TERMS AND CONDITIONS OF USE
The following Terms and Conditions of Use (“T&C”) apply to your use of our website (the “Website”) and control your access to and use of the Website in all aspects.
If you do not accept these T&C in full, the use of the Website must be terminated immediately.
The Website presents information, data, content, news, reports, programs, video, audio and other materials and services including e-mail alert service, communications, transmissions and other items, tangible or intangible (collectively, the “Information”).
1. Shum Wong & Co., Solicitors (hereinafter referred to “us”, “we” or “our”) may change the T&C from time to time in our sole discretion without notice or liability to you. By continuing to use the Website following such modifications to the T&C, you agree to be bound by such modifications.
2. We may, at our absolute discretion and at any time, without prior notice to you, add to, amend or remove material from the Website, or alter the presentation, substance, or functionality of the Website.
3. As a condition of your use of the Website, you may not:
(a) trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas for which you have not been authorised by us;
(b) restrict or inhibit any other user from using and enjoying the Website;
(c) post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law;
(d) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding;
(e) post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component;
(f) post, publish, transmit, reproduce, distribute or in any way exploit any Information obtained through the Website for commercial purposes; or
(g) upload, post, publish, transmit, reproduce, or distribute in any way, any component of the Website itself or any Information obtained through the Website which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without
our prior written permission.
4. You have no rights in or to the Information and you will not use the Information, except as permitted under these T&C. We reserve the right at all times to prohibit or deny your access to the Website or any part thereof immediately and without notice, where we are of the opinion that you have breached any of the terms contained in these T&C or that such prohibition or denial is appropriate, desirable or necessary in our sole opinion.
5. The Information may contain information provided by third parties or sourced by us from news agencies, business information sources, press releases or other references or sources. We are not responsible if any such Information is not up-to-date. We do not separately verify the Information provided by such third party or agency and you are cautioned thus as to the reliability and accuracy of the Information. We do not accept any responsibility whatsoever in respect of any such Information. Any use of and reliance on such Information is at your own risk.
6. The links on the Website may take you to other sites and you acknowledge and agree that we have no responsibility for the accuracy or availability of any Information provided by linked websites. Links to other websites do not constitute an endorsement by us of such websites or the Information, products, advertising or other materials available on those websites.
7. All intellectual property rights subsisting in respect of the Website belong to us or have been lawfully licensed to us for use on the Website. All rights under applicable laws are hereby reserved. Except with our express permission, you are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or create derivative works with respect thereto, as the Website is copyrighted under applicable laws.
8. You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us ('Feedback') in connection with the Website without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.
9. All Information is for your general reference only. We do not accept any responsibility whatsoever in respect of such Information. Your access to and use of the Website is at your sole risk and is provided on “as is” and “as available” basis. The Website is for your personal use only and we make no representation or warranty of any nature, whether express or implied. The limitation of liability contained in these T&C will apply to the fullest extent permitted by applicable laws. In
jurisdictions which do not allow for the exclusion or limitation of liability, our liability will be limited to the maximum extent permitted by law. We do not endorse, warrant or guarantee any material, product or service offered through us or our website.
10. We do not guarantee or assume any responsibility that :
(a) the Information on the Website is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
(b) the Information on the Website is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
(c) messages sent through the internet will be free from interception, corruption or loss;
(d) access to the Website will be available or be uninterrupted; or
(e) defects in the Website will be corrected.
11. The materials contained in the Website are provided for general information purposes only and should not be construed as legal, accounting, financial or tax advice or opinion on any specific facts or circumstances and should not be relied upon in that regard. We accept no responsibility for any loss, which may arise from reliance on information contained in the Website. You are urged to seek your own legal counsel concerning your own situation and any specific legal question that you may have.
12. In no event shall we be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, the Information, even if we have been advised of the possibility of such damages.
13. You will exercise and rely solely on your own skill and judgment in your use and interpretation of the Information. You are responsible to ensure that your use of the Information complies with all applicable legal requirements.
