BIOCAD HONG KONG - Shaping the future of biotech

1. General Provisions

1.1. BIOCAD Hong Kong Limited with its registered address at Level 54, Hopewell Centre, 183 Queen's Road East, Hong Kong SAR PRC (hereinafter referred to as BIOCAD Hong Kong) offers the Internet user (hereinafter referred to as the User) to use its web site Biocadhk.com under terms and conditions as laid down in this User Agreement (hereinafter referred to as the Agreement). Any development of Biocadhk.com shall be the subject of this Agreement. The Agreement shall come into effect from the date when the User expresses his/her consent to observe its terms and conditions, and under procedure set forth in par. 1.2. hereof.

1.2. By starting to use Biocadhk.com, the User agree to comply with all of the terms and conditions in this Agreement. Should the User disagree with any provisions hereof, the User may not use Biocadhk.com. Should BIOCAD Hong Kong make any changes to the Agreement under procedure set forth in par. 1.3. hereof, and the User disagrees with the changes, the User shall cease using Biocadhk.com.

1.3. The use of Biocadhk.com shall be governed by this Agreement. Unless otherwise is provided in a new edition of the Agreement, the Agreement may be amended by BIOCAD Hong Kong without any specific notice to the User, the new revision shall come into effect from the date of its posting in the Internet at the address specified in this paragraph. A valid revision of the Agreement may be found at the electronic address info@biocadhk.com.

2. Use of Biocadhk.com

2.1. BIOCAD Hong Kong may impose restrictions on the use of Biocadhk.com applicable to all Users, including the presence or absence of individual functions, the maximum number of questions that the User will be able to send, the maximum length of the question, the maximum number requests to the site Biocadhk.com, etc. BIOCAD Hong Kong may ban automatic requests to Biocadhk.com.

2.2. The User shall be solely responsible for User's activities on Biocadhk.com related to third parties, including if such activities will result in infringement of right and legal interests of third parties, as well as compliance with the applicable legislation when using Biocadhk.com.

2.4. When using Biocadhk.com, the User may not upload, send, transfer, or otherwise post and/or distribute illegal content; violate third party rights, and otherwise violate the legislation, including international laws.

2.5. All items made available by using Biocadhk.com, including design elements, text, graphics, images, videos, software, databases, music, sounds, and other intellectual property items, as well as any other contents posted on Biocadhk.com shall be items covered by exclusive rights of BIOCAD Hong Kong, or other right holders. The Biocadhk.com items and content may only be used in line with functions available on Biocadhk.com. No Biocadhk.com items, and any content posted on Biocadhk.com may be used otherwise without prior written approval of the right holder.

3.6. Biocadhk.com may contain links to other websites (third party websites). BIOCAD Hong Kong will not verify compliance of the said third parties with any legal requirements. BIOCAD Hong Kong shall not be held liable for any information, materials posted on third party websites which may be made available to the User by using Biocadhk.com, availability of such websites or content, and consequences of their use by the User. A link to any website, product, service, any third-party information posted on Biocadhk.com shall not be deemed approval or recommendation of such website, product, service, any third-party information by BIOCAD Hong Kong.

4. User Content

4.1. The User shall be solely responsible for compliance of content posted by the User with the requirements of current legislation, including third party liability where the User's posting of content or the content itself violates the rights and legal interests of third parties, including personal non-property copyrights, other intellectual rights of third parties, and/or encroaches on their intangible assets.

4.2. The User acknowledges and agrees that BIOCAD Hong Kong is not obliged to review any content posted or distributed using Biocadhk.com, and that BIOCAD Hong Kong may, at its own discretion, prohibit the User to post or distribute content or delete any content which is available on Biocadhk.com. The User acknowledges and agrees to assess any and all risks related to the use of content on their own, including the assessment of reliability, completeness, or usefulness of such content.

4.3. The User acknowledges and agrees that the Biocadhk.com technology may require copying (reproduction) of User's content by BIOCAD Hong Kong, and its processing by BIOCAD Hong Kong to meet technical requirements of Biocadhk.com.

5. Miscellaneous

5.1. The User shall use Biocadhk.com at User's own risk, the web site Biocadhk.com is provided “as is.” BIOCAD Hong Kong gives no guarantees that Biocadhk.com complies with the User's requirements; Biocadhk.com will be provided continuously, quickly, reliably and without errors; the results that may be obtained using Biocadhk.com will be accurate and reliable and may be used for any purpose or as anyhow required; the quality of any product, service, information, etc., obtained using Biocadhk.com will meet the User's expectations.

5.2. Any information or materials accessed by the User using Biocadhk.com may be used by the User at User's own risk; the User shall be personally responsible for possible consequences of using the said information or materials.

5.3. BIOCAD Hong Kong shall not be held liable for any losses arising out of using Biocadhk.com or individual functions of Biocadhk.com by the User. In no event shall BIOCAD Hong Kong be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with using Biocadhk.com (including any networks and servers used to provide any of Biocadhk.com services), any of the BIOCAD Hong Kong services, or this Agreement (however arising, including negligence), unless and to the extent prohibited by law.

In addition, to the extent permitted by applicable law, BIOCAD Hong Kong is not liable, and User agrees not to hold BIOCAD Hong Kong responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) User's use of, or User's inability to use Biocadhk.com (2) delays or disruptions in Biocadhk.com; (3) viruses or other malicious software obtained by accessing Biocadhk.com or any website or service linked to Biocadhk.com; (4) glitches, bugs, errors, or inaccuracies of any kind in Biocadhk.com or in the information and graphics obtained from Biocadhk.com; (5) the content, actions, or inactions of third parties; or (6) User's need to modify User's practices, content, or behavior, or User's loss of or inability to do business, as a result of changes to this Agreement or BIOCAD Hong Kong policies.

5.4. The Agreement represents the entire agreement between the User and BIOCAD Hong Kong on the use of Biocadhk.com.

5.5. Substantive law of England and Wales is the law governing the relations of the Parties under the present Agreement, without regard to conflict of law provisions.

5.6. If a dispute arises between User and BIOCAD Hong Kong, the goal of BIOCAD Hong Kong is to learn about and address User's concerns. Disputes between you and BIOCAD Hong Kong regarding the using Biocadhk.com may be reported to BIOCAD Hong Kong by: Write to BIOCAD Hong Kong at info@biocadhk.com. User agrees that any claim, controversy, difference or dispute User may have against BIOCAD Hong Kong relating to this Agreement shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English. The law applicable to this arbitration clause is the law of England and Wales.

5.7. Should one or more provisions of this Agreement be hold invalid or unenforceable, this shall not affect validity or enforceability of other provisions of this Agreement.

5.8. A waiver by BIOCAD Hong Kong in case of the User's breach of provisions of Agreements shall not deprive BIOCAD Hong Kong of using relevant remedies later and shall not be a waiver of any rights by BIOCAD Hong Kong in the event of such or similar breaches in the future.