Terms & Conditions

 

Last updated on: Tuesday, 5 April 2016

 

TERMS AND CONDITIONS OF SCMP.COM AGREEMENT

SCMP.com is an internet-based online information and communication service.  Please read the terms and conditions of this SCMP.com Agreement (as defined in Clause 1 of this SCMP.com Agreement) carefully before accessing to and/or using the SCMP.com Service (as defined in Clause 1 of this SCMP.com Agreement).  These terms and conditions are only available in the English language.  By accessing to, continuing to access to, using and/or continuing to use the SCMP.com Service, you agree to abide by the terms and conditions of this SCMP.com Agreement.  If you do not agree with the terms and conditions of this SCMP.com Agreement, you should not access to or use any of the SCMP.com Service. 

 

1.         DEFINITIONS

The following definitions should apply in this SCMP.com Agreement unless otherwise stated.

“Computer” means your computer, notebook, personal digital assistant, tablet, mobile phone, smartphone, television and/or other electronic device now known or later developed used to access to and/or use the SCMP.com Service.

“Content” means the data, information, materials, text, songs, audio, video, photos, graphics, messages, blogs, ideas, comments, suggestions and/or other content.

“Discussion Forum” means the online discussion forum(s) and blog(s) on the SCMP.com Website.

“Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China.

“SCMP” means individually and collectively South China Morning Post Publishers Limited and/or its ultimate holding company(ies), holding company(ies), subsidiaries, affiliates and subsidiaries of each of such ultimate holding company(ies) and holding company(ies).

“SCMP Content” means all Content of SCMP that it has made available or presented on the SCMP.com Service.

“SCMP.com Agreement” means this SCMP.com online service agreement setting out the terms and conditions of a legally binding agreement between you and SCMP and governing your access to, continuance of access to, use of and/or continuance of use of the SCMP.com Service.

“SCMP.com Service” means online information and communication services which are available free of charge for viewing the Content on the SCMP.com Website and for access to and use of the Discussion Forum subject to the terms and conditions of this SCMP.com Agreement.

“SCMP.com Website” means the South China Morning Post website at www.scmp.com.

“Third Party Content” means products and services of third parties which are and/or have been advertised or presented on the SCMP.com Service.

“Third Party Products” means products and services of third parties which are and/or have been advertised or presented on the SCMP.com Service.

“Your Content” means all the Content that you have made available or presented on the SCMP.com Service.

 

2.         GENERAL RULES

2.1 Anyone is entitled to use for free the SCMP.com Service subject to the terms and conditions of this SCMP.com Agreement.   

2.2 By accessing to, continuing to access to, using and/or continuing to use the SCMP.com Service, you agree to be bound by all the terms and conditions of this SCMP.com Agreement throughout the access to and/or use of the same.

2.3 SCMP reserves the right to modify any terms and conditions of this SCMP.com Agreement and/or any features of the SCMP.com Service from time to time.  Such modification shall be effective and replace any previous terms and conditions of this SCMP.com Agreement and/or any previous features of the SCMP.com Service immediately upon posting of the modified SCMP.com Agreement and/or features of the SCMP.com Service without notifying you. 

2.4 SCMP reserves the right to change, alter and/or modify the design, layout, pages, look and feel and/or any other aspects or features of the SCMP.com Service and/or the SCMP.com Website from time to time.  SCMP further reserves the right to discontinue all or part of the SCMP.com Service from time to time without notifying you.

2.5 You agree to review this SCMP.com Agreement periodically to ensure that you are aware of any modifications.  Your continued access to and/or use of the SCMP.com Service shall be deemed your conclusive acceptance of the modified SCMP.com Agreement.

2.6 SCMP may also impose limits on certain features and services in respect of the SCMP.com Service.

2.7 You represent that you have read and agree to be bound by SCMP’s Personal Information Collection Statement at www.scmp.com/privacy-policy.

 

3.         CONTENT AND INTELLECTUAL PROPERTY RIGHTS

3.1       Your Content

3.1.1 You retain the intellectual property rights that you may or should have in Your Content.

3.1.2 By posting Your Content on the SCMP.com Service, you automatically grant SCMP a perpetual, irrevocable, non-exclusive, royalty-free, worldwide and sub-licensable right and licence to: (i) use, copy, edit, adapt, publish, translate, create derivative works from, make available, communicate and distribute Your Content (in whole or in part), its edited, adapted, translated versions and/or such derivative works; and/or (ii) incorporate the same in other works in any forms, media or technologies now known or later developed. 

3.1.3 In respect of the right and licence as referred to in Clause 3.1.2 of this SCMP.com Agreement, you represent and warrant that:

(a) you are the sole owner of Your Content and have the full legal right and authority to grant such right and licence; and

(b) all of Your Content are your original works and creations and shall not infringe the intellectual property and/or related rights of any third parties or contravene or violate any applicable laws or regulations.

 

3.2 SCMP Content

3.2.1 All intellectual property rights in the SCMP Content, including but not limited to the copyright in the compilation of all Content on the SCMP.com Service, shall remain with SCMP. 

3.2.2 You shall not use, edit, copy, publish, adapt, translate, make derivative works from, distribute or otherwise all or part of the SCMP Content or decompile, reverse engineer or otherwise attempt to discover the source codes of any SCMP Content available on the SCMP.com Service unless otherwise permitted in advance by SCMP in writing.

3.2.3 You shall not assist or facilitate any third party to make use of any SCMP Content in any manner that constitutes any infringement of SCMP’s intellectual property and/or related rights, including but not limited to “framing”, downloading or establishing unauthorised link(s) to any part of the Content on your or any third party’s website(s) or platform(s).

3.2.4 The domain name(s) on which the SCMP.com Service is/are hosted is/are the sole property of SCMP.  You shall not use or otherwise adopt the same or similar name(s) for your own use or for any third party’s use.

3.2.5 The trademarks, logos, service marks and other marks of SCMP (“SCMP Marks”) displayed on the SCMP.com Service are the sole property of SCMP.  You are not permitted to use any SCMP Marks without the prior written approval of SCMP. 

 

3.3 Third Party Content

3.3.1 The trademarks, logos, service marks and other marks of any third parties (“Third Party Marks”) and all Third Party Content remain the sole property of the relevant third party(ies).

3.3.2 In respect of the Third Party Marks, you are not permitted to use any of the same or the name of such third party(ies) without the prior written approval of such relevant third party(ies).

3.3.3 You shall not use, edit, copy, publish, adapt, translate, make derivative works from, distribute or otherwise all or part of the Third Party Content or decompile, reverse engineer or otherwise attempt to discover the source codes of any Third Party Content available on the SCMP.com Service unless otherwise permitted in advance by such relevant third party(ies) in writing.

 

4.         ONLINE DISCUSSION FORUM

4.1       Registration

4.1.1    Requirement for Registration

(a)       You have to be at least 18 years old to participate in the Discussion Forum.

(b)       You must register as a member before you can use the Discussion Forum.

4.1.2    Registration Information and Password

As part of the registration process, you will select a password and a username. You also have to give SCMP certain registration information, all of which must be true, accurate and updated.

You must not (i) select or use a username of another person with the intent to impersonate that person; (ii) allow any third party to use your username and/or password or otherwise use your Discussion Forum account (“Discussion Forum Account”); or (iii) use a username that SCMP, at its sole discretion, deems offensive.

Failure to comply with the foregoing shall constitute a breach of this SCMP.com Agreement, which may result in immediate termination of your Discussion Forum Account.

You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of SCMP.

You shall immediately notify SCMP of any changes of address or any other particulars provided to SCMP which may affect the use of the Discussion Forum Account or any part thereof.  On SCMP’s request, you shall provide SCMP with information relating to you and your use of the Discussion Forum Account reasonably required by SCMP: (a) to assist SCMP in complying with SCMP’s obligations under any applicable laws; (b) to report to any governmental authorities or agencies and/or regulatory authorities regarding compliance with those obligations; and (c) to assess whether or not you have complied, is complying and will be able to continue to comply with all of your obligations under this SCMP.com Agreement.

You represent and warrant that your personal data and other information provided to SCMP for registration of and use of the Discussion Forum Account purpose are true, accurate and updated.

By registering for accessing to, continuing to access to, using and/or continuing to use the Discussion Forum Account, you agree to be bound by all the terms and conditions of this SCMP.com Agreement throughout the registration process of, access to and use of the same.

