Introduction
These Terms of Service govern your access to and use of the website located at https://www.chongnai.mom and the computer systems design and integration services provided by Gilbury Limited. Please read these terms carefully before using the website or engaging our services.
By accessing our website, submitting an enquiry or engaging our services you confirm that you accept these terms and agree to comply with them. If you do not agree with any part of these terms you must not use the website or our services.
These terms operate together with our Privacy Policy, which explains how we collect, use and protect your personal information. Your use of the website is also subject to that policy.
Agreement to These Terms
These Terms of Service form a legally binding agreement between you and Gilbury Limited. The terms you, your and user refer to the individual or organisation accessing the website or using our services. The terms we, us, our and the Company refer to Gilbury Limited.
Your access to and use of the website is conditional upon your acceptance of and compliance with these terms. By continuing to use the website you represent that you have the authority to accept these terms, either on your own behalf or on behalf of the organisation you represent.
If you are using the website or our services on behalf of an organisation, you represent that you are authorised to bind that organisation to these terms. In that case the term you will refer to both you individually and the organisation you represent.
Definitions
The following definitions apply throughout these terms. The term services means the computer systems design, systems integration, cloud engineering, cybersecurity, managed services and related professional and technical services provided by Gilbury Limited.
The term website means the website located at https://www.chongnai.mom and any related pages, content, features and functionality made available through it. The term content means all text, graphics, images, software, code, data and other materials made available through the website or our services.
The term client means any individual or organisation that has engaged our services under a separate service agreement. The term personal information has the meaning given to it in our Privacy Policy.
Eligibility
To use our website and services you must be at least eighteen years of age, or the age of majority in your jurisdiction, and you must have the legal capacity to enter into a binding agreement. By using the website you represent that you meet these requirements.
If you are accessing the website on behalf of an organisation you must be authorised to do so. We reserve the right to refuse service to any person or organisation at our discretion where we believe the requirements of this section are not met.
Our services are intended for business and professional use. They are not directed to consumers acting for personal, domestic or household purposes, and nothing in these terms is intended to create rights under consumer protection laws that would not otherwise apply.
Our Services
Gilbury Limited provides computer systems design and related services to organisations across a range of industries. Our services include systems architecture, systems integration, cloud engineering, cybersecurity, managed services and data and analytics.
The specific scope, deliverables, timelines and pricing of any engagement are described in a separate written service agreement or proposal agreed between you and us. In the event of any conflict between these terms and a signed service agreement, the service agreement will prevail to the extent of the conflict.
We may modify, suspend or discontinue any part of our services at any time, although we will use reasonable efforts to provide notice of any material change and to honour existing commitments under a signed service agreement.
Our services are delivered by qualified engineers and technical professionals. We will keep you informed of progress at agreed intervals, respond to reasonable requests for information in a timely manner and treat the information you share with us as confidential in accordance with our obligations under any applicable service agreement and our Privacy Policy.
Acceptable Use
You agree to use the website and our services only for lawful purposes and in accordance with these terms. You must not use the website in any way that breaches any applicable law or regulation.
You must not attempt to gain unauthorised access to the website, the servers on which it is hosted or any systems or networks connected to it. You must not probe, scan or test the vulnerability of the website or attempt to bypass any security measures we have implemented.
You must not use the website to transmit any material that is unlawful, defamatory, obscene, infringing or otherwise objectionable, and you must not upload any material that contains viruses, malware or other harmful code. You must not engage in any activity that interferes with or disrupts the website or the servers and networks that support it.
You must not reproduce, duplicate, copy, sell, resell or exploit any portion of the website or our services without our express written permission. We reserve the right to terminate or suspend your access if we reasonably believe you have violated this section.
You are responsible for the accuracy of any information you provide to us. You agree to keep your contact details current and to notify us promptly of any change that may affect our ability to deliver the services. We are not responsible for delays or errors that result from inaccurate or out of date information provided by you.
Intellectual Property
The website and all of its content, including text, graphics, logos, icons, software and design elements, are the property of Gilbury Limited or its licensors and are protected by applicable intellectual property laws. All rights not expressly granted in these terms are reserved.
You may view, download and print pages from the website for your own internal business use, provided that you do not modify the content and that you retain all copyright and proprietary notices. You must not otherwise reproduce, distribute, display or create derivative works from any part of the website without our prior written consent.
Any software, deliverables or other materials we create for you under a service agreement will be licensed or assigned to you in accordance with the terms of that agreement. Nothing in these terms transfers ownership of any intellectual property to you except as expressly provided.
All trademarks, service marks, logos and trade names displayed on the website, including the Gilbury name and related marks, are the property of Gilbury Limited or their respective owners. Nothing on the website should be construed as granting any licence or right to use any trademark without the prior written permission of the owner.
User Content
Where you submit information to us through the website, such as through our contact form, you grant us a non exclusive licence to use, store and process that information for the purpose of responding to your enquiry and providing our services.
You represent that any content you submit does not infringe the rights of any third party and does not violate any applicable law. You are solely responsible for the accuracy and lawfulness of the content you submit to us.
