arounddb.com and Around DB magazine are operated by Bay Media Limited, a Hong-Kong registered company (Number: 58526806). The term “you”, ”User” or “Reader” refers to the user, visitor or advertiser of arounddb.com or the reader or advertiser of Around DB magazine. Using the “Service” may include any of the following or a combination thereof: (a) access to the strong search engine available on arounddb.com; (b) process that will facilitate the uploading of your posts in the property or directory section (content and photos); (c) online banner advertising; (d) advertising in Around DB magazine; (e) any associated or ancillary service we agree to provide you; (f) banner impressions run on arounddb.com or other site statistics run on arounddb.com for the purpose of improving the efficiency of the site. The terms Bay Media or Bay Media Limited or Bay Media Ltd refer to the company and or any of it partners, directors, officers, employees and third-party content providers.
3. Change of terms
4. Limitations of use
1) The user shall use arounddb.com for lawful purposes only. You should not post or transmit through arounddb.com any data (including content and pictures but not limited to) which violates or infringes in any way upon the rights of others, which is unlawful, misleading, deceptive, which is invasive of privacy, abusive, defamatory, threatening, vulgar, obscene, or otherwise objectionable or which encourages unlawful conduct. The user acknowledges that his/ her failure to do so may subject him/ her to civil and criminal liability.
2) arounddb.com and Around DB magazine contain copyrighted materials including but not limited to content, trademarks, photos, illustrations and graphics. Bay Media Limited owns the copyright in the materials and in the selection, arrangement and layout of the information. Modification, copy, sale or use of the data in whole or in part, except as expressly approved by Bay Media Limited in advance and in writing, violates our intellectual property rights. Under no circumstances you may copy, republish, download, redistribute, in whole or in part, any of the copyrighted materials found in arounddb.com or Around DB magazine unless it’s for personal or non-commercial use. In the event of permitted copying, distribution, downloading of whole or part of arounddb.com or Around DB magazine, any material should not be altered from its original content or graphics, a quote should not be used out of context and the Around DB copyright notice must be included.
3) The user should not make available, post or upload to arounddb.com any data that contains viruses or any other computer code, corrupted files or programmes aimed at disrupting the correct functioning of the site. The user should not make available any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
4) The user submitting material to any part of arounddb.com or Around DB magazine grants Bay Media Limited the royalty-free, perpetual, irrevocable, non-exclusive right to use, modify, adapt and distribute such material in part or in whole in any of Bay Media Limited media.
5. Disclaimer and limitation of liability
arounddb.com and Around DB magazine are made available to the public by Bay Media Ltd. It’s provided on an “as is” and “as available” basis. As we strive to keep the content error free, updated and uninterrupted, the user agrees that the use of arounddb.com and Around DB magazine is at the user’s sole risk. Neither Bay Media Ltd nor its affiliates, any of their respective directors, officers, employees and third-party content providers make any warranty of the accuracy or reliability of any data provided through arounddb.com or Around DB magazine, make no warranty that the site is free of viruses or other harmful components, or free of technical inaccuracies, omissions or typographical errors.
Neither Bay Media Ltd nor its affiliates, any of their respective directors, officers and employees and third-party content providers are liable for any direct, incidental, consequential, indirect or punitive damages arising out of the user’s access to, or use of arounddb.com or Around DB magazine, or for any failure of performance, error, omission, interruption, delay in transmission, delay in publishing, computer virus, unauthorised access to, alteration of data under any cause of action. The user acknowledges that Bay Media Ltd is not liable for the unlawful, defamatory or objectionable conduct of other users or third parties and that the risk of injury rests entirely with the user.
In no event will Bay Media Ltd or any person or entity involved in producing, creating or delivering arounddb.com or Around DB magazine be liable for any damages, including but not limited to, direct, indirect, special, punitive, incidental or consequential damages direct, incidental, consequential, indirect or punitive damages arising out of the user’s access to or inability to access to, or use of arounddb.com or Around DB magazine.