Acceptance of your registration of the Discussion Forum Account is at the sole discretion of and subject to confirmation by SCMP.  In this regard, SCMP has the sole and full discretion and its determination shall be final.

4.1.3    Reasons for Registration Requirement

Your registration is a pre-requisite for using the Discussion Forum.  This is to ensure that you are a “real” person and that you agree to all the terms and conditions of this SCMP.com Agreement.  Such registration requirement is also intended to ensure that you take responsibility for your comments and suggestions and to facilitate the development of SCMP’s online community.

4.1.4    Suspension or Termination of the Discussion Forum Account

SCMP reserves the right to either suspend or terminate your Discussion Forum Account in the event that you breach any of the terms and conditions of this SCMP.com Agreement or contravene or violate any applicable laws or regulations in respect of your use of the Discussion Forum Account.

 

4.2       Comments/Suggestions and Language

4.2.1    Types of Comments/Suggestions Not Allowed

You hereby agree and undertake not to make the following comments/suggestions on the Discussion Forum including but not limited to:

(a)       Defamatory, insulting, obscene, racist, sexist and homophobic comments/suggestions.

(b)       Speech, attacks and remarks which appear to be threatening, abusive, offensive or arousing hatred or discrimination.

(c)       Impersonations, illegal comments/suggestions or comments/suggestions which violate or encourage the violation of any laws or the propriety(ies) or other right(s) of any third party(ies).

In this regard, SCMP has the sole and full discretion and its determination shall be final.

4.2.2    Types of Language Not Allowed

You also agree and undertake not to make any comments/suggestions on the Discussion Forum which consist of vulgar, profane, crude, violent or hostile language or swearing.  In this regard, SCMP has the sole and full discretion and its determination shall be final.

4.2.3    Comments/Suggestions on the South China Morning Post

You are welcome to make constructive comments/suggestions on the South China Morning Post and/or any other publications of SCMP on the Discussion Forum which are intended to help SCMP improve its goods and/or services.  Such constructive comments/suggestions should not be any attacks on the reputation of the South China Morning Post, of any other publications of SCMP and/or of SCMP and shall be subject to the terms and conditions of this SCMP.com Agreement.

 

4.3       Proper Use

4.3.1    No Commercial Use or Investigation

You must not use the Discussion Forum for:

(a)       the promotion of any products or services or for any other commercial purposes;

(b)       any sponsorship, petition, campaign or chain message;

(c)       an investigation, e.g. tracing the whereabouts of a person.

In this regard, SCMP has the sole and full discretion and its determination shall be final. 

 

4.4       Moderation

4.4.1    Right to Moderate

SCMP reserves the right to moderate any comments, suggestions and other information which have been posted or made available on the Discussion Forum.  In this regard, SCMP has the sole and full discretion and its determination shall be final.  

4.4.2    Reasons for Moderation

The Discussion Forum is intended to be an engaging and informative platform for SCMP’s readers to discuss and debate a wide variety of topics.  By moderating the submissions made to the Discussion Forum, SCMP creates a space where different perspectives and well-informed opinions can be exchanged in a respectful and civilised manner.

4.4.3    Editing and Removal of Content

SCMP reserves the right to edit or remove part or all of the Content and/or any other information on the Discussion Forum which violate(s) the terms and conditions of this SCMP.com Agreement or which, in the sole opinion of SCMP, appear(s) to be inappropriate for display on the Discussion Forum.   In this regard, SCMP has the sole and full discretion and its determination shall be final. 

4.4.4    Moderation Request from Readers

You can flag a comment/suggestion on the Discussion Forum for SCMP’s review or moderation, state the reasons you believe it should be removed and submit a report to SCMP if you find the comment/suggestion:

(a)       to be in breach of any of the terms and conditions of this SCMP.com Agreement;

(b)       to be inappropriate for posting on or abusing the space available in the Discussion Forum.

In this regard, SCMP has the sole and full discretion and its determination shall be final.

 

5.         PRIVACY OF PERSONAL DATA

You should not place or submit any personal information or data to SCMP and/or for publication on the SCMP.com Service without first reading SCMP’s Personal Information Collection Statement at www.scmp.com/privacy-policy which sets out SCMP’s personal data use and privacy practices.  SCMP is committed to comply with the Personal Data (Privacy) Ordinance and any other applicable laws and regulations relating to personal data privacy.

 

6.         LIABILITY

6.1       Your Content

            You acknowledge and agree that: (i) you shall be solely and fully responsible for Your Content and any related consequences including but not limited to any third party claims arising from or in connection with the same; and (ii) SCMP shall not be liable in any manner.

 

6.2       Third Party Content

SCMP shall not be liable in any way for the Third Party Content including but not limited to its accuracy, completeness, usefulness, relevance, timeliness or otherwise.

 

6.3       Force Majeure

            SCMP shall not be liable for any failure or delay in performance of its obligations under this SCMP.com Agreement because of circumstances beyond its reasonable control, including, without limitation, acts of God, typhoons, rainstorms, virus outbreak, government restrictions, strikes, wars, network failures or telecommunications failures.

 

7.         INDEMNITY

You agree to indemnify SCMP and its employees, officers, agents, contractors, readers and users and hold them harmless from and against all losses, claims, demands, actions, proceedings, costs (including but not limited to legal costs) and liabilities (including but not limited to statutory and tortuous liabilities) which may be suffered by or brought against SCMP and its employees, officers, agents, contractors, readers and users arising from or in connection with:

(a)       your connection to the SCMP.com Website;

(b)       your access to and/or use of the SCMP.com Service and/or your posting of any Content on the SCMP.com Service;

(c)       your breach of any of the terms and conditions of this SCMP.com Agreement;

(d)       your contravention of any applicable laws or regulations; and/or

(e)       your violation of the rights of any person(s) and/or entity(ies).

 

8.         DISCLAIMER OF WARRANTIES

8.1       SCMP.com Service and Computer

SCMP makes no representation or warranty that:

            (a)       the access to, use of and functioning of the SCMP.com Service and the availability of any Content on the same will be timely, uninterrupted, without error or omission; and free of viruses or other harmful components; and

            (b)       the view of any Content in or with any Computer will not affect the functionality or performance of the Computer.

 

8.2       Content

            SCMP makes no representation or warranty regarding the view of or the results of the view of any Content on the SCMP.com Service in terms of its correctness, accuracy, reliability, usefulness, timeliness or otherwise. 

 

8.3       Third Party Content

SCMP makes no representation or warranty regarding the view of or the results of the view of any Third Party Content on the SCMP.com Service, the SCMP.com Website or websites linked from the SCMP.com Website in terms of its correctness, accuracy, reliability, usefulness, timeliness or otherwise. 

 

8.4       SCMP Content

SCMP makes every effort to ensure that all SCMP Content on the SCMP.com Service is accurate and complete to the best of SCMP’s knowledge.  However, SCMP provides the SCMP Content for informative purposes and on an ‘as is” basis only.  SCMP disclaims all warranties, express or implied, including but not limited to the implied warranties of satisfactory quality, merchantability and fitness for a particular purpose or the warranty of non-infringement to the extent permissible under law.

 

8.5       Professional or Expert Advice

The data, information and/or any Content made available on the SCMP.com Service are of a general nature and do not purport to contribute an offer or a provision of any professional or expert advice.  You should consult a qualified professional adviser or expert to obtain independent advice and verification of the information and data contained in the SCMP.com Service as necessary.

 

8.6       Third Party Products

You acknowledge and agree that SCMP does not endorse or recommend and has no control over the Third Party Products which are advertised or made available on the SCMP.com Service, the SCMP.com Website or websites linked from the SCMP.com Website.

 

8.7       View of Information on the SCMP.com Website

You agree that all Content, statements, information, opinions, comments, suggestions and/or materials from SCMP, other readers, other users, third parties and advertisers on the SCMP.com Service and the SCMP.com Website should be viewed and relied upon only with care and discretion and at your own risk.  SCMP shall not be responsible for any loss or liability incurred by you arising from such view or reliance.

 

9.         LIMITATIONS OF LIABILITY

9.1       In no event shall SCMP be liable to you or you shall hold SCMP liable for any losses, damages, liabilities and expenses under any causes of action (whether in contract or tort or otherwise) caused by the access to or use of, or inability to access to or use of, the SCMP.com Service, and/or caused by the view of, or inability to view of, the Content, Your Content, SCMP Content, Third Party Content and/or the SCMP.com Website.

