Terms And Conditions
1.1 You are reading a legal document which is the agreement between you, the Customer (whom we refer to as "you", "your" or the "Customer" in this document) and us. We are Go N Live Limited. We are a company with our registered office at Room 1101-3, 11 / F Hang Seng North Point Building, 339-341 King's Road, North Point, HK (and we refer to ourselves as "Go N Live", "Go N Live Limited" , "GNL", "GNL Storage", "WE" or "US" or "Our" in this document).
1.2 Please Read this Agreement carefully. By Accessing Our website, using Our service, or Signing Our Contract, you are agreeing to the terms and Conditions That Appear Below ( All of Which are Called the "Agreement"). This Agreement is made BETWEEN you and US
1.3 We Reserve the right to Amend THESE terms and Conditions at any time and it is your Responsibility to Review THESE terms and Conditions on each occasion you Use Our service. All amendments to these terms and conditions will be posted on-line. You may terminate this Agreement by written notice to us by email to firstname.lastname@example.org if you do not wish to be bound by such new terms and Conditions HOWEVER, continued Use of the Service Will be deemed to constitute Acceptance of the new terms and Conditions.
1.4 Your Statutory rights: As a Consumer, nothing in this Agreement Affects your non-excludable Statutory rights.
2.1 In this Agreement, WE Use Various defined terms. You will recognise them Because THEY are defined and begin with a Capital Letter. This is What THEY Mean
2.1.1 "Breach of Duty" is defined in clause 10.9.2
2.1. 2. "Liability" is defined in clause 10.9.1
2.1.3 "Merchant" means a third party Seller of Goods and Services
2.1.4 "Microsite" means an Auxiliary site to Our main website.
2.1.5 "Purchase" means the Purchase of a service, or Services, or Goods Provided by US
2.1.6 "Register" means "create an account on the Website or through the Website" (and "Registration" means the Action of Creating an account) whether by US or by you.
2.1.7 "Services " means All or any of the Services Provided by Go N Live via Our Website, or other means.
2.1.8 "Website" means the www.gnlstorage.com website and any Microsite
2.1.9 "Deposit" the amount specified in Part 3 Our Agreement document
2.1.10 "Due Date" Date specified in the Agreement BETWEEN you and the US, and thereafter on the Corresponding Date each period specified in this Agreement, or in each Case on the Previous Business Day if the Due Date falls on a Saturday, Sunday or public Holiday
2.1.11 "Agreement Commencement Date" means the Start Date specified in this Agreement
2.1.12 "Agreement End Date" means the Date specified in this Agreement (if any) or the Date of termination of this Agreement in Accordance with clause 8
2.1.13 "The Service Fees" means the amount specified in this Agreement (Which does not include Insurance). Also Referred to as "Membership Fees", "Membership Subscription", "Subscription Price", "License Price "and" Fees. ")
2.1.14 "Prompt Payment" means in Respect of payment of each and every SUM Due under this Agreement, payment on the Due Date and in Respect of any SUM being under any other Agreement Due BETWEEN You and US , Within Seven days of payment being demanded in Writing That SUM.
2.1.15 "Defined Hours" means Working Hours as Determined by US. We Reserve the right to change Working Hours Without Giving any Prior Notice.
2.1.16 "Goods" means the goods stored by us for you.
3. GENERAL DELINQUENCY ABOUT THIS WEBSITE AND THE SERVICE
3.1 Applicability of THESE terms and Conditions: Use by you of the Service and the Website and any Purchase are each subject to the terms and Conditions set out in this Agreement.
3.2 Age: To Use the service and make any Purchase, you MUST be 18 years of age or over.
3.3 Place:. The Website and the Service and any Purchase are directed solely at Those who Access the Website or Service from Hong Kong SAR We make no representation That the Service (or any goods or services) are available or otherwise suitable for use outside of Hong Kong SAR. If you choose to access the Website (or use the Service or make a Purchase) from locations outside Hong Kong, you do so on your own initiative and are Responsible for the Consequences and All for compliance with applicable Laws.
3.4 Scope: The Website, Service and any Purchase are for your non-Commercial, Personal Use only and MUST not be Used for Business purposes For the avoidance of Doubt, scraping. of the Website (and hacking of the Website) is not allowed.
3.5 Prevention on Use:. We Reserve the right to Prevent you using the Website and the Service (or any Part of Them) and to Prevent you from making any Purchase
3.6 Equipment :. The Service and use of the Website and the making of any Purchase does not include the provision of a computer or other necessary equipment to access the Website or the Service or to make any Purchase We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.