We do not claim ownership of content you submit, but we may retain copies of it as reasonably necessary for our business records and to comply with legal obligations. Our handling of personal information is described in our Privacy Policy.
Fees and Payment
The fees for our services are described in the service agreement, proposal or quotation we provide to you. Unless otherwise stated, fees are payable in the currency and according to the schedule set out in that document.
Payment terms, including any applicable taxes, will be specified in the service agreement. Where a deposit or advance payment is required, work will not commence until the required payment has been received in full.
Where payment is not received by the due date we may suspend work or withhold deliverables until payment is made. We may also charge interest on overdue amounts at the rate permitted by applicable law. You are responsible for all taxes and duties applicable to your purchase of our services.
We may issue invoices electronically or in hard copy, as agreed. Each invoice will itemise the services provided during the relevant period and will state the amount due and the payment due date. If you believe an invoice is incorrect you must notify us in writing within a reasonable period so that we can investigate and resolve the matter.
Third Party Services
Our website may contain links to third party websites and our services may integrate with third party products and platforms. These third party services are not under our control and we are not responsible for their content, availability or performance.
Your use of any third party service is subject to the terms and conditions and privacy policies of that third party. We do not endorse any third party service and we accept no liability arising from your use of them.
Where we integrate third party software or infrastructure as part of a service engagement, the relevant third party terms may apply in addition to these terms. We will identify any material third party dependencies in the service agreement.
We may collect and use information from third party services in the course of delivering our services. Any personal information received from third parties will be handled in accordance with our Privacy Policy and the terms agreed with the relevant third party.
Disclaimer of Warranties
The website and our services are provided on an as is and as available basis, to the maximum extent permitted by law. We make no warranties or representations of any kind, whether express or implied, regarding the website or our services.
Without limiting the foregoing, we do not warrant that the website will be uninterrupted, error free, secure or free from viruses, or that any defects will be corrected. We do not warrant that the results obtained from the use of the website or our services will be accurate or reliable.
We disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose and non infringement, to the fullest extent permitted by law. Your use of the website is at your own risk.
Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions the exclusions set out in this section will apply to the maximum extent permitted by law, and any remaining warranties will be limited in duration to the minimum period required by law.
Limitation of Liability
To the maximum extent permitted by law, Gilbury Limited and its directors, officers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, loss of data, loss of goodwill or loss of business opportunity, arising out of or in connection with your use of the website or our services.
Our total aggregate liability arising out of or in connection with these terms, the website or our services, whether in contract, tort or otherwise, will not exceed the greater of the amount you have paid to us for the services in the twelve months preceding the event giving rise to the claim or one hundred United States dollars, where no services have been paid for.
Nothing in these terms limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
Indemnification
You agree to indemnify, defend and hold harmless Gilbury Limited and its directors, officers, employees and agents from and against any claims, liabilities, damages, losses, costs and expenses, including reasonable legal fees, arising out of or in connection with your use of the website, your breach of these terms or your violation of any law or the rights of a third party.
This indemnification obligation will survive the termination of these terms and your use of the website. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defence of the matter.
Termination
We may terminate or suspend your access to the website immediately, without prior notice, if we reasonably believe you have breached these terms or if your continued use would expose us or others to legal liability.
You may stop using the website at any time. Termination of a service engagement is governed by the terms of the applicable service agreement.
Upon termination, the provisions of these terms that by their nature should survive will continue to apply, including the provisions relating to intellectual property, disclaimers, limitation of liability, indemnification and governing law.
Termination of these terms does not affect any rights or obligations that have already accrued before the date of termination. Any outstanding amounts owed to us remain payable notwithstanding termination, and any confidential information received before termination remains subject to the confidentiality obligations that applied to it.
Governing Law and Dispute Resolution
These terms are governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of Hong Kong in connection with any dispute arising out of or relating to these terms.
Before commencing any formal legal proceedings, we encourage you to contact us to seek an informal resolution. Many disputes can be resolved quickly and amicably through direct communication between the parties.
If a dispute cannot be resolved informally, the parties may agree to submit the dispute to mediation or arbitration as an alternative to litigation. Nothing in this section limits either party from seeking injunctive or other equitable relief from a court of competent jurisdiction where necessary.
Changes to These Terms
We may update these Terms of Service from time to time to reflect changes in our services, legal requirements or business practices. When we make changes we will update the Last updated date at the top of this page.
Where changes are material we will take reasonable steps to bring them to your attention, such as by posting a notice on the website. Your continued use of the website after any change becomes effective will constitute your acceptance of the revised terms.
If you do not agree with the revised terms you should discontinue use of the website. Changes will not apply retroactively to disputes that arose before the change took effect.
Contact Information
If you have any questions, concerns or comments about these Terms of Service, please contact us using the details below.
Gilbury Limited
Rm 509 5/F THE CLOUD, 111 TUNG CHAU ST, Tai Kok Tsui, Hong Kong (HK)
Email: service@chongnai.mom
Telephone: +13469664228
We will acknowledge and respond to your enquiry as promptly as reasonably possible.