 

9.2       Under no circumstance shall SCMP be liable for any indirect, special, consequential or incidental damages arising or resulting from the access to or use of, or inability to access to or use of, the SCMP.com Service, or the view of, or inability to view of, Content, Your Content, SCMP Content, Third Party Content and/or the SCMP.com Website.

 

10.       ACCESS TO AND AVAILABILITY OF SCMP.COM SERVICE AND LINKS

The SCMP.com Service contains links to other related World Wide Web Internet sites, resources, and sponsors of SCMP.  Since SCMP is not responsible for the availability of these outside resources, or their content, you should direct any concerns regarding any external links to the site administrators or webmasters of such sites.

 

11.       HACKING, DISRUPTION AND IMPAIRMENT

You hereby undertake not to hack into, interfere with, disrupt, disable or otherwise impair the proper working of the SCMP.com Service including but not limited to reprogramming, reverse engineering, decoding, tampering, sniffing and session hacking.

 

12.       SECURITY

12.1     You shall notify SCMP’s Customer Service at digitalsupport@scmp.com of any known or suspected unauthorised access(es) to and/or use(s) of your Discussion Forum Account and/or the SCMP.com Service; and/or any known or suspected breach(es) of security, including but not limited to loss, theft, unauthorised disclosure(s) and/or use(s) of your Discussion Forum Account password, and/or unauthorised access(es) to and/or use(s) of your Discussion Forum Account.

 

12.2     You are responsible for all accesses to, usages of or activities on your use of the SCMP.com Service.  Any fraudulent, abusive, or otherwise illegal activity(ies) may be grounds for termination of your access to and/or use of the SCMP.com Service, at SCMP’s sole discretion, and SCMP may refer you to appropriate law enforcement agencies.

 

13.       COMMUNICATIONS BETWEEN SCMP AND READERS

13.1     You agree that SCMP may send electronic mail(s) or digital message(s) to you for the purpose of informing you of changes or additions to the SCMP.com Service.

 

13.2     SCMP reserves the right to gather and use information about your access(es), usage(s) and demographics, and agree to maintain your data privacy, in accordance with SCMP’s Personal Information Collection Statement at www.scmp.com/privacy-policy, and the Personal Data (Privacy) Ordinance.  For more information please read the SCMP’s Personal Information Collection Statement at www.scmp.com/privacy-policy.

 

14.       SOFTWARE LICENCES

You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access to and/or use the SCMP.com Service (“Access Software”).  You may not sub-license, assign or transfer any licenses granted by SCMP, and any attempt at such sub-license, assignment or transfer shall be null and void.  You may not otherwise copy, distribute, modify, reverse engineer, use, or create derivative works from the Access Software.

 

15.       TERMINATION OF SCMP.COM SERVICE

15.1     SCMP may (i) deactivate or suspend the SCMP.com Service or any part thereof, with or without notice to you, to carry out system, maintenance, upgrading, testing and/or repairs; (ii) limit or suspend your access to and/or use of any of the SCMP.com Service with or without notice to you if SCMP is of the sole opinion that such action is appropriate as a result of your access to and/or use of the SCMP.com Service; (iii) take any steps or omit to take any steps, with or without notice to you, for any reason SCMP deems relevant to the management or the operation of any of the SCMP.com Service and SCMP’s business, that may expand, reduce, modify, suspend, limit, make inaccessible or adversely affect the SCMP.com Service or any part thereof.

 

15.2     SCMP may, upon discovery of any suspected or actual, fraudulent, deceptive, unlawful or improper use of the SCMP.com Service by you, suspend your access to and/or use of any or all of the SCMP.com Service temporarily or permanently.

 

15.3    This SCMP.com Agreement may be terminated by SCMP for any reason at any time.  

 

15.4     Termination under the provisions of this SCMP.com Agreement shall not affect SCMP’s rights in relation to any antecedent breach(es) or liability(ies) incurred prior to the date of termination nor shall it affect the coming into force or the continuance in force of any provision contained in this SCMP.com Agreement which is expressly or by implication intended to come into or continue in force on or after such termination.  All remaining benefits (whether monetary or non-monetary) that you may enjoy under this SCMP.com Agreement as at the date of termination shall be forfeited absolutely.

 

16.       LEGAL AND REGULATORY COMPLIANCE OBLIGATIONS

You acknowledge that SCMP may be required under applicable laws and/or regulations and/or upon receipt of instructions from governmental authorities or agencies and/or regulatory authorities to carry out acts which may be in breach of any of the terms and conditions of this SCMP.com Agreement.  In this connection, you agree not to hold SCMP liable or responsible.

 

17.       WRITTEN EVIDENCE

17.1     You hereby agree that all records of SCMP relating to the SCMP.com Service, to your access to and/or use of the SCMP.com Service, your Discussion Forum Account and/or your particulars, to your view of any Content on the SCMP.com Website, and/or to the terms and conditions of this SCMP.com Agreement (collectively the “Records”), though in electronic or digital form, are written and original documents. 

 

17.2     You shall not dispute or challenge the validity, enforceability or admissibility of any Records on the grounds that it/they is/are not a written or original document(s), is/are in electronic or digital form, or was/were produced by or is/are the output of a Computer; and you hereby waive any such right you may have under law.

 

18.       GENERAL

18.1     SCMP shall have the right to sub-license, sub-contract, assign or transfer its rights and obligations in this SCMP.com Agreement to any third party at its sole and absolute discretion.

 

18.2     No failure on the part of SCMP in exercising any right, power or privilege and no course of dealing between you and SCMP shall operate as a waiver thereof, nor shall any single or partial exercise of its right, power or privilege under this SCMP.com Agreement preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

 

18.3     SCMP reserves the right to amend the terms and conditions in this SCMP.com Agreement at any time without notice, if any dispute, SCMP reserves the final decision. 

 

18.4     SCMP and you expressly agree and acknowledge that the terms and conditions of this SCMP.com Agreement shall not be enforceable by and do not confer any right on any person entity or third party who is not a party to this SCMP.com Agreement by virtue of the provisions of the Contracts (Rights of Third Parties) Ordinance.

 

18.5     This SCMP.com Agreement shall be governed by and construed in accordance with the laws of Hong Kong.  You agree that any action arising under this SCMP.com Agreement shall be submitted to the non-exclusive jurisdiction of Hong Kong courts.

 

18.6     For enquiries, please contact SCMP’s Customer Relationship Hotline at (852) 2680 8822 or email to digitalsupport@scmp.com.

 

TERMS AND CONDITIONS OF SCMP ePAPER AGREEMENT

SCMP ePaper is replica of South China Morning Post newspaper and of Sunday Morning Post newspaper which is available for subscription for, registration of, access to and use of the same.  Please read the terms and conditions of this SCMP ePaper Agreement (as defined in Clause 1 of this SCMP ePaper Agreement) carefully before subscribing for, registration of, accessing to and/or using the SCMP ePaper Service (as defined in Clause 1 of this SCMP ePaper Agreement).  These terms and conditions are only available in the English language.  By subscribing for, registering, accessing to, continuing to access to, using and/or continuing to use the SCMP ePaper Service, you agree to abide by the terms and conditions of this SCMP ePaper Agreement.  If you do not agree with the terms and conditions of this SCMP ePaper Agreement, you should not subscribe for, register, access to or use any of the SCMP ePaper Service.

 

1.         DEFINITIONS

The following definitions should apply in this SCMP ePaper Agreement unless otherwise stated.

“Business Day” means a day other than a Saturday, Sunday or day which is a public holiday in Hong Kong.

“Computer” means the computer, notebook, personal digital assistant, tablet, mobile phone, smartphone, television and/or other electronic device of a Member now known or later developed used to subscribe for, register, access to and/or use the SCMP ePaper Service.

“Content” means the data, information, materials, text, songs, audio, video, photos, graphics, messages, blogs, ideas, comments, suggestions and/or other content.

“HK$” or “Hong Kong Dollars” means Hong Kong dollars, the lawful currency of Hong Kong.

“Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China.

“Member” means you as a registered member of the SCMP ePaper Service.

“SCMP” means individually and collectively South China Morning Post Publishers Limited and/or its ultimate holding company(ies), holding company(ies), subsidiaries, affiliates and subsidiaries of each of such ultimate holding company(ies) and holding company(ies).

“SCMP Content” means all Content of SCMP that it has made available or presented on the SCMP ePaper Service.

“SCMP ePaper Account” means the registered account of a Member of the SCMP ePaper Service.