14. You agree to defend, indemnify and hold us, our employees, agents, officers, directors, agents, contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees), in connection with or arising from your breach of these T&C and/or your use of the Website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.
15. The illegality, invalidity or unenforceability of any provision of these T&C under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.
16. No waiver of any breach under these T&C will amount to a waiver of any other breach. The headings in these T&C are for convenience only and do not affect interpretation.
17. These T&C shall be governed by the law of the Hong Kong Special Administrative Region of the People's Republic of China (“Hong Kong”). You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.
1. Shum Wong & Co., Solicitors (hereinafter referred to “us”, “we” or “our”) complies with the Personal Data (Privacy) Ordinance ('Ordinance'). You may wish to visit the official website of the Office of the Privacy Commission at http://www.pco.org.hk for more information about this Ordinance.
2. It is our policy to protect our clients’ privacy and this policy also applies to the privacy of users of the Website. We may, however, collect a very limited amount of your personal data (by "personal data", we mean information about you or which can be used to ascertain your identity) and we endeavor to keep it to minimal.
3. Any personal data collected from you on the Website will only be used for the specific purposes mentioned at the time of collection or for purposes directly related to those specific purposes and/or in our Personal Information Collection Statement which sets out the purposes for which your personal data will be used and potential transferees of your personal data.
4. We would like to use your name and contact details to send you marketing materials about our legal services and/or related products but we must obtain the consent (or an indication of no objection) of persons who become our clients after 1 April 2013 before we can do so. We will however continue to send marketing materials to all persons who were our clients before 1 April 2013 as usual, as we are permitted to do by the Ordinance. If you do not want to receive our marketing materials, please send an email stating this to email@example.com. More information about this can be found in our Personal Information Collection Statement below .
5. We will retain your personal data only for so long as is necessary for fulfilling the purpose for which they were collected.
6. Your personal data will generally be kept confidential and will not be disclosed to any other person without your consent. However, your data will be used (and disclosed) to third parties for the purposes for which they were collected. Your personal data may also be disclosed where we are
required to do so by law. Please also refer to our Personal Information Collection Statement for details.
7. We have installed security systems to ensure your personal data are not subject to unauthorised access.
8. You are entitled, in accordance with the Ordinance's requirements, to check whether we hold data about you and to have access to those data. If any of these data are incorrect or inaccurate, you have the right to correct or update them. Requests for access to or to correct personal data should be addressed to the Managing Partner, Shum Wong & Co., Solicitors. In accordance with the Ordinance, we are entitled to charge a reasonable fee for processing any data access or correction requests.
PERSONAL INFORMATION COLLECTION STATEMENT
1. It is often necessary for individual clients or (where clients are businesses, incorporated or otherwise) their individual representatives (including without limitation directors, other officers, employees and staff members of client businesses) (in this statement these individual representatives will, for the sake of brevity, also be referred to generally as "clients" and, in paragraph 5 below, as "Representatives") to supply Shum Wong & Co., Solicitors (hereinafter referred to “us”, “we” or “our”) with data about themselves in connection with our provision of legal advice and services to those clients. These data may include copies, and other details, of identity documents, proof of address, other contact details, and proof of authority to instruct us.
2. Failure to supply such data may result in us being unable to provide clients with the legal services, or generally to give clients the legal advice as requested.
3. It is also the case that we collect data from clients in the ordinary course of the client-solicitor relationship on an ongoing basis.
