THE CLIENT ACKNOWLEDGES THAT:
- the use of this Website is subject to technical defects or interruptions from time to time, and that Emperor Key Properties (HK) Limited “Emperor Key” makes no representation that the Website is free from any computer viruses or programs that may affect your electronic systems;
- Emperor Key shall not be responsible for any loss or damage to your data or computer system arising out of or in connection with the use of the Website and that the Client shall bear the sole responsibility in such circumstances;
- Emperor Key may amend, suspend or terminate (temporarily or permanently) the Website or the services provided under it, from time to time without notice and Emperor Key shall not be responsible for any loss or damage arising out of the amendment, suspension or termination of the Website;
- the use of this Website and the services provided under it is entirely at the Client’s own risk; and
- a cookie (i.e. a small data file that certain websites may send to your address when you visit them) can be enabled in some parts of this Website. If you prefer not to receive cookies, you can set out browser to warn you before accepting cookies and refusing them whenever your browser alerts you to their presence. You can also refuse all cookies by disabling them in your browser.
A list of Emperor Key’s range of property-related services is available on request. Emperor Key hereby represents to the Client, and the Client acknowledges, that:
- Emperor Key and its representatives work exclusively in relation to properties outside Hong Kong and are not required to be nor are licensed under the Estate Agents Ordinance (Cap. 511 of the Laws of Hong Kong) to deal with properties situated in Hong Kong;
- Emperor Key and its representatives have at no time made to the Client any warranties, promises or forecasts as to any expected return on investment or rental yields, and neither Emperor Key nor its representatives have the authority to make such warranties;
- Emperor Key and its representatives have not made, and shall at no time make, an invitation to enter into, or offered to enter into, an agreement to acquire, dispose of subscribe for or underwrite “securities” or a “regulated investment agreement” (as such terms are defined under the Securities and Futures Ordinance (Cap. 571) (the “SFO”)), nor made an invitation to acquire an interest in, or participate in, or offer to acquire an interest in, or participate in, a “collective investment scheme”, except where the applicable exclusions or exemptions under the SFO are applicable;
- Emperor Key and its representatives are not carrying on (and shall not carry on), nor holding themselves out as carrying on, a business in a “regulated activity” (as such term is defined in the SFO);
- Emperor Key and its representatives cannot and will not provide advice on taxation or the legal consequences of any arrangements and an Emperor Key representative has advised the Client that it should obtain independent legal and taxation advice;
- Emperor Key shall be entitled to negotiate with, receive and be compensated with payments and commissions from, property companies, financial institutions and/or other parties connected with the provision by Emperor Key of the Services to the Client, and Emperor Key shall on reasonable request by the Client, provide the Client with details of such transactions; and
- the Client expressly agrees that the use of this Website and the information contained herein is solely at the Client’s own risk.
In respect of all material, information and documents supplied by Emperor Key to the Client at any time (including all plans and specifications) (the “Material”), neither Emperor Key, nor any of its representative, officer, employee or adviser:
- has made or will make any representation or warranty as to the accuracy or completeness of the Material or that the Material is the information the Client may require or expect to find in respect of the subject matter or to make a fully informed decision on any course of action. All plans and specifications provided to the Client are provided as a guide only and are subject to variations, modifications and amendments as required by relevant authorities, developers and/or architects;
- accepts or will accept any responsibility for any interpretation, opinion or conclusion that the Client may form as a result of examining the Material;
- accepts or will accept any responsibility to inform the Client of any matter arising or coming to the notice of Emperor Key which may affect or qualify any Material which Emperor Key provides to the Client; or
- is or will be liable for any loss of any kind (including but without limitation damages, costs, interest, loss of profits, or special loss or damage) arising from an error, inaccuracy, incompleteness or similar defect in the Material or any default, negligence, or lack of care in relation to the preparation or provision of Material.
You should be aware that investment in properties may involve risks and the value of the properties and associated yields may go down as well as up. The property market is volatile and property prices may fluctuate widely. Whilst Emperor Key may undertake various background checks on the companies or financial institutions that it introduces to the Client, it is the responsibility of the Client to instruct their own financial advisers and solicitors to undertake due diligence and provide adequate and satisfactory advice to the Client before proceeding with any property related transaction.
LIMITATION OF LIABILITY
- Save as expressly set out herein and to the extent permitted by law, Emperor Key shall not be liable to the Client or any third party for any loss, liability or expense arising out of or in connection with any acts or omissions of Emperor Key, or any of its directors, officers, employees, contractors and agents, which are done negligently, or deliberately with intent to cause loss, liability or expense, or recklessly and with actual knowledge that such loss, liability or expense would probably result.
- Emperor Key shall not be liable to the Client or any third party (whether in contact, tort (including negligence), breach of statutory duty or otherwise) arising out of or in connection with this Agreement for any loss of profit, production, data, goodwill or business opportunities or anticipated savings or benefits or for any type of indirect, special or consequential loss, even if that loss or damage was reasonably foreseeable or that party was aware of the possibility of that loss or damage arising.