“SCMP ePaper Agreement” means this SCMP ePaper subscription agreement setting out the terms and conditions of a legally binding agreement between you and SCMP and governing your subscription for, registration of, access to, continuance of access to, use of and/or continuance of use of the SCMP ePaper Service.

“SCMP ePaper Service” means replica of South China Morning Post newspaper and of Sunday Morning Post newspaper which is available for subscription for, access to and use of the Content of the same on the SCMP ePaper Website and for registration of, access to and use of the SCMP ePaper Account, subject to the terms and conditions of this SCMP ePaper Agreement.

“SCMP ePaper Website” means the website for the replica of South China Morning Post newspaper and of Sunday Morning Post newspaper at www.scmp.com/epaper.

“Third Party Content” means all the Content which other third parties have made available or presented on the SCMP ePaper Service including but not limited to information relating to the Third Party Products.

“Third Party Products” means products and services of third parties which are and/or have been advertised or presented on the SCMP ePaper Service.

 

2.         GENERAL RULES AND REGISTRATION

2.1       You must register as a Member and pay for the subscription fees before you can use all the SCMP ePaper Service.

 

2.2       Registration Information and Password

2.2.1    As part of the registration process, you will select a password and a username. You also have to give SCMP certain registration information, all of which must be true, accurate and updated.

2.2.2    You must not (i) select or use a username of another person with the intent to impersonate that person; (ii) allow any third party to use your username and/or password or otherwise use your SCMP ePaper Account; or (iii) use a username that SCMP, at its sole discretion, deems offensive.

2.2.3    Failure to comply with the foregoing shall constitute a breach of this SCMP ePaper Agreement, which may result in immediate termination of your SCMP ePaper Account.

2.2.4    You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of SCMP.

 

2.3       You shall immediately notify SCMP of any changes of email address and/or any other particulars provided to SCMP which may affect the use of your SCMP ePaper Account or any part thereof.  On SCMP’s request, you shall provide SCMP with information relating to you and your use of the SCMP ePaper Account reasonably required by SCMP: (a) to assist SCMP in complying with SCMP’s obligations under any applicable laws; (b) to report to any governmental authorities or agencies and/or regulatory authorities regarding compliance with those obligations; and (c) to assess whether or not you have complied, is complying and will be able to continue to comply with all of your obligations under this SCMP ePaper Agreement.

 

2.4       You represent and warrant that your personal data and other information provided to SCMP for registration of and use of the SCMP ePaper Account purpose are true, accurate and updated.

 

2.5       By registering for subscribing for, accessing to, continuing to access to, using and/or continuing to use the SCMP ePaper Service, you agree to be bound by all the terms and conditions of this SCMP ePaper Agreement throughout the subscription for, registration process of, access to and use of the same.

 

2.6       Acceptance of your subscription order of the SCMP ePaper Service and your registration of the SCMP ePaper Account are at the sole discretion of and subject to confirmation by SCMP.  In this regard, SCMP has the sole and full discretion and its determination shall be final.

 

2.7       SCMP reserves the right to modify any terms and conditions of this SCMP ePaper Agreement and/or any features of the SCMP ePaper Service from time to time.  Such modification shall be effective and replace any previous terms and conditions of this SCMP ePaper Agreement and/or any previous features of the SCMP ePaper Service immediately upon posting of the modified SCMP ePaper Agreement and/or features of the SCMP ePaper Service without notifying you. 

 

2.8       SCMP reserves the right to change, alter and/or modify the design, layout, pages, look and feel and/or any other aspects or features of the SCMP ePaper Service and/or the SCMP ePaper Website from time to time.  SCMP further reserves the right to discontinue all or part of the SCMP ePaper Service from time to time without notifying you.

 

2.9       You agree to review this SCMP ePaper Agreement periodically to ensure that you are aware of any modifications.  Your continued subscription for, registration of, access to and/or use of the SCMP ePaper Service shall be deemed your conclusive acceptance of the modified SCMP ePaper Agreement.

 

2.10     SCMP may also impose limits on certain features and services in respect of the SCMP ePaper Service.

 

2.11     You represent that you have read and agree to be bound by SCMP’s Personal Information Collection Statement at www.scmp.com/privacy-policy.

 

2.12     If you are an entity, your subscription for, registration of, access to and use of the SCMP ePaper Service may be governed by a separate subscription agreement in addition to the terms and conditions of this SCMP ePaper Agreement.  In this regard, SCMP has the sole and full discretion and its determination shall be final.

 

3.         CONTENT AND INTELLECTUAL PROPERTY RIGHTS

3.1       SCMP Content

3.1.1    All intellectual property rights in the SCMP Content, including but not limited to the copyright in the compilation of all Content on the SCMP ePaper Service, shall remain with SCMP. 

3.1.2    You shall not use, edit, copy, publish, adapt, translate, make derivative works from, distribute or otherwise all or part of the SCMP Content or decompile, reverse engineer or otherwise attempt to discover the source codes of any SCMP Content available on the SCMP ePaper Service unless otherwise permitted in advance by SCMP in writing.

3.1.3    You shall not assist or facilitate any third party to make use of any SCMP Content in any manner that constitutes any infringement of SCMP’s intellectual property and/or related rights, including but not limited to “framing”, downloading or establishing unauthorised link(s) to any part of the Content on your or any third party’s website(s) or platform(s).

3.1.4    You shall not forward or share in any manner all or part of the SCMP Content to or with any third parties.

3.1.5    The domain name(s) on which the SCMP ePaper Service is/are hosted is/are the sole property of SCMP.  You shall not use or otherwise adopt the same or similar name(s) for your own use or for any third party’s use.

3.1.6    The trademarks, logos, service marks and other marks of SCMP (“SCMP Marks”) displayed on the SCMP ePaper Service are the sole property of SCMP.  You are not permitted to use any SCMP Marks without the prior written approval of SCMP. 

 

3.2       Third Party Content

3.2.1    The trademarks, logos, service marks and other marks of any third parties (“Third Party Marks”) and all Third Party Content remain the sole property of the relevant third party(ies).

3.2.2    In respect of the Third Party Marks, you are not permitted to use any of the same or the name of such third party(ies) without the prior written approval of such relevant third party(ies).

3.2.3    You shall not use, edit, copy, publish, adapt, translate, make derivative works from, distribute or otherwise all or part of the Third Party Content or decompile, reverse engineer or otherwise attempt to discover the source codes of any Third Party Content available on the SCMP ePaper Service unless otherwise permitted in advance by such relevant third party(ies) in writing.

3.2.4    You shall not forward or share in any manner all or part of the Third Party Content to or with any third parties.

 

4.         Subscription Fees and Payment

4.1       Payment of subscription fees can be made by way of credit card, debit card, cheque or bank transfer.  Where subscription fees and other charges (if applicable) are (at your option) charged to your credit card, SCMP reserves the right to charge additional fees and charges for renewed and/or continuing subscriptions to the credit card for which details have previously been provided to SCMP.  In the event that your credit card expires, you shall pay for such subscription fees and other charges (if applicable) immediately by way of other payment methods set out in this Clause.  Otherwise, SCMP reserves the right to suspend or terminate your SCMP ePaper Account.

 

4.2       All new subscription fees, if any, will be posted in SCMP’s Customer Service section or in other appropriate locations on the SCMP ePaper Service.  You shall pay all subscription fees and charges incurred at the rates in effect for the billing period in which such subscription fees and charges (if applicable) are incurred, including, but not limited to charges for any products or services offered for sale through the SCMP ePaper Service, including, but not limited to, the Classified and Marketplace sections thereof, SCMP.com and SCMP Archives, by SCMP or any third-party merchants or service providers.  All subscription fees and other charges (if applicable) shall be billed to you, or at your selection charged to your credit card, and paid for by you.  You shall pay all applicable taxes relating to subscription for, registration of, access to and use of the SCMP ePaper Service through your SCMP ePaper Account.

 

4.3       Subscription fees and charges are normally stated in Hong Kong Dollars (collectively the “Quoted Fees”).  If you select to pay the subscription fees and other charges (if any) by credit card in a currency other than Hong Kong Dollars, you shall be fully responsible for payment of: (i) the amount in such currency that your credit card company charges you in order to settle the Quoted Fees irrespective of any exchange rate fluctuations; and (ii) all currency conversion and/or related fees, if any.  SCMP shall not be liable for any payment, refund, fees or charges in this regard.

