Terms and Conditions of Use
These terms and conditions (as the same may be modified from time to time, the “Terms and Conditions”) govern the use of the website located at “derivativeslawyer.com” (the “Website”) operated by Transaction International Group, Inc (“the Company”) and shall apply to any electronic communications related to the Website and the purchase of any services or products from the Website.
1. Terms and Conditions
The use of the Website constitutes your acceptance, without modification, to these Terms and Conditions then in force at time of use. These Terms and Conditions constitute the entire and only agreement between the Company and you, and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the use of the Website, the Contents (as defined below), products or services provided by or through the Website. These Terms and Conditions may be amended and posted on the Website at any time by the Company from time to time without specific notice to you, but this shall not affect the Terms and Conditions in effect when you used the Website. You should review the latest Terms and Conditions prior to using the Website. If you do not agree to these Terms and Conditions, you should not view any of the Contents or use any of the Documents or information contained herein or the services provided through the Website or by the Company.^
2. Use of the Website
The Company is not a legal firm and information and Documents (as defined below) made available on the Website (or otherwise by the Company) and the Contents do not constitute legal advice or legal service, recommendations, counselling under any circumstances, nor does the transmission, downloading or sending of any email, document or other information create a lawyer/client relationship. The use of the Website and Contents is entirely at your own risk.^
3. Use of the Documents
Manuals, articles, forms, checklists, agreements, memorandums (collectively, “Documents”) may be made available on the Website for your use for free or in consideration of a payment. Some of these Documents are templates or general form agreements and require to be personalised to suit your own specific circumstances. The Company assumes no responsibility to and does not enquire whether these Documents are suitable for the purpose you intended. Where a Document is prepared based on your instructions, it shall be your responsibility to ensure that the Document accurately and completely reflects your instructions and the Company assumes no responsibility whatsoever in that respect. The Documents may be inappropriate for your particular circumstances and the applicable law may require different or additional provisions to be inserted in the Documents. If deemed necessary, you should seek legal advice in conjunction to the use of the Documents. Due to the digital nature of the Documents no automatic right of refund or cancellation exists after a Document has been purchased by you.
The preparation of a Document by the Company at your request shall not constitute legal service. The precise documentation of each individual transaction remains the responsibility of the parties concerned. The Company assumes no responsibility for any use to which the Documents or Contents may be put, including, without limitation, any use of the Documents or Contents in connection with any privately negotiated transaction. If you use any of the Documents or Contents, you must ensure that the Documents or contents: (a) are appropriate in light of any legal, regulatory or other requirements that may be applicable, (b) have been properly used and/or adapted, and (c) have been applied such that the transaction documents properly reflect the commercial intentions of the parties.^
4. Services and Subscription
Subcription to the Website entitled the registered user (the “Registered User”) to access the Website in accordance with these Terms and Conditions and the Registered User agrees not to share the registration details including password with another user or to allow another user to gain access to the Website without registration or payment. The Registered User agrees that the Company shall monitor the access to the Website to ensure compliance with these Terms and Conditions. Without prejudice to any of its rights or remedies, the Company shall be entitled to suspend or terminate the subsciption of the Registered User without prior notice. Subscription payment made will not be refunded. The Company does not store credit card information of the Registered User and shall not be liable for any loss of the Registered User arising in connection with or from the act or omission of third party including paypal.
5. Copyright and Licence
The contents, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website (collectively, “Contents”) are protected under applicable copyrights, trademarks and other proprietary rights. The unauthorised copying, redistribution, use or publication of the Contents by you is strictly prohibited. The posting of the Contents on the Website does not constitute a waiver of any rights therein.^
The information and Documents available on the Website (or otherwise made available by the Company) are provided on an “as is” and “as available” basis without any representations or endorsements made and without any warranty of any kind whether express or implied, including but not limited to implied warranties of fitness for purpose, merchantability and accuracy. The Company (including its directors, officers, employees or contractors) will not have any liability to you at all if you use any information or Document without obtaining appropriate legal advice. In no circumstance shall the Company (or any of its directors, officers, employees or contractors) be liable for any indirect, incidental, special or consequential damages arising out of or in any way connected with the use of the Website or the Documents, under any law or on any basis whatsoever whether contractual or otherwise, except in relation to death or personal injury for which no limit shall apply. The total liability of the Company for direct loss arising out of the use of the website or any document contained herein shall be limited to HK$1,000 for any one incident or series of related incidents.^
The Website contains hyperlinks to websites operated by other parties. The Company does not control such websites and takes no responsibility for, and will not incur any liability in respect of, their contents. The inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites. You may provide links to the Website on the conditions that (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright or other notices on the Website (b) your website does not engage in illegal or immoral activities (c) you will discontinue the links to the Website immediately upon request by the Company and (d) you agree to indemnify the Company for all losses and damages suffered by the Company as a results of providing the links to the Website or failure to discontinue the same immediately upon the Company's request.^
8. Advertisers and Sponsors
The Publication Terms and Conditions set out at http://www.derivativeslawyer.com/publisht&c.php apply to all Publication (as defined therein) on the Website.^
9. Comments and Complaints
For comments or complaints about the Contents, the Documents, the services or any derivativeslawyer.com product please contact us. your input is welcome to make the Website better.^
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force. These Terms and Conditions may be assigned by the Company at any time. Headings in these Terms and Conditions are for convenience only and must not be given any legal import. These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong, and each of the parties submits to the exclusive jurisdiction of the courts of Hong Kong.^
Last updated 1 January 2010^