In no event will Bay Media Ltd, its affiliates, any of their respective directors, officers and employees and third-party content providers be liable, regardless of the cause or duration, for any claims and losses of any nature including, but not limited to, loss of profits, punitive and consequential damages prior to the execution of a transaction arising therefrom or occasioned thereby. Neither Bay Media Ltd nor its affiliates make any warranty for the results obtained from the use of the information, services, products and materials available from arounddb.com or Around DB magazine. The user agrees to hold harmless and defend Bay Media Ltd, its affiliates, their respective directors, officers and employees from and against all claims and expenses, including but not limited to legal fees arising out of the use of arounddb.com or Around DB magazine.
Your acceptance of this disclaimer and limitation of liability is an essential term of this agreement and your acceptance is essential to get granted access to arounddb.com.
6. Intellectual Property
8. Third party websites and content
In most cases, the content available on arounddb.com or Around DB magazine represents the opinions of the respective information provider and advertisers. The goods and services advertised on arounddb.com or Around DB magazine are provided by the third party retailers and service providers under their own terms and conditions for their use which we do not have control over. Bay Media Ltd takes no responsibility for the quality of service related to the goods and services provided and shall not be liable for any loss or damage resulted from the use or engagement of them. The use or engagement of them constitutes direct dealings between the user and the particular third-party retailers and service providers. In addition, third party retailers and service providers may amend at any time, without prior notice, their own terms and conditions or terminate their use or engagement, and Bay Media Ltd cannot be held responsible for informing the user of any such change or termination.
9. Emails sent to estate agents and third-party providers
arounddb.com provides the user with the possibility to email estate agents or third-party providers. arounddb.com reserves the right to monitor those emails and not to forward them to the relevant estate agent or third-party provider if, in its reasonable opinion, it considers that the content of the emails or any attachment, or any part or parts thereof, contains any objectionable content that is not related to a bona fide business enquiry or for any other reason that arounddb.com in its discretion may decide. arounddb.com cannot be held responsible for the timing or content of any replies from estate agents or third-party providers. In no event does Bay Media Ltd be liable for any attachments to emails sent to or by estate agents or third party providers with virus or that is not compatible with the user’s systems.
10. Uploading posts in the property and directory sections
(1) Acceptable use: Use the Service for the bona fide listing of property or business, on behalf of the person/ entity entitled to offer the product or service, for a fee or for free and in accordance with the terms of this document.
(2) It’s not acceptable: Use the Service to engage in any of the following practices, or to allow anyone else to engage in the following practices, in using the Service: (a) Posts other than property listings or business listings; (b) Post listings not in the designated category and/ or subcategory, (c) Each post uploaded by you must be a bona fide post; (d) Misuse of fields: placing irrelevant information in an information, description or picture field. You must only use the information, description or picture fields for inserting information that is intended for those fields; (e) Wrong pictures: displaying a photograph, drawing or other image that is not a photograph, drawing or image of the item or property intended to be offered for sale or lease; (f) False information including but not limited to using location names that are not deliberately incorrect; (g) Duplicate postings; (h) Animated logos and large files; (i) Posting without authority (for example: listing a property that you have not been authorised to market for sale or lease); (j) Impersonating other persons; (k) Reselling the
Service or its contents to any other person; (l) Allowing others to use the Service; (m) Using the Service to advertise properties for sale or lease in a region or country in which you do not hold a current agent’s licence; (n) Misleading or deceptive concept; (o) Other inappropriate content including but not limited to unlawful, illegal, malicious or improper purpose, or any content that may defame or discredit another person or business, may disclose private, personal or confidential information, might be considered obscene, offensive, menacing or abusive, might infringe the intellectual property rights of others, may violate any law, regulation, standard, content requirements or code promulgated by any relevant authority or industry body.
(4) Approval of posts/ reviews: Each post and review uploaded to the website will be automatically added to an approval waiting list. Our administrator will confirm each post. You will get a notification of the approval as soon as it is done.