 

4.4       In the event of any error in calculating the amount of the subscription fees and charges on the part of SCMP, (i) you shall pay for the shortfall in case such error results in the calculated amount being less than the accurate amount; and (ii) SCMP shall refund to you any excess in case such error results in the calculated amount being more than the accurate amount and you have paid such calculated amount.

 

4.5       You expressly agree that SCMP shall not for any reasons whatsoever be liable to refund the full amount or any part of subscription fees, charges and taxes paid by you unless otherwise provided hereunder. 

 

5.         Basis of Subscription Cycle

5.1       The subscription fees for each annual package of the SCMP ePaper Service are based on a 363-day cycle.  Each annual package of the SCMP ePaper Service includes 363 issues of SCMP ePaper.

 

6.         New and Renewal

If you had not opted out the auto-renewal arrangement when you placed your subscription order of the SCMP ePaper Service, your subscription shall be automatically renewed upon its expiry unless you give us at least three (3) Business Days’ prior written notice not to have your subscription renewed.

 

7.         PRIVACY OF PERSONAL DATA

 

You should not place or submit any personal information or data to SCMP and/or for publication on the SCMP ePaper Service without first reading SCMP’s Personal Information Collection Statement at www.scmp.com/privacy-policy which sets out SCMP’s personal data use and privacy practices.  SCMP is committed to comply with the Personal Data (Privacy) Ordinance and any other applicable laws and regulations relating to personal data privacy.

 

8.         LIABILITY

8.1       Your Information

            You acknowledge and agree that:  (i) you shall be solely and fully responsible for your incorrect, inaccurate and/or outdated information provided to SCMP in relation to your subscription for, registration of, access to and use of the SCMP ePaper Service, and your payment of subscription fees and charges (if applicable) and any related consequences including but not limited to inability to, delay of and/or cancellation of subscription for, registration of, access to and/or use of the SCMP ePaper Service arising from or in connection with the same; and (ii) SCMP shall not be liable in any manner.

 

8.2       Third Party Content

SCMP shall not be liable in any way for the Third Party Content including but not limited to its accuracy, completeness, usefulness, relevance, timeliness or otherwise.

 

8.3       Force Majeure

            SCMP shall not be liable for any failure or delay in performance of its obligations under this SCMP ePaper Agreement because of circumstances beyond its reasonable control, including, without limitation, acts of God, typhoons, rainstorms, virus outbreak, government restrictions, strikes, wars, network failures or telecommunications failures.

 

9.         INDEMNITY

You agree to indemnify SCMP and its employees, officers, agents, contractors, readers and users and hold them harmless from and against all losses, claims, demands, actions, proceedings, costs (including but not limited to legal costs) and liabilities (including but not limited to statutory and tortuous liabilities) which may be suffered by or brought against SCMP and its employees, officers, agents, contractors, readers and users arising from or in connection with:

 

(a)       your connection to the SCMP ePaper Website;

(b)       your subscription for, registration of, access to and/or use of the SCMP ePaper Service and/or your provision of information in relation to the SCMP ePaper Service;

(c)       your breach of any of the terms and conditions of this SCMP ePaper Agreement;

(d)       your contravention of any applicable laws or regulations; and/or

(e)       your violation of the rights of any person(s) and/or entity(ies).

 

10.       DISCLAIMER OF WARRANTIES

10.1     SCMP ePaper Service and Computer

SCMP makes no representation or warranty that:

            (a)       the subscription for, registration of, access to, use of and functioning of the SCMP ePaper Service and the availability of any Content on the same will be timely, uninterrupted, without error or omission; and free of viruses or other harmful components; and

            (b)       the view of and/or use of any Content in or with any Computer will not affect the functionality or performance of the Computer.

 

10.2     Content

            SCMP makes no representation or warranty regarding the view of or use of or the results of the view of or use of any Content on the SCMP ePaper Service in terms of its correctness, accuracy, reliability, usefulness, timeliness or otherwise. 

 

10.3     Third Party Content

            SCMP makes no representation or warranty regarding the view of or use of or the results of the view of or use of any Third Party Content on the SCMP ePaper Service, the SCMP ePaper Website or websites linked from the SCMP ePaper Website in terms of its correctness, accuracy, reliability, usefulness, timeliness or otherwise. 

 

10.4     SCMP Content

SCMP makes every effort to ensure that all SCMP Content on the SCMP ePaper Service is accurate and complete to the best of SCMP’s knowledge.  However, SCMP provides the SCMP Content for informative purposes and on an ‘as is” basis only.  SCMP disclaims all warranties, express or implied, including but not limited to the implied warranties of satisfactory quality, merchantability and fitness for a particular purpose or the warranty of non-infringement to the extent permissible under law.

 

10.5     Professional or Expert Advice

The data, information and/or any Content made available on the SCMP ePaper Service are of a general nature and do not purport to contribute an offer or a provision of any professional or expert advice. You should consult a qualified professional adviser or expert to obtain independent advice and verification of the information and data contained in the SCMP ePaper Service as necessary.

 

10.6     Third Party Products

You acknowledge and agree that SCMP does not endorse or recommend and has no control over the Third Party Products which are advertised or made available on the SCMP ePaper Service, the SCMP ePaper Website or websites linked from the SCMP ePaper Website.

 

10.7     View of and Use of Information on the SCMP ePaper Website

You agree that all Content, statements, information, opinions, comments, suggestions and/or materials from SCMP, other readers, other users, third parties and advertisers on the SCMP ePaper Service and the SCMP ePaper Website should be viewed, used and relied upon only with care and discretion and at your own risk. SCMP shall not be responsible for any loss or liability incurred by you arising from such view, use or reliance.

 

11.       LIMITATIONS OF LIABILITY

11.1     In no event shall SCMP be liable to you or you shall hold SCMP liable for any losses, damages, liabilities and expenses under any causes of action (whether in contract or tort or otherwise) caused by the subscription for, registration of, access to, view of or use of, or inability to subscription for, registration of, access to, view of or use of, the SCMP ePaper Service, Content, SCMP Content, Third Party Content and/or the SCMP ePaper Website.

 

11.2     In the event that SCMP is liable for losses or damages in spite of Clause 11.1 of this SCMP ePaper Agreement, you agree that SCMP’s aggregate liability to you for any and all causes of action in relation to the subscription for, registration of, access to, view of and/or use of the SCMP ePaper Service, Content, SCMP Content, Third Party Content and/or the SCMP ePaper Website, and to the terms and conditions of this SCMP ePaper Agreement, shall not exceed the total amount of subscription fees paid by you to SCMP for the SCMP ePaper Service and/or the SCMP ePaper Website (whichever applicable) prior to the time such liability arises.

 

11.3     Under no circumstance shall SCMP be liable for any indirect, special, consequential or incidental damages arising or resulting from the subscription for, registration of, access to, view of or use of, or inability to subscription for, registration of, access to, view of or use of, the SCMP ePaper Service, Content, SCMP Content, Third Party Content and/or the SCMP ePaper Website.

 

12.       ACCESS TO AND AVAILABILITY OF SCMP ePAPER SERVICE AND LINKS

The SCMP ePaper Service contains links to other related World Wide Web Internet sites, resources, and sponsors of SCMP.  Since SCMP is not responsible for the availability of these outside resources, or their content, you should direct any concerns regarding any external links to the site administrators or webmasters of such sites.

 

13.       HACKING, DISRUPTION AND IMPAIRMENT

You hereby undertake not to hack into, interfere with, disrupt, disable or otherwise impair the proper working of the SCMP ePaper Service including but not limited to reprogramming, reverse engineering, decoding, tampering, sniffing and session hacking.

 

14.       SECURITY

14.1     You shall notify SCMP’s Customer Service at digitalsupport@scmp.com of any known or suspected unauthorised access(es) to and/or use(s) of your SCMP ePaper Account and/or the SCMP ePaper Service; and/or any known or suspected breach(es) of security, including but not limited to loss, theft, unauthorised disclosure(s) and/or use(s) of your SCMP ePaper Account password and/or credit card information, and/or unauthorised access(es) to and/or use(s) of your SCMP ePaper Account.

 

14.2     You are responsible for all subscriptions for, registration of, accesses to, usages of or activities on your use of the SCMP ePaper Service.  Any fraudulent, abusive, or otherwise illegal activity(ies) may be grounds for termination of your subscription for, registration of, access to and/or use of the SCMP ePaper Service, at SCMP’s sole discretion, and SCMP may refer you to appropriate law enforcement agencies.