4. REGISTRATION AND ACCOUNTS
4.1 Why Register: You do not Need to Register HOWEVER, you MUST Register in Order to make Use of Our Services We Reserve the right to Decline a new Registration or to cancel an Existing Registration at any time.. .
4.3 Passwords: Once you Finish Registration, we may allocate a password to you and your account. You must keep the password confidential and immediately notify us if any authorized third party becomes aware of that password or if there is any unauthorized use of your email address or any breach of security known to you. You agree that any person to whom your user name, account number or password is disclosed is authorized to act as your agent for the purposes of using (and / or transacting via) the Service and Website. Please note that you are entirely Responsible if you do not Maintain the Confidentiality of your password.
4.4 Valid Email Addresses: All Accounts MUST be Registered with a Valid Email address That you have Personal Access Regularly so That, Among other Things, Moderation emails CAN be sent to you. Any Accounts Which have Been Registered with someone else's Email address or with temporary Email Addresses May be Closed without Notice. We May require Users to Re-Validate Their Accounts if WE Believe THEY have Been using an invalid Email address..
4.5 Closing Accounts: We Reserve the right to Close Accounts if any user is Seen to be using proxy IPs (Internet Protocol Addresses) in Order to attempt to hide the Use of Multiple Registration Accounts, or disrupts the Website or the Service in any Way.
4.6 Multiple logons: If you Use Multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
5. STORAGE OF GOODS
5.1 So Long as the Service Fees are paid up to Date, WE Will Provide Services to you (BUT no other person)
5.1.1 to Store your Goods
5.1.2 to have Access to your Stored Goods During Defined Hours
5.1.3 to Provide Access Outside of Defined Hours only through Mutual Agreement
5.2 Only you and persons Authorised in Writing or accompanied by you Will be granted Access to your Goods. You are Responsible for the Actions of anyone That you authorise to Access your Goods. We may ask for proof of identity at any time from you or any other person at any time, and we may refuse access to your Goods to any persons who is unable to provide satisfactory proof of identity. We may refuse You access at any time if WE Consider in Our Reasonable discretion That the Safety of any person, or the Security of the Goods ITS contents, or other Goods or Their contents Will be put at Risk.
5.3 You Will permit US and Our Agents and contractors to Access the Goods: -
. 5.3.1 if WE Give You not less than Seven days' Notice so That WE May inspect the Goods
. 5.3.2 if WE Reasonably Believe That the Goods contains any items DESCRIBED in Section 5.6;
. 5.3.3 if WE are required to do so by the Police, Fire Services, Local Authority or by a Court Order;
. 5.3.4 for any Purpose Including That WE Believe in Section 5.3 if it is Necessary in an Emergency;.
. 5.3.5 to Obtain Access in Accordance with Section 17;
. 5.3.6 to Prevent Damage or injury to persons or Property; or
. 5.3.7 for the Purpose of Checking WHETHER the Goods contains any items DESCRIBED in Section 5.6 or if WE Reasonably Consider That SUCH Access is Necessary to ascertain WHETHER Action Needs to be taken to Prevent Damage or injury to persons or Property.
5.4 You confirm That throughout this Agreement, the Goods Stored with US from time to time are Your Own Property or That the person who owns or HAS an Interest in Them has Given you irrevocable Authority to Store the Goods with US on the terms and Conditions in this Agreement and That You act as a Duly Authorised agent of any SUCH person. You Will Pay Costs WE incur any Claims Against US made if this is not true.
5.5 We may refuse to permit You to store any Goods or require You to collect any Goods from us if in our reasonable opinion the safety of any person on the Site, or the security of the Site or its contents, or other Goods or their contents would be put at Risk by the storage or continued storage of any SUCH Goods.
5.6 You MUST not Store (and You MUST not allow any other person to Store) with any of the Following your Goods: -
5.6.1 Food or perishable Goods;.
. 5.6.2 Birds, fish, or any other Living Creatures Animals;
. 5.6.3 Materials or combustible or FLAMMABLE SUCH as Gas Liquids, Paint, Petrol, Oil or Cleaning Solvents;
. 5.6.4 firearms, Explosives, Weapons or Ammunition;
. 5.6.5 Chemicals, Radioactive Materials, Biological Agents;
. 5.6.6 toxic Waste, Asbestos or other Materials of a Potentially Dangerous Nature;
. 5.6.7 any Item Which emits any fumes, smell or of chipping &;
. 5.6.8 any Illegal Substances, Illegal items or Goods illegally Obtained;
. 5.6.9 Compressed Gases.