(5) 30 days automatic drop of a post: In order for our classifieds search to be updated, accurate and relevant to our visitors, all posts uploaded to the property system will be dropped and become unpublished automatically after 30 days. You will get a notification via the email address you provided in your account. Upon receipt of this notification, you will be able to republish the post as is or after editing for an additional 30 days. Otherwise, the post will stay in your account until you choose to delete it or republish it.
(6) If you use the Service in way that breaches this Term of Use, you are in breach of your agreement with us for your use of the Service. Breaching this Term of Use may result in us taking action to remedy the breach. This might include: suspending your subscription in arounddb.com; deleting a specific posting or any other action that we are permitted to take under our agreement with you and according to the Hong Kong law.
11. International Use
arounddb.com may not be available for use in locations outside the Hong Kong Special Administrative Region.
15. Contact arounddb.com
Bay Media Ltd
Address: 6E, Elegance Court, Discovery Bay, Lantau Island, Hong Kong
Tel: +852 2987 0167
Email: [email protected]
ADVERTISING TERMS & CONDITIONS
1. All advertisements are accepted and published by the Publisher in reliance upon the representations of the Agency and/ or the Advertiser that such party is authorised to publish the entire contents and subject matter thereof and that the advertisement or part thereof or the publication of the advertisement does not in any way violate or breach any of the laws of the Hong Kong Special Administrative Region. In consideration of publication of an advertisement, the Advertiser and his Agency, if such is a party to this agreement, jointly and severally agree to indemnify and hold harmless the Publisher, its officers, agents and employees in respect of all or any costs, damages or other charges falling upon the Publisher including but not limited to legal actions or threatened legal actions a rising from the publication of any advertisement together with any and all other losses resulting from the publication of any advertisement by the publisher, including but not limited to any claims or actions in respect of libel, slander, violation of any rights of privacy, copyright infringement, violation of trademark or any other intellectual property rights.
2. The usual fifteen percent (15%) Agency Commission discount are available to Advertising Agencies recognised by the Publisher.
3. Any Agency Commission shall be valid and maintained only if all accounts due and payable to the Publisher are paid in full as per the credit term agreed upon as printed on the contract or within such a period as agreed to in writing between the Publisher and the Advertiser or Agency concerned. Non-payment of accounts or invoices or failure to provide the Publisher with advertising materials as and when required and in the format specified by the Publisher is a ground for the Publisher to revoke this contract. On revocation, the Advertiser shall pay the Publisher the sums detailed in Clause 7 herein. The Publisher shall not be liable for any loss or damage arising as a result of non-publication and cancellation of the relevant contract.
4. Any advertising contract will be considered completed when the total value of the contract has been fulfilled. Advertisement sizes may be increased with the permission of the Publisher. However, advertisement sizes booked may not be decreased. All advertisements must be published within the contract period, which may under no circumstances exceed one year.
5. For the avoidance of doubt, in the event of any Advertiser or its Agent withdrawing any advertisement or failing to provide the Publisher materials required to effect publication before the Publisher’s deadline, the Advertiser or Agent is responsible for full payment of all and any of the advertising space booked and contracted. And in no case may the Advertiser or its Agent postpone payment for a booked advertisement for any reason whatsoever. In the event of advertising copy instructions and/or advertising materials not being received before the Publisher’s deadline, the Publisher reserves the right to repeat a previous advertisement of the same size or to run a house advertisement in respect of which the Advertiser will be liable for full payment. The Publisher bears no responsibility for neither the publication of, nor the reproduction quality of advertising materials that are submitted after the Publisher’s deadline as stated in respect of receipt of advertising materials.
6. The Advertiser may only cancel this contract by sending a request for cancellation in writing via registered mail to the Publisher. The Publisher shall not be bound by any stop orders, cancellations, transfers of advertisements or requests for special or specified positions received after the booking closing date as defined on the Publisher’s rate card. If this contract is cancelled, the Advertiser or Agent for the Advertiser as a party hereto if appropriate hereby agrees to pay the Publisher the relevant rate on the Publisher’s rate card, without discounts, for all and any advertisements published. The Advertiser further agrees to pay the Publisher on demand in addition to any costs required to effect recovery from the Advertiser, an administration fee of HK$5,000. The Publisher holds the right to cancel the contract and recover the aforementioned cancellation costs if the advertiser fails to complete the contract by the expiry date.
