GENERAL CONDITIONS OF USE

1. ACCESS TO THE SERVICE

1.1. These general conditions of use (referred to below as ‘the GCU’) define the conditions of use of the products (referred to below as ‘the Products’ and software distributed by Infowise and allow users to use them, subject to compliance with these GCU.

1.2. The applicable GCU are those that are accessible online on Infowise’s website on the day that Internet users connect; they can be modified at any time without prior notice. The date of the most recent update of the GCU is stated in the first line of these conditions.

1.3. If the user authorizes another person and, specifically, a minor, to use the Product and the software, it is the user’s responsibility to consult the conditions of use and rules in order to exercise proper control. The user will be solely responsible for actions performed using the Product and the software.

2. PURPOSE

2.1. The purpose of these GCU is to define and provide a framework for the manner of use of the non-exclusively licensed Product (referred to below as ‘the Licence’) by users.

2.2. Users are authorised to access the Product for non-commercial purposes. The user therefore benefits from the rights granted by the licence and may use the Products in return for his acceptance of these GCU.

2.3. The Products can be freely and unrestrictedly used for non-commercial purposes, in compliance with the applicable laws.

2.4. The use of the Products for commercial purposes is not free and requires a specific licence.

2.4.1. Commercial use means the resale of content or products obtained through use of the Products or the provision of services or any use of the Products that directly generates revenue.

2.4.2. Commercial use requires the user to accept the general conditions of use of the product for commercial purposes and, consequently, take out a subscription with Infowise.

2.5. Infowise grants the user non-exclusive rights to use the Product and related software for non-commercial purposes only. The licence to use granted to the user enables the latter to use the product and the related software in accordance with their intended purpose and for his own needs on the computer system used or any other computer system that may be substituted for it.

3. COMMITMENTS AND RESPONSIBILITY OF THE USER

3.1. When using the Product and the software, the user undertakes not to contravene any applicable laws and regulations or these GCU. The user is informed that any breach of the said provisions is likely to result in legal proceedings and sanctions against him.

3.2. A user who uses them for commercial purposes agrees to pay Infowise any revenue associated with any non-licensed commercial use. In the event of an undeclared commercial use, Infowise reserves the right to take all commercial measures in its own defence, in particular by contacting website hosts, and reserves the right to take legal action against the dishonest user under the conditions stated in Article 6 below.

3.3. In general, Infowise is not liable in the event of use of the Product and the software by a user who does not comply with these GCU.

4. LIMITATION OF WARRANTY AND EXCLUSIONS OF LIABILITY

4.1. Unless otherwise specified and to the extent possible, Infowise provides its final, patented, Product, developed using free-licence components, on an ‘as-is’ basis and does not offer any warranties of any kind, in particular express, implied, statutory or otherwise. This specifically includes warranties of title, merchantability, compatibility with certain specific uses, non-infringement, absence of hidden or other defects, accuracy, presence or absence of known errors or those not likely to be found in the free-licence Product. This clause may not apply to the user where a warranty limitation is not permitted in whole or in part.

4.2. Where possible, Infowise cannot be held liable to the user, whatever the legal grounds (including, in particular, for negligence), for any direct, specific, indirect, incidental, consequential, punitive, exemplary or other losses, costs, expenses or damage arising out of the use of this licence or the use of the licensed Product, even if Infowise has knowledge of the possibility of such losses, costs, expenses or damage. This clause may not apply to the user where a liability exclusion is not permitted in whole or in part.

4.3. The above warranty limitations and liability exclusions must be construed, to the extent possible, as limitations and total waivers of all liability.

4.4. Consequently, Infowise, its employees and agents cannot be held liable for damage resulting from use of the Product.

4.5. Any intentional or unintentional breach by the user of the GCU and any non-conforming use of the Product and the software will release Infowise from any liability for any damage; the user will bear the costs and expenses of any legal defence and, specifically, any costs incurred.

5. INTELLECTUAL PROPERTY RIGHTS

5.1. Infowise is the owner of all intellectual property rights relating to the Product and the software.

5.2. Users undertake not to use the Product and software in a manner that might constitute a breach or infringement of any laws and regulations, in particular Hong Kong law.

5.3. Infowise is the owner of the patent “WIPO/PCT WO2019222804A1” implemented by the Products. The patent/s referred to above have been registered by Infowise with the competent authorities and cannot be used without prior written authorisation from Infowise.

5.4. Any full or partial use or affixing of such verbal, semi-figurative or figurative trademarks without the express prior authorization of Infowise may be sanctioned by Infowise.

6. APPLICABLE LAW - DISPUTES - LANGUAGE

6.1. The Website, the Products and these GCU are subject to Hong Kong law.

6.2. In the event of a dispute, the courts of Hong Kong will have jurisdiction and will define the applicable proceedings rules.

7. DURATION AND EXPIRY

7.1. This licence applies for the full duration of the validity of the rights granted by the licence. However, any failure by the user to comply with his obligations under the GCU may result in legal sanctions.

8. TERMINATION

8.1. Infowise can at any time terminate the marketing of and/or support for the Product offered.

8.2. In the event of non-compliance with the obligations defined in these conditions, Infowise reserves the right to undertake any actions and/or recourse in order to have any infringement of its rights cease and to obtain compensation for the damage suffered.

8.3. The User may at any time end the use of the Product by simply ceasing to use it.