User Agreement

1. Acceptance of the Terms

These terms of service (“Terms”) set forth the agreement (“Agreement”) between Logistics and Supply Chain MultiTech R&D Centre Limited (“LSCM”, “we”, “us” or “our”), whose registered office is at Level 11, Cyberport 2, 100 Cyberport Road, Hong Kong, which is the owner and operator of https://espp2.lscm.hk website (the “PCS News Portal” or the “Portal”) and the PCS News Portal mobile apps (collectively our or the “Service”), and you (“you’ or “You”), a user of the Service.

By using the Service, you acknowledge and agreed to all of the Terms of this Agreement, which are presented to you when you create an PCS News Portal account, and available at all times when you access the Service. If you choose not to agree with any of these Terms, you are not allowed to use the Service.

2. Your Account

To use our Service, you are required to create a PCS News Portal account (“Account”) and provide us with a username, password, and certain other information about yourself as set forth in the Privacy Policy Statement.

You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify us if you discover or suspect that someone has accessed your Account without your permission.

LSCM is not responsible or liable for any damage or loss related to any unauthorized access or use of your Portal Account.

You may not license, sell or transfer your Account without our prior written approval.

3. Privacy

Our privacy policy in relation to the collection, use and transfer of your personal data collected through use of our Service are set forth in our Privacy Policy Statement.

4. Your Content

The Service may contain information, including but not limited to text, data, images, links, graphics, photos, videos, audio, streams and other materials (the “Content”), provided by the users of the Service.

By submitting your Content to the Service, you represent and warrant that you have all rights and authorizations necessary to post, submit, display, produce or otherwise transmit such Content. We take no responsibilities for the completeness, truthfulness, usefulness, accuracy, or reliability of any of your Content.

5. Content not allowed

You agree that you will not submit material that may infringe the intellectual property rights, privacy rights, or other legal rights of a third party, in particular, you may not:

• violate any law or regulation
• send unsolicited or unauthorized advertising or commercial communications, e.g. spam
• post unauthorized advertising or promotional content
• post unlawful, harmful, obscene, or pornographic content
• post content that is hateful, threatening, harmful, incites violence
• impersonate someone
• use the Portal to do anything that is misleading, malicious, or discriminatory
• use automated methods to use the Service

6. Licence to use your Content

When your Content is created with or submitted to the Service, you agree to grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable licence to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display your Content.

7. Third-Party Content

The Service may contain links to third-party websites, products, services or information, which are posted by our affiliates, partners, or other users (“Third-Party Content”). Use of the Third-Party Content is at your own risk and we are not responsible for the completeness, truthfulness, usefulness, accuracy, or reliability of any of the Third-party Content.

8. Right Reserved

We reserve the right to review, screen, edit, or monitor your Content and may, in our sole discretion, delete or remove your Content or any part thereof at any time without notice and without giving any reason therefor.

We may suspend or terminate your Account or cease providing you with all or part of the Service at any time for any or no reason, including, but not limited to, if we reasonably believe that you have violated any of these Terms.

9. Intellectual Property

The visual interfaces, graphics, design, compilation, information, data, computer code, trademarks, and all other elements of the Service (excluding the Content provided by users) are the property of LSCM and are protected by copyright, trademark and other intellectual property laws of the Hong Kong Special Administrative Region and the other jurisdictions. Nothing in this Agreement gives you a right to use the intellectual property of the Service, including the name of PCS News and any of the trademarks, logos, domain names, and other distinctive brand features of the Portal or LSCM.

10. Indemnity

You agree to indemnify and hold LSCM, its directors, officers, employees, agents, contractors, third-party service providers, and licensors harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense due to, arising out of, or in connection with:

1. your use of the Service;
2. your violation of these Terms;
3. your violation of applicable laws or regulations; or
4. your Content.

11. Disclaimers and Limitation of Liability

LSCM expressly disclaims all liability for:

1. content posted by you or any other user or third party;
2. any third-party website, third-party product, or third-party service listed on or accessible to you through the Portal; or
3. unauthorized access, use or alteration of your Content.

Further, LSCM makes no warranty that:

1. the Service will meet your requirements;
2. the Service will be uninterrupted, timely, secure, or error-free;
3. the information that you may obtain from any other user will be accurate or reliable; or
4. the quality of any products, services, information, or other material obtained by you through the Portal will be satisfactory.

You agree that, to the maximum extent permitted by law, LSCM will not be liable for any indirect, incidental, consequential, special, or exemplary damages, loss of profits, business interruption, reputational harm, or loss of data (even if we have been advised of the possibility of such damages or such damages are foreseeable) arising out of or in any way connected with your use of, or inability to use, the PCS News Portal. Your sole remedy for dissatisfaction with the Service is to stop using the Service.

12. Changes to the Service

We reserve the right to make changes to, suspend, or discontinue (temporarily or permanently) the Service or any portion thereof at any time. You agree that we will not be liable to you or to any third party for any such change, suspension, or discontinuance.

13. Changes to these Terms

These Terms are subject to change from time to time at our sole discretion without notice. By continuing to access or use the Service, you agree to be bound by the revised Terms.

14. Termination

You may terminate this Agreement at any time and for any reason by deleting your Account and discontinuing use of all the Service. If you stop using the Service without deleting your Account, your Account may be deactivated or deleted due to prolonged inactivity.

15. Miscellaneous

These Terms, together with the Privacy Policy Statement and any other agreements expressly incorporated by reference into these Terms, constitute the entire agreement between you and us regarding your access to and use of the Service.

Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.

If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may, without restriction, assign any of our rights and obligations under these Terms, at its sole discretion, without notice.
However, your right to terminate this Agreement at any time remains unaffected.

16. Choice of Law and Jurisdiction

This Agreement is governed by and construed in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of the same.

17. Contact Information

This document was last updated December 21, 2022.