4. The purposes (which are obligatory) for which personal data relating to a client may be used are as follows (note that if a client does not want us to use his personal data for any of the purposes listed in paragraphs 4(a) to (f) below (inclusive), we will not be able to provide the legal services or give the legal advice as requested) :-
(a) the provision of legal advice and services to the client in accordance with the instructions of the client and as we may otherwise deem appropriate or necessary;
(b) designing legal services or related products for clients’ use;
(c) collection of outstanding fees from clients;
(d) meeting the requirements to conduct client identification and verification and to make disclosure under the requirements of any law, guideline, code of practice or practice direction binding on, or applicable to us or any of our branches or associated firms or offices including, but not limited to, any such law, guideline, code or practice direction relating to anti-money laundering and anti-terrorism;
(e) purposes specifically provided for in any particular service offered by us;
(f) purposes directly related to any of the above.
5. (a) The purposes (which are voluntary) for which personal data relating to a client may be used are as follows (note that subject to the "Important Notes" appearing below, client's consent is required for to use personal data for any of the purposes listed in paragraph 6 below and if the client advises us that he does not want us to use his personal data for those purposes, we will not do so) :-
(i) the client's name and contact details (including but not limited to office address, telephone number and email address) provided by the client to us will be used for marketing our own legal services and/or related products. If a client does not want us to use his personal data for the purposes mentioned in paragraph 5(a)(i) above, he may write to or email the officer named at the end of this statement, indicating his decision.
(b) IMPORTANT NOTES about our marketing activities
(i) We may continue to use personal data of clients for its marketing purposes after 1 April 2013 without their express consent if, prior to 1 April 2013, we had sent them a copy of its Personal Information Collection Statement and used their personal data for marketing purposes without objection. However, these clients still have the right at any time to send a notice to us requesting us to cease using their personal data for these purposes and we will honour such requests promptly.
(ii) All marketing in relation to our legal services and related products to Representatives is sent to them in their official capacity as representatives of the client business for whom they work or represent and not in their individual capacity.
6. Data held by us relating to a client will generally be kept confidential but we may provide such information for the above purposes to:
(a) any of our other branch or associated firm or office;
(b) a government agency such as the Hong Kong Police, the Hong Kong Customs and Excise Service, the Hong Kong Immigration Service and the Independent Commission against Corruption, if we know or suspect that any person is engaged in drug trafficking, terrorism or any other serious crime or handling the proceeds of crime or that any property constitutes terrorist property; in this case, the obligation to report to the authorities may override our confidentiality obligations;
(c) any other legal practitioner (including, without limitation, solicitors, barristers and foreign lawyers), accountant, or other financial or professional adviser representing the client in connection with those legal services and advice being provided to the client by us;
(d) to the extent we, in our absolute discretion, consider prudent, other solicitors, barristers, accountants, other legal practitioners and other professionals representing other persons involved in matters or dealings in respect of which the client has requested our legal services and advice;
(e) any financial institution, business or professional firm with which the client has or proposes to have dealings related to the legal services or advice being provided to the client by us;
(f) any actual or proposed assignee or transferee of our rights in respect of the client or any firm of solicitors or other law firm which takes over, or is negotiating the take over of, our business or into which we are merged;
(g) if a client is ever in default of payment of legal fees to us or otherwise, debt collection agencies (we will not transfer data relating to a client to a third person for that person's marketing activities).
7. (a) Under and in accordance with the terms of the Personal Data (Privacy) Ordinance ("PDPO") and guidelines issued pursuant thereto, any individual may:
(i) check whether we hold data about him/her and may request access to such data;
(ii) request us to correct any data relating to him/her which are inaccurate;
(iii) request us to specify its policies and practices in relation to data and to be informed of the kind of personal data held by us;
(iv) request us to cease using his/her personal data for its marketing purposes.
(b) In accordance with the terms of the PDPO, we have the right to charge a reasonable fee for the processing of any data access request.
8. Requests for:-
(a) access to data or correction of data;
(b) information regarding policies and practices and kinds of data held should be addressed IN WRITING to Mr. Wilson Shum
Managing Partner Shum Wong & Co., Solicitors
Rooms 702, 706-7 & 904, Yuen Long Commercial Centre, 18-24 Kau Yuk Road, Yuen Long, New Territories, Hong Kong