 

15.       COMMUNICATIONS BETWEEN SCMP AND SUBSCRIBERS

15.1     You agree that SCMP may send electronic mail(s) or digital message(s) to you for the purpose of informing you of changes or additions to the SCMP ePaper Service.

 

15.2     SCMP reserves the right to gather and use information about your subscription(s) for, registration(s) of, access(es), usage(s) and demographics, and agree to maintain your data privacy, in accordance with SCMP’s Personal Information Collection Statement at www.scmp.com/privacy-policy, and the Personal Data (Privacy) Ordinance.  For more information please read the SCMP’s Personal Information Collection Statement at www.scmp.com/privacy-policy.

 

16.       SOFTWARE LICENCES

You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to subscribe for, register, access to and/or use the SCMP ePaper Service (“Access Software”).  You may not sub-license, assign or transfer any licenses granted by SCMP, and any attempt at such sub-license, assignment or transfer shall be null and void.  You may not otherwise copy, distribute, modify, reverse engineer, use, or create derivative works from the Access Software.

 

17.       SUSPENSION AND TERMINATION OF SCMP ePAPER SERVICE

17.1     SCMP may (i) deactivate or suspend the SCMP ePaper Service or any part thereof, with or without notice to you, to carry out system, maintenance, upgrading, testing and/or repairs; (ii) limit or suspend your subscription for, registration of, access to and/or use of any of the SCMP ePaper Service with or without notice to you if SCMP is of the sole opinion that such action is appropriate as a result of your subscription for, registration of, access to and/or use of the SCMP ePaper Service; (iii) take any steps or omit to take any steps, with or without notice to you, for any reasons SCMP deems relevant to the management or the operation of any of the SCMP ePaper Service and SCMP’s business, that may expand, reduce, modify, suspend, limit, make inaccessible or adversely affect the SCMP ePaper Service or any part thereof.

 

17.2     SCMP may, upon discovery of any suspected or actual, fraudulent, deceptive, unlawful or improper use of the SCMP ePaper Service by you, suspend your access to and/or use of any or all of the SCMP ePaper Service temporarily or permanently.

 

17.3     This SCMP ePaper Agreement may be terminated by SCMP for any reasons at any time.  SCMP will refund to you any part or all of the subscription fees that you paid unless otherwise provided in this Agreement. 

 

17.4     You may terminate your subscription(s) of the SCMP ePaper Service for any reasons by giving SCMP at least three (3) Business Days’ prior written notice during the term of this SCMP ePaper Agreement.  However, no refund for the remaining balance of the subscription period shall be provided under any circumstances. 

 

17.5     Termination under the provisions of this SCMP ePaper Agreement shall not affect SCMP’s rights in relation to any antecedent breach(es) or liability(ies) incurred prior to the date of termination nor shall it affect the coming into force or the continuance in force of any provision contained in this SCMP ePaper Agreement which is expressly or by implication intended to come into or continue in force on or after such termination.  All remaining benefits (whether monetary or non-monetary) that you may enjoy under this SCMP ePaper Agreement as at the date of termination shall be forfeited absolutely.

 

17.6     SCMP does not provide any suspension service to your subscription package(s) of the SCMP ePaper Service. 

 

18.       LEGAL AND REGULATORY COMPLIANCE OBLIGATIONS

You acknowledge that SCMP may be required under applicable laws and/or regulations and/or upon receipt of instructions from governmental authorities or agencies and/or regulatory authorities to carry out acts which may be in breach of any of the terms and conditions of this SCMP ePaper Agreement.  In this connection, you agree not to hold SCMP liable or responsible.

 

19.       WRITTEN EVIDENCE

19.1     You hereby agree that all records of SCMP relating to the SCMP ePaper Service, to your subscription for, registration of, access to and/or use of the SCMP ePaper Service, to the registration of, access to and use of your SCMP ePaper Account, to the access to and use of your particulars and/or any Content on the SCMP ePaper Website, and/or to the terms and conditions of this SCMP ePaper Agreement (collectively the “Records”), though in electronic or digital form, are written and original documents. 

 

19.2     You shall not dispute or challenge the validity, enforceability or admissibility of any Records on the grounds that it/they is/are not a written or original document(s), is/are in electronic or digital form, or was/were produced by or is/are the output of a Computer; and you hereby waive any such right you may have under law.

 

20.       GENERAL

20.1     SCMP shall have the right to sub-license, sub-contract, assign or transfer its rights and obligations in this SCMP ePaper Agreement to any third party at its sole and absolute discretion.

 

20.2     No failure on the part of SCMP in exercising any right, power or privilege and no course of dealing between you and SCMP shall operate as a waiver thereof, nor shall any single or partial exercise of its right, power or privilege under this SCMP ePaper Agreement preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

 

20.3     SCMP reserves the right to amend the terms and conditions in this SCMP ePaper Agreement at any time without notice, if any dispute, SCMP reserves the final decision. 

 

20.4     SCMP and you expressly agree and acknowledge that the terms and conditions of this SCMP ePaper Agreement shall not be enforceable by and do not confer any right on any person entity or third party who is not a party to this SCMP ePaper Agreement by virtue of the provisions of the Contracts (Rights of Third Parties) Ordinance.

 

20.5     This SCMP ePaper Agreement shall be governed by and construed in accordance with the laws of Hong Kong.  You agree that any action arising under this SCMP ePaper Agreement shall be submitted to the non-exclusive jurisdiction of Hong Kong courts.

 

20.6     For enquiries, please contact SCMP’s Customer Relationship Hotline at (852) 2680 8822 or email to digitalsuport@scmp.com.

 

 

TERMS AND CONDITIONS OF SCMP PRINT AGREEMENT

SCMP Print is South China Morning Post newspaper and Sunday Morning Post newspaper which are available for subscription for the same.  Please read the terms and conditions of this SCMP Print Agreement (as defined in Clause 1 of this SCMP Print Agreement) carefully before subscribing for the SCMP Print Service (as defined in Clause 1 of this SCMP Print Agreement).  These terms and conditions are only available in the English language.  By subscribing for the SCMP Print Service, you agree to abide by the terms and conditions of this SCMP Print Agreement.  If you do not agree with the terms and conditions of this SCMP Print Agreement, you should not subscribe for any of the SCMP Print Service.

 

1.         DEFINITIONS

The following definitions should apply in this SCMP Print Agreement unless otherwise stated.

“Business Day” means a day other than a Saturday, Sunday or day which is a public holiday in Hong Kong.

“Content” means the data, information, materials, text, photos, graphics, messages, ideas, comments, suggestions and/or other content.

“HK$” means Hong Kong dollars, the lawful currency of Hong Kong.

“Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China.

“SCMP” means individually and collectively South China Morning Post Publishers Limited and/or its ultimate holding company(ies), holding company(ies), subsidiaries, affiliates and subsidiaries of each of such ultimate holding company(ies) and holding company(ies).

“SCMP Content” means all Content of SCMP that it has made available or presented on the SCMP Print Service.

“SCMP Print Agreement” means this SCMP print subscription agreement setting out the terms and conditions of a legally binding agreement between you and SCMP and governing your subscription for the SCMP Print Service.

“SCMP Print Service” means South China Morning Post newspaper and Sunday Morning Post newspaper which are available for subscription for, and delivery of or redemption of the same, subject to the terms and conditions of this SCMP Print Agreement.

“Third Party Content” means all the Content which other third parties have made available or presented on the SCMP Print Service including but not limited to information relating to the Third Party Products.

“Third Party Products” means products and services of third parties which are and/or have been advertised or presented on the SCMP Print Service.

 

2.         GENERAL RULES

2.1       You must pay for the subscription fees before you can use all the SCMP Print Service. 

 

2.2       You shall immediately notify SCMP of any changes of delivery address and/or any other particulars provided to SCMP which may affect the use of your SCMP Print Service or any part thereof.  On SCMP's request, you shall provide SCMP with information relating to you and your use of the SCMP Print Service reasonably required by SCMP: (a) to assist SCMP in complying with SCMP's obligations under any applicable laws; (b) to report to any governmental authorities or agencies and/or regulatory authorities regarding compliance with those obligations; and (c) to assess whether or not you have complied, is complying and will be able to continue to comply with all of your obligations under this SCMP Print Agreement.

 

2.3       You represent and warrant that your personal data and other information provided to SCMP for subscription for the SCMP Print Service purpose are true, accurate and updated.

