Terms & Conditions
1. Terms of Use
Please read these terms of use ("Terms of Use") carefully as they apply to your access and use of our services, including our websites, APIs, email notifications, applications, and widgets ("Services"). Your access to and use of the Services signifies your acceptance of these Terms of Use.
2. Other Applicable Terms
2.1 These Terms of Use refer to additional terms in our Privacy Policy, which also apply to your use of our Services.
2.2 By using our Services, you consent to our processing of personal data as described in our Privacy Policy and agree to receive certain communications from us as part of the Services.
3. Changes to Terms
We may amend the Terms of Use at our discretion without notice. Continued use of the Services signifies your acceptance of the amended terms.
4. Changes to Our Services
4.1 Our Services are always evolving and may change without prior notice. We may stop providing the Services or create limits on use and storage without notice.
4.2 We make no guarantees about the accuracy or completeness of our Services or content.
5. Accessing Our Services
5.1 Our Services are free of charge.
5.2 We do not guarantee uninterrupted availability of our Services and may suspend or change them without notice.
5.3 You are responsible for your access arrangements and ensuring compliance with these Terms of Use by all who use the Services through your internet connection.
6. Your Licence to Use the Services
New Digital Noise grants you a personal, non-transferable, non-exclusive licence to use our software as part of the Services.
7. Our Intellectual Property Rights
7.1 All intellectual property rights in the Services belong to New Digital Noise or are licensed to us. You may not reproduce, distribute, or create derivative works without our permission.
7.2 We may use any feedback you provide without payment to you.
8. Limited Liability and Warranty
8.1 The Services are provided "as is". We make no warranties of any kind and limit our liability to the maximum extent permitted by law.
8.2 Our liability is limited to HKD 1,000.
8.3 We are not liable for any direct, indirect, incidental, or consequential damages arising from your use of the Services.
9. Content Copyright Policy
9.1 We respect intellectual property rights and will respond to notices of alleged copyright infringement. Contact us at info@newdigitalnoise.com for such notices. 9.2 We reserve the right to remove infringing content without prior notice.
10. Use of the Services
10.1 We may suspend or terminate users and access any information as necessary to comply with laws, enforce these terms, or protect our rights.
10.2 We do not guarantee that our Services are secure or free from bugs or viruses. You are responsible for using virus protection software.
11. Linking to Us
You may link to our Services if it is fair and legal and does not damage our reputation or suggest any form of association without our consent. We can withdraw linking permission without notice.
12. Third-Party Links and Resources
12.1 We have no responsibility for third-party services and websites linked from our Services.
12.2 You agree that we may place advertisements on the Services and that such advertisements do not constitute endorsements.
13. Indemnity
You agree to indemnify us against all liabilities arising from your breach of these Terms of Use and your use of the website.
14. Severance
If any provision of these Terms of Use is deemed illegal or unenforceable, it will not affect the legality or enforceability of the remaining provisions.
15. Several Users
If multiple persons adhere to these Terms of Use as users, their liability is joint and several, and their rights are joint.
16. Waiver
No delay or failure to exercise any right or remedy shall constitute a waiver of that or any other right or remedy.
17. Termination
17.1 These Terms of Use will continue until terminated by either you or us.
17.2 You may terminate your agreement by discontinuing use of the Services.
17.3 We may suspend or terminate your accounts or the provision of Services at any time without notice.
18. Governing Law and Jurisdiction
These Terms of Use are governed by the laws of the Hong Kong Special Administrative Region. You agree to submit to the exclusive jurisdiction of the Hong Kong courts.
19. Languages
In case of discrepancies between the English and Chinese versions of these Terms of Use, the English version shall prevail.