6. YOUR obligations
6.1 Merchant terms: Merchants Will have Their Own applicable terms and Conditions, in relation to supply of Their Own Goods and Services, and you agree to (and shall) Abide by Those terms and Conditions. The Responsibility to do so is Yours alone.
6.2 Accurate information: You warrant that all information provided on Registration and contained as part of your account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.
6.3 Content on the Website and Service: It is your Responsibility to Ensure That any Products, Services or information available through the Website or the Service Meet your specific requirements.
6.4 Things you cannot do: Without limitation, you undertake not to use or permit anyone else to use the Service or Website:
6.4.1 to Send or receive any Material Which is not Civil or Tasteful;
6.4.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
6.4.3 to Send or receive any Material for Which you have not obtained all necessary licenses and / or approvals (from us or third parties), or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any Country in the World;
6.4.4 to Send or receive any Material Which is Technically Harmful (Including Computer viruses, Logic Bombs, Trojan Horses, worms, Harmful Components, corrupted Data or other Malicious Software or Harmful Data) ;
6.4.5 to cause annoyance, inconvenience or Needless anxiety;
6.4.6 to intercept or attempt to intercept any Communications Transmitted by Way of a Telecommunications system;
6.4.7 for a purpose other than which we have designed them or intended them to be used;
6.4.8 for any fraudulent Purpose;
6.4.9 other than in conformance with accepted Internet Practices and Practices of any connected Networks; or
6.4.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
6.5 Forbidden uses: The Following uses of the Service (and Website) are EXPRESSLY Prohibited and you undertake not to do (or to permit anyone else to do) any of the Following :
6.5.1 resale of the Service (or Website);
6.5.2 furnishing false Data Including false names, Addresses and contact details and fraudulent Use of Credit / debit Card numbers;
6.5.3 attempting to circumvent Our Security or Network Including Accessing Data not Intended for you, logging into a Server or account you are not EXPRESSLY authorized to Access, or probing the Security of other Networks (SUCH as running a port Scan);
6.5.4 Accessing the Service (or Website) in SUCH a Way as to, or commit any act That Would or does, Impose an Unreasonable or disproportionately large load on Our Infrastructure;
6.5.5 executing any form of network monitoring which will intercept data not intended for you;
6.5.6 sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
6.5.7 Creating or forwarding "chain Letters" or other " Pyramid schemes "of any type, WHETHER or not the Recipient Wishes to receive SUCH Mailings;
6.5.8 sending Malicious Email, Including flooding a user or site with very large or Numerous emails;
6.5.9 entering into fraudulent interactions or transactions with us or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
6.5.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
6.5.11 Unauthorized Use, or forging, of mail header information;
6.5.12 Engage in any unlawful Activity in Connection with the Use of the Website and / or the Service or any Voucher; or
6.5.13 engage in any conduct which restricts or inhibits any other customer from properly using or enjoying the Website and Service.
6.6 This Agreement is personal to You. You may not transfer this Agreement, to any other person, firm or company and a breach of this Condition is a serious breach under this Agreement.
6.7 Where You are Two or More persons Your obligations under this Agreement shall be obligations of each of You Jointly and separately.
7. RULES ABOUT USE OF THE SERVICE AND THE WEBSITE
7.1 We Will Use Reasonable Actions to correct any errors or omissions as Soon as practicable after being Notified of Same. HOWEVER, WE do not Guarantee That the Service or the Website Will be Free of Faults and WE do not accept Liability for any errors or omissions. In the Event of an Error or Fault, you SHOULD report it to email@example.com
7.2 We do not warrant that your use of the Service or the Website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Service or the Website will be transmitted accurately, reliably, in a timely manner or at all.
7.3 We do not Give any warranty That the Service or the Website is Free from viruses or Anything else Which May have a Harmful Effect on any Technology.
7.4 Also, although WE Will try to allow Uninterrupted Access to the Service and the Website, Access to the Service and the Website May be Suspended, restricted or terminated at any time.
7.5 We reserve the right to change, modify, substitute, suspend or remove without notice any information or service on the Website or forming part of the Service from time to time. Your access to the Website and/or the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds). For the avoidance of doubt, we may also withdraw any information from the Website or Service at any time.
7.6 We Reserve the right to Block Access to and / or to edit or remove any Material Which in our reasonable opinion may give rise to a breach of any of this Agreement.
