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WELCOME TO THE LOOKUP WEBSITE OF
RED BOOK AUTOMOTIVE DATA SERVICES LTD
WARNING:
PERMISSION TO ACCESS THE LOOKUP WEBSITE IS CONDITIONAL ON YOU AGREEING TO THE TERMS AND CONDITIONS SET OUT BELOW. DO NOT CLICK ON THE "I AGREE" BUTTON UNTIL YOU HAVE READ AND ACCEPTED ALL OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU ACCEPT, YOU WILL BE LEGALLY BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
IF YOU DO NOT WISH TO ACCEPT THE FOLLOWING TERMS AND CONDITIONS, DO NOT CLICK ON THE "I AGREE" BUTTON.
DEFINITIONS used in this agreement:
"Information" means all information contained on the
Lookup website relating to the description and identification of motor
vehicles, the estimated wholesale and retail value of motor vehicles
and estimated future values of these motor vehicles (when new).
"Intellectual Property Rights" means all
intellectual property rights under the law of the Hong Kong Special
Administrative Region (HKSAR) including, but not limited to, the
following:
all rights arising under the Copyright Ordinance Law of the HKSAR and the Copyright (Suspension of Amendments) Ordinance Law 2001 of the HKSAR and the Prevention of Copyright Ordinance Law of the HKSAR;
all rights arising under the Lay-out Design (Topography) of Integrated Circuits Ordinance Law of the HKSAR and the Registered Design Ordinance Law of the HKSAR and the Registered Design Rules of the HKSAR;
all rights under the Patent Ordinance Law of the HKSAR and the Patents (General) Rules of the HKSAR; and
all rights under the Trademark Ordinance Law of the HKSAR and the Trademark Rules of the HKSAR
and all neighbouring rights.
"Term" means
12 months.
1. LICENCE
1.1 This is a licence. It
gives you certain limited rights to use the Information on a
non-exclusive, non-transferable basis. You do not become the owner of
the Information and RedBook retains title to, all of the Information
and any images incorporated in, or generated by the Lookup website
and all accompanying data.
1.2 Except to the extent specified
to the contrary in these terms and conditions, RedBook is not
required to support the Information or the Lookup website, whether by
providing advice, training or error-correction or other support. You
are responsible for obtaining and maintaining, at your expense, all
computer hardware, software, communication equipment and access lines
necessary to access and utilise the Information.
1.3 RedBook
has issued you with a password for accessing the Information via the
internet. You are responsible for maintaining the confidentiality of
this password and will be responsible for all activities and charges
resulting from the use of this password.
1.4 One license entitles the user to 2,000 accesses per annum.
1.5 RedBook may add, or revise any aspect of the Information.
2. LICENCE CONDITIONS
2.1 The
Information may only be accessed or used pursuant to this
Agreement.
2.2 You must not lend, lease, distribute or in any
other way provide the Information to any third party.
2.3 You
will ensure that the Information is viewed and presented by you in
the same manner as it was supplied by RedBook including all
copyright, trade mark and other notices, and disclaimers.
2.4
During the term of this Agreement, RedBook may update the
Information from time to time in its sole discretion. Such updates
may appear automatically upon you accessing the Information or may
occur by prompts which appear on the computer screen during access to
the Information.
2.5 The terms of this Agreement will apply
to all updates.
3. LICENCE FEE
You must pay the
licence fee agreed between you and RedBook.
4.
MODIFICATIONS
You must not modify or alter the Information
without RedBook's written consent unless otherwise provided by the
Copyright Ordinance Law of the HKSAR and the
Copyright
(Suspension of Amendments) Ordinance Law 2001 of the HKSAR and
the Prevention of Copyright Ordinance Law of the HKSAR.
5.
REVERSE ENGINEERING
Except to the extent permitted by the
Copyright Ordinance Law of the HKSAR and the
Copyright
(Suspension of Amendments) Ordinance Law 2001 of the HKSAR and
the Prevention of Copyright Ordinance Law of the HKSAR,
you
must not reverse assemble or reverse compile or directly or
indirectly allow or cause a third party to reverse assemble or
reverse compile the whole or any part of the Information.
