the Web Site. TDS reserves the right to change these terms and conditions at any time by posting the changes online and you are advised to visit this page periodically to review the terms and conditions since they are binding on you. Your continued use of the Web Site after the changes are posted constitutes acceptance of this agreement as modified by the posted changes. The terms “You”, “User” and “Users” herein refer to all individuals and/or entities accessing and/or using the Web Site at any time for any reason or any purpose.
1. Web Site Use
The User agrees to use the Web Site only for lawful purposes, and in a manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of the Web Site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful or which may harass or cause distress or inconvenience to any person, and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Web Site.
The User shall not use the Web Site to infringe the intellectual property rights of others.
The User shall not use the Web Site to transmit, publish, upload, post, circulate or store any material which is unlawful, harmful, threatening, harassing, tortious, defamatory, obscene, libelous or is otherwise offensive or objectionable.
The User shall not use any tool, software or programme or otherwise to disturb the normal operation of the server of the Web Site.
The User shall not purposefully or designedly overload the system of the Web Site.
The User shall not transmit any computer virus or any damaging programme to the Web Site and to its members.
2. Warranties and Liability
The Web Site and the information provided therein are provided on an “AS IS” basis without warranties of any kind, express or implied, to the fullest extent permitted by law.
TDS disclaims all warranties, whether express or implied, including any warranties of merchantability, availability of featured products or services, fitness for particular purpose and non-infringement.
TDS makes no warranties about the accuracy, reliability, completeness or timeliness of the materials, contents or information on the Web Site.
TDS assumes no liability or responsibility for any errors or omissions in the contents of the Web Site or for the deletion, misdelivery or failure to store any user communications or personalisation settings.
TDS does not warrant that the Web Site is or will be at any time error-free, that the Web Site and its server is or will be at any time free of computer viruses or other harmful mechanisms, that any defects will be corrected, or that the operation of the Web Site will be uninterrupted, timely or secure. If your use of the Web Site, the merchandise or the materials results in the need for servicing or replacing equipment or data, TDS is not responsible for those costs.
All users use TDS’s Web Site and any other web sites accessed through it, at entirely their own risk. All users are responsible for their own communications and are responsible for the consequences of their posting. TDS 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 materials posted by other users will be at their own risk. TDS reserves the right to expel any user and prevent their further access to TDS’s Web Site, at any time for breaching this Agreement or violating the law and also reserves the right to remove any message or material from the Web Site that, in its sole discretion, TDS deems unacceptable, abusive, illegal or disruptive.
TDS’s Web Site may contain links to third-party web site. These are provided solely as a convenience to the user and not in any way as an endorsement by the TDS of the contents on such third-party web site. If any user accesses any linked third-party web site, they do so entirely at their own risk. TDS is not responsible for the content of any third-party web site linked to its Web Site and does not make any representations or warranties regarding the contents or accuracy of materials on such third-party web site. Further, any materials or details posted in the TDS Web Site by any user may be viewed by users of other web sites linked to TDS’s Web Site and TDS will not be responsible for any improper use by any user or third party from linked third-party web sites of any data or materials posted on the TDS’s Web Site.
In no event shall TDS, or any third parties mentioned on the Web Site assume responsibility or be liable (to the extent permitted by law) for any damages or injury whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Web Site, the merchandise and the materials, or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation loss of data of compatibility problems), theft, destruction or alteration of the Web Site, whether for breach of contract, tortious behaviour, negligence or, under any other cause of action resulting directly or indirectly from any use of the Web Site, or any uploading, downloading or publication of data, text, image or other material or information to or from the Web Site and whether or not TDS is advised of the possibility of such damages.
3. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that TDS is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of the advertisers on the Web Site.
If any information provided by the user is inaccurate, in breach of laws or contain indecent elements, the TDS will instantly abrogate the user’s account without notice and TDS reserves the right to take such action as the TDS considers appropriate, desirable or necessary including but not limited to take legal actions against such user.
TDS reserves the right at all times to immediately terminate or suspend user’s account or user’s access to the Web Site or the services provided by TDS without notice where TDS of the opinion that the user has breached any of the terms contained in this agreement or to take further action as the TDS considers appropriate, desirable or necessary.
TDS reserves the final right and absolute discretion to decide whether the user has breached any terms of this agreement.
If any one or more of these Terms and Conditions, or their application in any circumstance, is held invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of that term or condition in any other respect and the remaining Terms and Conditions shall not in any way be impaired.
No failure or delay on our part to exercise any right or remedy under these terms and conditions is to be construed or operate as a waiver, nor does any single or partial exercise of any right or remedy by us preclude the further exercise of that right or remedy by us.
We may assign at any time any or all of the rights and obligations contained in these terms and conditions to any party.
These terms and conditions and any dispute or matter arising from or incidental to your use of TDS’s Web Site shall be governed by the laws of the Hong Kong Special Administrative Region and both you and TDS agree to submit to the jurisdiction of the courts of the Hong Kong Special Administrative Region.