8. SUSPENSION AND TERMINATION
8.1 If you Use (or anyone other than you with your permission uses) the Website or Service in contravention of this Agreement, WE May suspend your Use of the Service and / or Website (in Whole or in Part).
8.2 If WE suspend the Service or Website, WE May refuse to Restore the Service or Website until WE receive an Assurance from you, in a form WE deem Acceptable That Will there be no Further Breach of the Provisions of this Agreement.
8.3 Go N Live shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone in breach of this Agreement.
8.4 Without Limitation to Anything else in this Clause 8, WE shall be entitled at any time or Immediately (in Whole or in Part) to:
i) suspend the Service and / or Website;
ii) suspend your Use of the Service and / or Website;
iii) suspend the Use of the Service and / or Website for persons WE Believe to be connected (in Whatever Manner) to you; and / or
iv) Immediately terminate this Agreement if:
8.4.1 you commit any Breach of this Agreement;
8.4.2 WE Suspect, on Reasonable grounds, That you have, Might or Will commit a Breach of THESE terms; or
8.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any other person.
8.5 Our rights to terminate this Agreement shall not prejudice any other right or Remedy WE May have in Respect of any Breach or any rights, obligations or Liabilities Accrued Prior to termination.
8.6 Either You or WE May terminate this Licence as Follows: -
8.6.1 by Giving at Least Fourteen days' written Notice to the other and termination Will Take Effect from That Date, Which shall be the Agreement End Date; or
8.6.2 if WE commit a Breach of this Licence, Which WE do not put right Within 14 days of You Notifying US of it then You May Immediately terminate this Agreement.
8.6 .3 If You Breach this Licence and do not put That Breach right Within 14 days of US Notifying You of it then WE May Immediately terminate this Licence.
8.7. On or before the Agreement End Date, You MUST Arrange for Goods to be delivered to you. If You do not do so, You shall Pay Our Reasonable Costs for continued storage of Your Goods. We May Treat Goods Remaining in Our possession after the Agreement End Date as Abandoned and May Dispose of Them in Accordance with Condition 17.
8.8 Where this Agreement has terminated and You have paid more of the Service Fees and charges than are due at the End Date, we will refund the balance to You after deduction of any payments due to us. Where any payments are still outstanding from You, You must pay us in full before we will release the Goods to You.
9.1 You shall indemnify us against each loss, liability or cost incurred by us arising out of:
9.1.1 any claims or legal proceedings which are brought or threatened against us by any person arising from:
i) your Use of the Service or Website;
ii) Use of the Service or the Website through your password; or
9.1.2 any Breach of this Agreement by you.
10. STANDARDS AND LIMITATION OF LIABILITY
10.1 We Warrant That:
10.1.1 WE Will exercise Reasonable care and skill in Performing any obligation under this Agreement, and
10.1.2 we have the right to sell Services and that Services are of satisfactory quality and fit for their purpose
10.2 This Clause 10 (and Clause 1.4) prevails over all other Clauses of this Agreement and sets forth our entire Liability, and your sole and exclusive remedies in respect of:
10.2.1 the Performance, non-Performance, purported Performance or delay in Performance by US of this Agreement (Including in relation to the Website or Service Supplied by US); or
10.2.2 otherwise in relation to this Agreement or the Entering into or Performance of this Agreement.
10.3 Nothing in this Agreement shall exclude or limit Our Liability for
(ii) Personal injury or Death Caused by Our Breach of Duty;
(iii) any Breach of the Statutory Consumer Guarantees Relating to the supply of Goods and / or Services; or
(iv) any other Liability which cannot be excluded or limited by applicable law (including, without limitation liability pursuant to Clause 1.4)
10.4 Save as provided in Clause 10.3, we do not warrant and we exclude all Liability in respect of:
10.4.1 the Accuracy, Completeness, fitness for Purpose or Legality of any information accessed using the Service or Website or otherwise; and
10.4.2 the Transmission or the Reception of or the failure to transmit or to receive any Material of Whatever Nature; and
10.4.3 your use of any information or materials on the Website (which is entirely at your own risk and it is your responsibility);
10.5 Save as provided in Clause 10.3 but subject to Clause 10.6, we do not accept and hereby exclude any Liability for loss of or damage to your (or any person’s) tangible property other than that caused by our Breach of Duty.
10.6 Save as provided in Clause 10.3 but subject to Clauses 10.4.3 and 10.8, our Liability for loss of or damage to your (or another person’s) tangible property caused by us, our employees, subcontractors or agents acting within the course of their employment during the performance of this Agreement, shall not exceed HKD$500. Neither corruption of data nor loss of data shall constitute physical damage to property for the purposes of this Clause 10.6.