 

2.4       By subscribing for the SCMP Print Service, you agree to be bound by all the terms and conditions of this SCMP Print Agreement throughout the subscription period.

 

2.5       Acceptance of your subscription order of the SCMP Print Service is at the sole discretion of and subject to confirmation by SCMP.  In this regard, SCMP has the sole and full discretion and its determination shall be final. 

 

2.6       SCMP reserves the right to modify any terms and conditions of this SCMP Print Agreement and/or any features of the SCMP Print Service from time to time.  Such modification shall be effective and replace any previous terms and conditions of this SCMP Print Agreement and/or any previous features of the SCMP Print Service immediately upon posting of the modified SCMP Print Agreement and/or features of the SCMP Print Service without notifying you.  

 

2.7       SCMP reserves the right to change, alter and/or modify the design, layout, pages, look and feel and/or any other aspects or features of the SCMP Print Service from time to time.  SCMP further reserves the right to discontinue all or part of the SCMP Print Service from time to time without notifying you.

 

2.8       You agree to review this SCMP Print Agreement periodically to ensure that you are aware of any modifications.  Your continued subscription for the SCMP Print Service shall be deemed your conclusive acceptance of the modified SCMP Print Agreement.

 

2.9       SCMP may also impose limits on certain features and services in respect of the SCMP Print Service.

 

2.10      You represent that you have read and agree to be bound by SCMP's Personal Information Collection Statement at www.scmp.com/privacy-policy. 

 

2.11      If you are an entity, your subscription for the SCMP Print Service may be governed by a separate subscription agreement in addition to the terms and conditions of this SCMP Print Agreement.  In this regard, SCMP has the sole and full discretion and its determination shall be final.

 

3.         CONTENT AND INTELLECTUAL PROPERTY RIGHTS

3.1       SCMP Content

3.1.1    All intellectual property rights in the SCMP Content, including but not limited to the copyright in the compilation of all Content on the SCMP Print Service, shall remain with SCMP. 

3.1.2    The trademarks, logos, service marks and other marks of SCMP (“SCMP Marks”) displayed on the SCMP Print Service are the sole property of SCMP.  You are not permitted to use any SCMP Marks without the prior written approval of SCMP. 

 

3.2       Third Party Content

3.2.1    The trademarks, logos, service marks and other marks of any third parties (“Third Party Marks”) and all Third Party Content remain the sole property of the relevant third party(ies).

3.2.2    In respect of the Third Party Marks, you are not permitted to use any of the same or the name of such third party(ies) without the prior written approval of such relevant third party(ies).

 

4.         SUBSCRIPTION FEES

All stated subscription fees for the SCMP Print Service are subject to change without any prior notice.  This rate is applicable to subscriptions within Hong Kong only.  

 

5.         BASIS OF SUBSCRIPTION CYCLE

The subscription fees for each annual package of the SCMP Print Service are based on a 363-day cycle.  Each annual package of the SCMP Print Service includes 363 issues of SCMP Print.  

 

6.         NEW AND RENEWAL

6.1     At the time of your subscription of the SCMP Print Service, you shall notify SCMP of your choice of either home/office delivery of or redemption of the SCMP Print Service.   .  

6.2     All renewal(s) of subscription for the SCMP Print Service, if applicable, must be communicated to SCMP at least one (1) Business Day prior to the commencement date of delivery or redemption (if applicable), and all renewals shall be effective only after SCMP's receipt of the relevant full payment(s) of subscription fees and other charges (if applicable) and SCMP's acceptance of and confirmation of such renewals, and delivery and redemption (if applicable).  In this regard, SCMP has the sole and full discretion and its determination shall be final.

 

7.         DELIVERY

7.1       Acceptance of delivery of the SCMP Print Service to an address provided by you is at the sole discretion of and subject to confirmation by SCMP.  In this regard, SCMP has the sole and full discretion and its determination shall be final.

 

7.2       Delivery time of subscription varies by district.  SCMP will arrange delivery at earliest possible time depending on actual situation.

 

7.3       If Typhoon Signal No.8 is hoisted or Black Rainstorm Warning is issued on the relevant subscription date and the delivery is disrupted, subscription delivery lead time allowance shall be given.  SCMP shall not be responsible for any failure or delay in performance of its obligations because of circumstances beyond its reasonable control, including without limitation, typhoons, rainstorms, other acts of God and virus outbreaks.

 

8.         REDEMPTION

8.1       Acceptance of redemption of the South China Morning Post newspapers and Sunday Morning Post newspapers by you is at the sole discretion of and subject to confirmation by SCMP.  The SCMP redemption coupons (collectively the “SCMP Redemption Coupons”, and individually the “SCMP Redemption Coupon”) will be sent by registered mail to an address provided by you within five (5) Business Days of such SCMP confirmation.  The delivery of the SCMP Redemption Coupons is at your own risk.  There shall be no refund for any unused SCMP Redemption Coupons under any circumstances.  In these regards, SCMP has the sole and full discretion SCMP on all matters arising from or in connection with the use of the SCMP Redemption Coupons and its determination shall be final. 

 

8.2       SCMP Redemption Coupons are redeemable for South China Morning Post newspapers and Sunday Morning Post newspapers.  Each SCMP Redemption Coupon can be used once and can be used, as prescribed, in a single redemption of one copy of the current day South China Morning Post newspaper or Sunday Morning Post newspaper at 7-Eleven outlets in Hong Kong only (excluding outlets in Repulse Bay, and at AsiaWorld-Expo, Inspiration Lake at Hong Kong Disneyland, Hong Kong International Airport, and Ngong Ping Village).  The SCMP Redemption Coupons must be used on or before the expiration dates marked on such coupons.    

 

8.3       The SCMP Redemption Coupons cannot be exchanged for cash or cash equivalents. Photocopies or alterations of the SCMP Redemption Coupons in any way will not be accepted.  The SCMP Redemption Coupons cannot be used in conjunction with any promotional offers.  The SCMP Redemption Coupons will not be reissued in case of loss or damage.

 

8.4       SCMP is not and will not be responsible for any relationship you may have with any of the 7-Eleven outlets or for any failure by such outlets to provide you with a copy of the South China Morning Post newspaper or Sunday Morning Post newspaper

 

9.         INCENTIVE GIFT

All incentive gifts, if any, are offered on a first-come, first-served basis, while stocks last.  SCMP reserves the final right to change any gift items without any prior notice.  Lost gifts will not be replaced.  In this regard, SCMP has the sole and full discretion and its determination shall be final. 

 

10.         PRIVACY OF PERSONAL DATA

You should not place or submit any personal information or data to SCMP and/or for publication on the SCMP Print Service without first reading SCMP’s Personal Information Collection Statement at www.scmp.com/privacy-policy which sets out SCMP’s personal data use and privacy practices.  SCMP is committed to comply with the Personal Data (Privacy) Ordinance and any other applicable laws and regulations relating to personal data privacy.

 

11.       LIABILITY

11.1     Your Information

            You acknowledge and agree that:  (i) you shall be solely and fully responsible for your incorrect, inaccurate and/or outdated information provided to SCMP in relation to subscription for and delivery of the SCMP Print Service and your payment of subscription fees and charges (if applicable) and any related consequences including but not limited to inability to, delay of and/or cancellation of subscription for and/or delivery of the SCMP Print Service arising from or in connection with the same; and (ii) SCMP shall not be liable in any manner.

 

11.2     Third Party Content

SCMP shall not be liable in any way for the Third Party Content including but not limited to its accuracy, completeness, usefulness, relevance, timeliness or otherwise.

 

11.3     Force Majeure

            SCMP shall not be liable for any failure or delay in performance of its obligations under this SCMP Print Agreement because of circumstances beyond its reasonable control, including, without limitation, acts of God, typhoons, rainstorms, virus outbreak, government restrictions, strikes, wars, network failures or telecommunications failures.

 

12.       INDEMNITY

You agree to indemnify SCMP and its employees, officers, agents, contractors, readers and users and hold them harmless from and against all losses, claims, demands, actions, proceedings, costs (including but not limited to legal costs) and liabilities (including but not limited to statutory and tortuous liabilities) which may be suffered by or brought against SCMP and its employees, officers, agents, contractors, readers and users arising from or in connection with:

(a)       your subscription for the SCMP Print Service and/or your provision of information in relation to the SCMP Print Service;

(b)       your breach of any of the terms and conditions of this SCMP Print Agreement;

(c)       your contravention of any applicable laws or regulations; and/or

(d)       your violation of the rights of any person(s) and/or entity(ies).