- Any claim for breach of contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in connection with this Website shall be brought within two years of the act or omission alleged to have caused the loss, liability or expense in question.
- No provision herein set out shall exclude or limit the liability of Emperor Key for death or personal injury caused by its negligence or for fraud or in respect of any other liability arising out of or in connection with this Website which cannot be excluded or restricted by law.
These provisions shall be exhaustive of the remedies for monetary damages of the Client or any third party against Emperor Key arising out of or in connection with this Website.
If an agent of Emperor Key provides information to the Client no representation, warranty, condition or other term express or implied is made by Emperor Key as to the content, quality or veracity of such information.
Any copyright or other intellectual property rights of whatever nature which subsist or may subsist in the presentation and/or content of the Website shall remain the property of Emperor Key.
ADMISSION TO EMPEROR KEY EVENTS
The right to admission to Emperor Key event or seminar is reserved by the event manager. The event manager may take health and safety, environmental, security and other concerns into account at their reasonable discretion, and may from time to time carry out security searches. No refunds will be offered to customers who are refused entry or ejected from an event or seminar on account of late arrival, declining to be searched, being abusive, threatening, drunken or other antisocial behavior (including smoking in no smoking areas), carrying offensive weapons or illegal substances, or making unauthorised audio, video or photographic recordings.
WEBSITE PRIVACY STATEMENT
This Statement sets out the policy of Emperor Key in connection with the collection and use of your personal data through this Website.
GENERAL STATEMENT OF PRINCIPLE
Emperor Key respects the privacy of the users of this Website, and complies with its obligations under the Personal Data (Privacy) Ordinance (Cap. 486), the governing legislation in Hong Kong.
KINDS OF PERSONAL DATA HELD
There are two broad categories of personal data held by Emperor Key. They are personal data contained in:
- Customer files and records, which include records containing information supplied by visitors to our Website or other wise voluntarily supplied to Emperor Key by clients or potential clients; and
- Other records, which include administration and operational files and personal data provided to Emperor Key in respect of promotional, operational and administrative activities (including the personal data of service suppliers to Emperor Key).
PURPOSE OF HOLDING YOUR PERSONAL DATA
Emperor Key holds your personal data for the following purposes:
- Customer files and records are kept for the purpose of facilitating the provision of information to you about Emperor Key, including the range of property services and related activities offered to clients of Emperor Key; and
- Other records are kept for various purposes which vary according to the nature of the record, such as administration of office functions and activities, promotional and marketing activities, selection of service suppliers, and so forth.
HOW WE COLLECT PERSONAL DATA
While browsing an internet site, collection of personal data without a user’s express consent will occur. The services provided on this Website:
- do not use IP address (Internet Protocol Addresses) to collect information. However, IP addresses are stored in navigation information;
- use navigation data as aggregate data for statistical purposes only;
- do not use internet tags.
This Website applies the following policy to the active collection of personal data:
- E-Mail: Data received by e-mails sent to the Website are used to reply to requests in those e-mails and are then stored for statistical purposes.
- Mailing List: Names are included in mailing lists only if the express consent of the recipient has been obtained.
- Registration: Data received upon completion of on-line forms are used to reply to requests for services set out in those on-line forms.
Personal data is also collected by Emperor Key when it receives forms, applications, correspondence and other documents from its clients and other individuals.
HOW WE USE YOUR PERSONAL DATA
Emperor Key may use your personal data to:
- provide you with information about Emperor Key including the range of events and property services offered to clients of Emperor Key;
- liaise with property developers and vendors and other service providers to Emperor Key (including agents, introducers, lawyers) in connection with property services provided to you;
- verify your identity;
- confirm payment details with banks or credit card companies;
- send you, upon your prior consent, information about other services provided by Emperor Key;
- liaise with government and regulatory authorities as required by law;
WHO CAN WE DISCLOSE YOUR PERSONAL DATA TO?
Your personal data may be disclosed by Emperor Key to:
- other companies in the Emperor Key group;
- professional service providers to Emperor Key (such as agents, legal advisers, financial advisers, and other professionals);
- service providers to Emperor Key in connection with the maintenance and operation of this Website;
- government and regulatory authorities as required by law; and
- other persons who are under a duty of confidentiality to Emperor Key, or to lawful successors and assigns of Emperor Key.
ACCESS TO YOUR PERSONAL DATA
You have a right to:
- i. request access to your personal data;
- ii. correct any errors in your personal data;
- iii. upon payment of a reasonable fee, obtain a copy of your personal data; and
- iv. upon written request, withdraw your consent to the use by Emperor Key of your personal data. However, if you withdraw your consent, then Emperor Key may not be able to provide property services to you or to contact you.
Accordingly, you assume all responsibility and risk for reliance upon and the use of the Content and, we, our agents, directors, officers, employees, representatives, successors, and assigns expressly disclaim any and all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from:
We and our representatives only work in relation to real estate located outside Hong Kong. Therefore we are not licensed under the Estate Agents Ordinance (Cap. 511 of the Laws of Hong Kong) to deal with Hong Kong real estate (nor are we required to be so licensed).