10.8 Save as Provided in Clause 10.3, WE shall have no Liability for:
10.8.1 Loss of Revenue;
10.8.2 Loss of Actual or ANTICIPATED Profits;
10.8.3 Loss of Contracts;
10.8.4 Loss of the Use of Money;
10.8.5 Loss of ANTICIPATED Savings;
10.8 .6 Loss of Business;
10.8.7 Loss of Opportunity;
10.8.8 Loss of Goodwill;
10.8.9 Loss of Reputation;
10.8.10 Loss of, Damage to or Corruption of Data; or
10.8.11 any indirect or consequential loss; and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, Clauses 10.8.1 to 10.8.10 apply whether such losses are direct, indirect, consequential or otherwise.
10.9 In this Clause 10:
10.9. 1 "Liability" means liability in or for breach of contract, Breach of Duty, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including, without limitation, liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any clause of this Agreement; and
10.9.2 "Breach of Duty" means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
12.1 We may place advertisements in different locations on the Website and at different points during your use of the Service. These locations and points may change from time to time. We will always clearly mark distinguish third party advertisements for goods and services from the goods and/or services which are the subject of Go N Live Limited and will be supplied by Go N Live Limited.
12.2 You are Free to select or Click on Goods and Services Advertised as you See fit or not.
12.3 Any Advertisements May be delivered on Our behalf by a third party Advertising Company.
12.4 No personal data (for example your name, address, email address or telephone number) will be used if you click on any advertising links on the Website on promotional emails. However, on our behalf, a third-party advertiser or affiliate may place or recognise a unique "cookie" on your browser.
13. LINKS TO AND FROM OTHER WEBSITES
13.1 Where the Website contains links to third party sites and to resources provided by third parties (together "Other Sites"), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over and do not accept and we assume no responsibility for Other Sites or for the content or products or services of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk.
13.2 This www.gnlstorage.com website May make available Access to Microsites and if it does, it may do so within or otherwise through external hyperlinks.
14. Intellectual PROPERTY RIGHTS
14.1 All intellectual property rights (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trade marks, service marks, trade names and/or designs (including the "look and feel" and other visual or non-literal elements)) (whether registered or unregistered) in (a) the Website and Service, (b) (subject to Clause 14.4) information content on the Website or accessed as part of the Service, (c) any database operated by us and (d) all the website design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) are owned by us or licensed to us. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
14.2 None of the material listed in Clause 14.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen (including any tablet or smartphone device), store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website or accessed as part of the Service without our permission.
14.3 All rights (including goodwill and, where relevant, trade marks) in the Go N Live Limited name are owned by us or licensed to us. Other product and company names mentioned on the Website are the trade marks or registered trade marks of third parties.
14.4 Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. Subject to the limited rights described in Clause 14.2, this Agreement gives you no rights to such content.
14.5 The authors of the literary and artistic works in the pages in the Website have asserted their moral rights to be identified as the author of those works.
14.6 Any material you transmit, post or submit to us either through the Website or otherwise ("Material") shall be considered (and we may treat it as) non-confidential (subject to our obligations under data protection legislation). You grant us a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, modify, adapt, translate, publish and distribute world-wide any Material (other than Ideas).
14.7 All comments, suggestions, ideas, notes, drawings or concepts in which intellectual property rights subsist: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign all existing present and future intellectual property rights in Ideas, to us. You must do all things reasonably requested by us to assure further the assignment of such rights. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
15.1 Interpretation: In this Agreement:
15.1.1 words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
15.1.2 clause headings such as ("15. GENERAL" at the start of this Clause) and clause titles (such as "Interpretation:" at the start of this Clause 15.1) are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and
15.1.3 references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".
15.2 No partnership/agency: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
15.3 No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
15.4 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
15.5 Force majeure: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
15.7 No waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Agreement.
15.8 Notices: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
15.9 Third party rights: All provisions of this Agreement apply equally to and are for the benefit of Go N Live Limited, its subsidiaries, any holding companies of Go N Live Limited, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Agreement is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
15.10 Survival: In any event, the provisions of Clauses 1, 2, 5.7, 5.8, 5.9, 5.10, 5.11, 5.12, 6.1, 9, 10, 14 and 15 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Website or Service again, then the provisions of the terms and conditions that then apply will govern your re-use of the Website or Service. In the event you use Services bought under this Agreement, then those provisions applicable to Services will survive termination of this Agreement.