 

13.       DISCLAIMER OF WARRANTIES

13.1     SCMP Print Service

SCMP makes no representation or warranty that the subscription for and functioning of the SCMP Print Service and the delivery of the same will be timely, uninterrupted, without error or omission; and

 

13.2     Content

            SCMP makes no representation or warranty regarding the reading of or use of or the results of the reading of or use of any Content on the SCMP Print Service in terms of its correctness, accuracy, reliability, usefulness, timeliness or otherwise. 

 

13.3     Third Party Content

            SCMP makes no representation or warranty regarding the reading of or use of or the results of the reading of or use of any Third Party Content on the SCMP Print Service in terms of its correctness, accuracy, reliability, usefulness, timeliness or otherwise. 

 

13.4     SCMP Content

SCMP makes every effort to ensure that all SCMP Content on the SCMP Print Service is accurate and complete to the best of SCMP’s knowledge.  However, SCMP provides the SCMP Content for informative purposes and on an ‘as is” basis only.  SCMP disclaims all warranties, express or implied, including but not limited to the implied warranties of satisfactory quality, merchantability and fitness for a particular purpose or the warranty of non-infringement to the extent permissible under law.

 

13.5     Professional or Expert Advice

The data, information and/or any Content made available on the SCMP Print Service are of a general nature and do not purport to contribute an offer or a provision of any professional or expert advice.  You should consult a qualified professional adviser or expert to obtain independent advice and verification of the information and data contained in the SCMP Print Service as necessary.

 

13.6     Third Party Products

You acknowledge and agree that SCMP does not endorse or recommend and has no control over the Third Party Products which are advertised or made available on the SCMP Print Service.

 

13.7     Reading of and Use of Information on the SCMP Print Service

You agree that all Content, statements, information, opinions, comments, suggestions and/or materials from SCMP, other readers, other users, third parties and advertisers on the SCMP Print Service should be read, used and relied upon only with care and discretion and at your own risk.  SCMP shall not be responsible for any loss or liability incurred by you arising from such reading, use or reliance.

 

14.       LIMITATIONS OF LIABILITY

14.1     In no event shall SCMP be liable to you or you shall hold SCMP liable for any losses, damages, liabilities and expenses under any causes of action (whether in contract or tort or otherwise) caused by the subscription for, delivery of, reading of or use of, or inability to subscription for, delivery of, reading of or use of, the SCMP Print Service, Content, SCMP Content and/or Third Party Content.

 

14.2     In the event that SCMP is liable for losses or damages in spite of Clause 14.1 of this SCMP Print Agreement, you agree that SCMP’s aggregate liability to you for any and all causes of action in relation to the subscription for, delivery of, reading of and/or use of the SCMP Print Service, Content, SCMP Content and/or Third Party Content, and to the terms and conditions of this SCMP Print Agreement, shall not exceed the total amount of subscription fees paid by you to SCMP for the SCMP Print Service prior to the time such liability arises.

 

14.3     Under no circumstance shall SCMP be liable for any indirect, special, consequential or incidental damages arising or resulting from the subscription for, delivery of, reading of or use of, or inability to subscription for, delivery of, reading of or use of, the SCMP Print Service, Content, SCMP Content and/or Third Party Content.

 

15.       SECURITY

15.1     You shall notify SCMP’s Customer Service at printsupport@scmp.com of any known or suspected unauthorised use(s) of the SCMP Print Service; and/or any known or suspected breach(es) of security, including but not limited to loss, theft, unauthorised disclosure(s) and/or use(s) of your credit card information (if applicable).

 

15.2     You are responsible for all subscriptions for, delivery of, usages of or activities on your use of the SCMP Print Service.  Any fraudulent, abusive, or otherwise illegal activity(ies) may be grounds for termination of your subscription for the SCMP Print Service, at SCMP’s sole discretion, and SCMP may refer you to appropriate law enforcement agencies.

 

16.       COMMUNICATIONS BETWEEN SCMP AND SUBSCRIBERS

16.1     You agree that SCMP may send electronic mail(s) or digital message(s) to you for the purpose of informing you of changes or additions to the SCMP Print Service.

 

16.2     SCMP reserves the right to gather and use information about your subscription(s) for, usage(s) and demographics, and agree to maintain your data privacy, in accordance with SCMP’s Personal Information Collection Statement at www.scmp.com/privacy-policy, and the Personal Data (Privacy) Ordinance.  For more information please read the SCMP’s Personal Information Collection Statement at www.scmp.com/privacy-policy.

 

17.       SUSPENSION AND TERMINATION OF SCMP PRINT SERVICE

17.1     Termination of the subscription for the SCMP Print Service must be communicated in writing to SCMP at least three (3) Business Days prior to the date of termination (at least seven (7) Business Days for one (1)-month trial package). Any unused portion of each subscription is refundable with HK$300 handling charge for one (1)-year package or two (2)-year package and HK$150 handling charge for six (6)-month package that are payable by you. If a premium (with its stated price) has been granted to you at the time of your subscription of the SCMP Print Service, SCMP will deduct from the refund amount a full amount of such premium. In the event that the full amount of such refund amount becomes negative after such deduction, you shall pay to SCMP for such negative amount.

 

17.2     SCMP may, at its sole discretion, terminate your subscription for the SCMP Print Service at any time during a subscription period by giving three (3) Business Days notice to you.  In the latter case, the balance subscription amount for the unused portion of the subscription will be refunded to you by way of credit card or cheque, as the case may be.  However, there shall be no refund if such termination takes place one (1) year after the subscription has commenced.

 

17.3     Termination under the provisions of this SCMP Print Agreement shall not affect SCMP’s rights in relation to any antecedent breach(es) or liability(ies) incurred prior to the date of termination nor shall it affect the coming into force or the continuance in force of any provision contained in this SCMP Print Agreement which is expressly or by implication intended to come into or continue in force on or after such termination.

 

17.4     SCMPP allows you to suspend your package(s) of the SCMP Print Service temporarily for a limited number of times in a year.  The minimum suspension period is three (3) days and the maximum suspension period is three (3) months on an annual accumulative basis.  Any suspension(s) and resumption(s) of service shall be communicated in writing to SCMPP at least one (1) Business Day prior to the date of commencement of suspension or resumption, as the case may be.  All annual and six (6)-month packages must be consumed within fifteen (15) months and nine (9) months respectively, otherwise they shall be regarded as automatically terminated.  Any suspensions of more than six (6) months in a year shall be deemed an automatic termination of your subscription; and no refund for the remaining balance of the subscription period shall be provided under any circumstances.

 

18.       REFUND

Refund(s) shall be calculated according to the paid subscribed rate regardless of the time and date of the termination.  At least four (4) weeks are to be allowed for the processing of refunds.

 

19.       LEGAL AND REGULATORY COMPLIANCE OBLIGATIONS

You acknowledge that SCMP may be required under applicable laws and/or regulations and/or upon receipt of instructions from governmental authorities or agencies and/or regulatory authorities to carry out acts which may be in breach of any of the terms and conditions of this SCMP Print Agreement.  In this connection, you agree not to hold SCMP liable or responsible.

 

20.       GENERAL

20.1     SCMP shall have the right to sub-license, sub-contract, assign or transfer its rights and obligations in this SCMP Print Agreement to any third party at its sole and absolute discretion.

 

20.2     No failure on the part of SCMP in exercising any right, power or privilege and no course of dealing between you and SCMP shall operate as a waiver thereof, nor shall any single or partial exercise of its right, power or privilege under this SCMP Print Agreement preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

 

20.3     SCMP reserves the right to amend the terms and conditions in this SCMP Print Agreement at any time without notice, if any dispute, SCMP reserves the final decision. 

 

20.4     SCMP and you expressly agree and acknowledge that the terms and conditions of this SCMP Print Agreement shall not be enforceable by and do not confer any right on any person entity or third party who is not a party to this SCMP Print Agreement by virtue of the provisions of the Contracts (Rights of Third Parties) Ordinance.

 

20.5     This SCMP Print Agreement shall be governed by and construed in accordance with the laws of Hong Kong.  You agree that any action arising under this SCMP Print Agreement shall be submitted to the non-exclusive jurisdiction of Hong Kong courts.

 

20.6     For enquiries, please contact SCMP’s Customer Relationship Hotline at (852) 2680 8822 or email to printsupport@scmp.com

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