TMSfactory Website Terms & Conditions of Use
Last Updated: January 2009
PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS PERTAINING TO THE USE OF THE TMSFACTORY WEBSITE. BY ACCESSING OR USING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
These Terms & Conditions of use ("Site Terms") apply to your use of this website (the "Site") and do not alter the terms or conditions of any other agreement you may have with TMSfactory which are all to be construed as one and the same entity. By using this Site you represent and warrant that you are lawfully able to accept these Site Terms & Conditions.
Ownership of the Site and its Contents
This Site is owned by TMSfactory. All of the content featured or displayed on this Site, including but not limited to; texts, graphics, data, photographic images, moving images, sounds, illustrations, software, and the selection and arrangement thereof ("TMSfactory Content") is owned by TMSfactory. All elements of the Site, including the image content, are protected by copyright, trade practice, moral rights, trademark and other laws relating to the protection of intellectual property.
Use of the Site
This Site and the TMSfactory Content are intended for customers. You may not use this Site or its content for any purpose not related to your business activities with TMSfactory. You are specifically prohibited from: (a) Registering, subscribing, unsubscribing or attempting to register, subscribe or unsubscribe any party if you are not expressly authorized by such party and TMSfactory to do so. (b) Downloading, copying or re-transmitting any or all of the Site. (c) Using any data mining, robots or similar data gathering or extraction methods. (d) Manipulating or otherwise displaying the Site or any of its content by using framing or similar navigational technology; and (e) Using the Site or its content other than for its intended purpose. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity and all applicable communications regulations and statutes.
You represent and warrant that you will abide with all applicable laws and regulations, including, without limitation, those relating to Internet, data, e-mail, privacy, and the transmission of technical data exported from Hong Kong or the country in which you reside.
Use of the TMS payment solution and TMS Credits
TMS provide merchants an 'end to end' solution to build products or services for sale and sell them to targeted consumers using a payment solution based upon TMS Credits. We invite you to read the TMS Credits Business Terms & Conditions here.
Registration Data and Account Security
In condition of your use of the Site you agree to; (a) Provide accurate, current and complete information about you as maybe instructed by any registration forms inside the Site ("Registration Data"). (b) Maintain and update the Registration Data and any other information you provide to TMSfactory. Keep it accurate, current and complete. (c) Maintain the security of your password and identification. (d) Notify TMSfactory immediately of any unauthorized use of your account or other breach of security. (e) Accept full responsibility for any and all activities that occur under your account. (f) Accept all risks of unauthorized access to the Registration Data and any other information you provide to TMSfactory.
You agree to defend, indemnify and hold harmless TMSfactory and corporate group against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the TMSfactory Website Content, or your violation of any rights of another.
THIS SITE AND THE CONTENT ARE PROVIDED "AS IS" AND TMSFACTORY AND ITS DIRECTORS, EMPLOYEES, AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, EXCLUDE WITHOUT LIMITATION, ANY IMPLIED WARRANTIES THAT TMSFACTORY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE TMSFACTORY CONTENT, OR THE UNAVAILABILITY OF THE SAME INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR.
TMSFACTORY MAKES NO WARRANTY THAT THE SITE OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. TMSFACTORY USES REASONABLE EFFORTS TO ENSURE THE ACCURACY, CORRECTNESS AND RELIABILITY OF THE CONTENT, BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE TMSFACTORY CONTENT'S ACCURACY, CORRECTNESS OR RELIABILITY.
Limitation of Liability
IN NO EVENT SHALL TMSFACTORY, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE TMSFACTORY CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER OF ANY INFORMATION OBTAINED FROM TMSFACTORY, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TMSFACTORY'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TMSFACTORY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TMSFACTORY FOR ACCESS TO OR USE OF THE SITE.
Notwithstanding any of these Site Terms, TMSfactory reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
Waiver of any provision of the Site Terms will be effective only if in writing and signed by TMSfactory. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to Site Terms and Condition
Questions and Contact Information
Questions or comments about the Site or Site Terms may be directed by to
TMSfactory, 22/f Dotcom House,
128 Wellington Street, Central Hong Kong.