7. The Publisher reserves the right to suspend/ stop any contracted advertisements should the advertiser fail to abide with the payment/credit terms as determined on the contract.
8. The Publisher will use its best endeavours to adhere to any schedule of dates for publication and in respect of requested positions for advertisements, but does not give any warranty of guarantee in respect thereof. It is a condition of acceptance of advertisement orders that no such warranty or guarantee is given.
9. The Advertiser may request that insertion dates of an advertisement be amended and any such request shall be made in writing to the Publisher and received at least ten (10) days prior to material deadline as defined on the Publisher’s rate card. Any amendments to the insertion dates will be made at the Publisher’s sole discretion. Requests for any alterations of insertion dates not received in writing within ten (10) days prior to material deadline will not be accepted.
10. The publisher at all times reserves the right to edit, revise or reject in whole or part any advertisement with or without notice to the Advertiser and shall not in any way be liable for any loss or damage arising as a result of non-publication or amendment nor shall the Publisher provide any refund or other compensation in the event of non-publication or amendment as aforesaid.
11. The Publisher, its employees or agents shall not be responsible for errors in the insertion or omission of any advertisement, the content thereof and/ or any damage or loss howsoever occurring to drawings, films, photographs or other materials provided to the Publisher for the purpose of or in connection with any advertisement. Unless claimed by the Advertiser, all advertising materials provided to the Publisher will be disposed of after two months of publication date or proposed publication date without further notice.
12. Agreements, conditions, rates, rules or regulations not set forth or described herein or appearing in the Publisher’s Advertising rate card or technical specifications will not be binding and the Publisher hereby gives notice that such are produced for the guidance of Advertisers only.
13. The Publisher reserves the right to revise advertising rates upon written notice at any time in respect of any publication. The Publisher also reserves the right to revise and vary the circulation quantity in respect of any publication without prior notice. Advertising rates appearing on contracts do not guarantee any fixed circulation quantity and no warranty of such is made. The Publisher is not bound by any verbal or written circulation claims.
14. All complaints or claims regarding advertisements published must be made in writing to the Publisher within three (3) days following the date of publication and sent by registered post or recorded delivery to the registered office of the Publisher. No complaint or claim will be honoured if advertising material does not conform to the Publisher’s current technical specifications. Copies of the technical specifications are available from the Publisher upon request.
15. The Advertiser understands and agrees that editorial coverage is entirely unconnected to advertising. The Publisher does not promise any editorial coverage whatsoever in exchange for advertising. Both parties agree that no promise or guarantee of editorial coverage has been made or implied.
16. The placing of an order with the Publisher for the insertion of an advertisement shall amount to full acceptance of all the above conditions. Any further conditions stipulated in the Publisher’s order form or elsewhere by the Publisher shall be void in so far as they are in conflict with the above conditions.
17. This contract forms the entire agreement between the parties. Both parties agree that the publisher shall not be bound by any other communication between the parties, whether written or verbal, save and except an Advertisement Amendment Form duly signed by both parties. Quotations, sales letters and proposals by the Publisher shall in no way be binding on the Publisher. Both parties further agree that no terms or conditions applied by the advertiser to an order for advertising shall be binding on the Publisher.
18. The Publisher reserves the right to amend, vary, replace or cancel any of the aforementioned terms and conditions without prior notice to the Advertiser. The Publisher shall in no way be liable for any loss or damage arising as a result of changes to the terms and conditions herein.
19. Any views expressed in articles and advertisements appearing in the Publication are not endorsed by the Publisher. No responsibility is accepted by the Publisher for the accuracy of any information contained in any articles or advertisements.