6.
SECURITY
6.1 You are responsible for the supervision,
management and control of the Information.
6.2 You must use
reasonable endeavours to ensure that the Information is protected at
all times during this Agreement from unauthorised access or use by a
third party and from physical misuse, damage or destruction by any
person.
6.3 You must not create a text link to the Lookup
website.
7. RISK AND TITLE
You do
not acquire any rights in connection with the Information other than
those specified in this Agreement.
8. INTELLECTUAL PROPERTY
RIGHTS:
All copyright subsisting under the Copyright
Ordinance Law of the HKSAR and the Copyright
(Suspension of
Amendments) Ordinance Law 2001 of the HKSAR and the
Prevention
of Copyright Ordinance Law of the HKSAR, resides with the Red
Book. Apart from any fair dealing for the purposes of private study,
research, criticism or review as permitted under the Copyright
Ordinance Law of the HKSAR and the Copyright
(Suspension of
Amendments) Ordinance Law 2001 of the HKSAR and the
Prevention
of Copyright Ordinance Law of the HKSAR,, no part may be
reproduced, copied or transmitted in any form or by any means
(electronic, mechanical or graphic) without the prior written consent
of the RedBook. Any copying for fair dealing that is permitted under
the Copyright Ordinance Law of the HKSAR and the
Copyright
(Suspension of Amendments) Ordinance Law 2001 of the HKSAR and
the Prevention of Copyright Ordinance Law of the HKSAR,
shall
include a statement that the work is copyright owned by RedBook
Automotive Data Services (Beijing) Limited. You acknowledge that the
Information is the subject of copyright. You must not permit any act
which infringes the copyright.
9. LIMITATION OF
LIABILITY:
9.1 RedBook has provided the Information in
good faith. RedBook does not represent or warrant that the
Information is reliable, accurate or complete, or that the service
will be uninterrupted or error-free.
9.2 All terms,
conditions, warranties, undertakings or representations of any kind
in relation to the Information are, to the fullest extent permitted
by law, excluded. Without limiting the generality of the previous
sentence, RedBook excludes all liability (other than liability which
may not be lawfully excluded) for loss or damage (including indirect
or consequential loss or damage such as, without limitation, loss of
profit or anticipated profit, loss of data, loss of use, damage to
goodwill and loss due to delay) however caused (including without
limitation breach of contract, negligence and/or breach of statute)
which may be suffered or incurred or which may arise from or in
connection with your use or reliance on the Information.
9.3
If any Act implies in relation to the Information any term, condition
or warranty and that Act avoids or prohibits provisions in a contract
excluding or modifying the application of or exercise of, or
liability under, that term, condition or warranty, that term,
condition or warranty shall be deemed to be included in the terms of
your use of the Information provided that the liability of RedBook
for a breach of the applicable term, condition or warranty is limited
to, at the option of RedBook, any one or more of the following:
(1) If the breach relates to goods:
(a) The replacement of
the goods or the supply of equivalent goods; or
(b) The payment of
the cost of replacing the goods or of acquiring equivalent goods;
or
(2) If the breach relates to services:
(a) The supplying
of the services again; or
(b) The payment of the cost of having
the services supplied again.
10. INDEMNITY
You
indemnify RedBook against all losses and liabilities incurred by Red
Book including all legal costs (on a solicitor and own client or full
indemnity basis whichever is the greater) and other expenses arising,
indirectly or directly, as a result of or in connection with your use
of the Information or arising directly or indirectly as a result of,
or in connection with a breach by you of these terms and conditions
whether express or implied.
11. TERMINATION
This
agreement terminates when you fail to renew your subscription. If you
breach this agreement, the RedBook may terminate this licence
immediately by notifying you in writing.
12. ENTIRE AGREEMENT:
These
terms and conditions represent the entire agreement between you and
RedBook on the subject matter of these terms and conditions.