15.11 Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
15.12 Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with English law and both parties hereby submit to the exclusive jurisdiction of the courts of Hong Kong S.A.R.
16.1 The Website and the Service is owned and operated by Go N Live Limited a company registered in Hong Kong S.A.R. whose registered office is at Room 1101-3, 11/F Hang Seng North Point Building, 339-341 King’s Road, North Point, HK
17. PAYMENT obligations
17.1 You must pay us the Service Fees for the minimum period of Service
17.2 If this Agreement is linked to a minimum Service period and you terminate the Service before the end date of this Agreement you will be liable for all charges to the end of the agreed minimum Service Period.
17.3 We may alter the Service Fees at any time by giving You at least 20 days written notice and the new Fees shall take effect after this 20 day notice period. You may terminate this Agreement without charge at any time before the new Fees take effect.
17.4 No payment will have been made until we have received clear funds.
17.4.1 In the event that any cheque or direct debit is dishonoured, we may charge You for any reasonable costs or losses incurred by us each time the cheque is returned or direct debit is not allowed.
17.4.2 If you do not pay the Service Fees by the due date then we may charge you our reasonable costs and charges for accepting late payment.
17.5 All sums payable to us under the Agreement will become due immediately upon termination of the Agreement in accordance with Section 17.6 unless you have terminated this Agreement due to our negligence.17.6 unless you have terminated this Agreement Due to Our negligence.
17.6 If any sum payable under the Agreement is not paid when due, then, in addition to any other rights we may have, we will be entitled to suspend Your access rights to the Goods until the outstanding amount has been received by us.
17.6.1. If any sum payable under the Agreement is still outstanding one month after the service of written notice from us requiring You to pay all outstanding amounts in full, we may in our absolute discretion:
. 126.96.36.199 recover possession of the Goods and charge You for all reasonable costs incurred by us in moving and storing Your Goods, together with any repeated costs if we reasonably require to move Your Goods at any time afterwards;
. 188.8.131.52 (if we still do not hear from You, having given You 14 days further notice,) sell some or all of Your Goods for the best price reasonably available (and pass good title to them) to discharge any outstanding sums due to us and to cover the costs of sale. If the proceeds of sale are insufficient to discharge Your outstanding sums due to us then You will remain responsible for the balance and we may take action to recover the outstanding amounts. We will pay to You the balance, if any, still remaining; and
. 184.108.40.206 treat any Goods not sold in accordance with Condition 220.127.116.11 as abandoned and destroy or otherwise dispose of them.
17.6.2 If any sums payable under this Agreement is still outstanding after their corresponding due date as provided in written notice from us, we may in our absolute discretion:
18.104.22.168 Charge a Monthly Administration fee, until such time as all outstanding and overdue debts are settled
22.214.171.124 Calculate and apply compounding interest charges on all outstanding amounts until such time as all debts and outstanding amounts are settled in full.
18. BAD WEATHER
18.1. When Applicable. Our Bad weather policy and arrangement will be in effect immediately upon the hoisting or issuing of
18.1.1.Tropical Storm Warning Signal No. 8 (or higher)
18.1.2. Red Rainstorm Warning
18.1. 3. Black Rainstorm Warning
18.2.Policy Impact. When Our Bad Weather policy is activated
18.2.1. All Delivery activities and appointments will be cancelled
18.2.2. All Pickup activities and appointments will be cancelled
18.2.3. Access to Your stored goods at Our storage facility will not be available.
18.3. Policy Activation Notification. Upon Activation of this policy, We will immediately attempt to contact all parties with active activities or appointments that are affected by this policy.
18.3.1. We do not warrant or guarantee that we will make contact with any or all parties impacted by this policy.
18.3.2. It is Your responsibility to have read the Terms and Conditions of this agreement and be aware Our Bad Weather policy
18.3.3. It is Your responsibility to be aware of all current weather warnings issued within the Hong Kong S.A.R.
18.4. Bad Weather Liability. We will not be responsible or liable for any loss, financial or otherwise, suffered by you as a result of this policy.
18.5.1 If the signal or warning is lowered and/or removed before 6:00 A.M., return to normal service by 9:00 A.M. that day
18.5.2 If the signal or warning is lowered and/or after 6:00 A.M. and before 2:00 P.M., return to normal service within 4 hours that same day.
18.5.3 If the signal or warning is lowered and/or removed after 2:00 P.M., return to normal service the following day.
18.5.4 Under all other circumstances, return to normal service the following day.