WikiSwire:Terms and conditions

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Terms of Use

WikiSwire

Welcome to WikiSwire (the “Site”), provided by John Swire & Sons Limited (the "Company"). By accessing or using this Site, you (the "User") signify that you have read, understood and agreed to be bound by these Terms of Use ("Terms of Use"). The Terms of Use apply to all users of the Site, including without limitation, users who are not account holders. We reserve the right, at our sole discretion, to change, modify, add or delete any Terms of Use at any time upon giving you prior notice by way of posting on the Site the revised Terms of Use. If you continue to access or use the Site, you shall have deemed to have agreed to such change.

WikiSwire is an online, open-content, collaborative, information resource; a voluntary association of individuals and groups working to develop a common resource of Swire related content. The information contained in the website is available for information purposes only. Although reasonable attempts are made to host useful content, and whilst content may be approved for display on the Site, the quality and accuracy of the content cannot be assured.

Disclaimer

You agree that your use of the Site is entirely at your own risk. No warranty of any type is given by the Company (or any of its subsidiaries or associated companies) (the Company and such subsidiary and associated company (the “Group”) as to the accuracy, completeness or timeliness of any information provided on the Site. You agree that the Site is provided on an "as is" and "as available" basis. The Company hereby excludes (for itself and for each member of the Group) and in no event shall their directors, officers or employees be liable for all and any losses, liabilities, claims, damages, expenses or costs (whether as a consequence of its negligence or otherwise) arising out of or in connection with:-

  • the inaccuracy, incompleteness or tardiness of any information supplied through the Site;
  • any injury or property damage, or any nature whatsoever, resulting from your access to and use of the Site;
  • any interruption to your use or inability to use or access the Site or the services offered from time to time therein;
  • any unauthorised access to or alterations of information provided by you;
  • your use of any third party websites (including without limitation those that may be connected by hyperlink to the Site);
  • any arrangements entered into with any third party in connection with any information provided by or in connection with the Site;
  • any bugs, viruses, Trojan horses or the like which may be transmitted to or through our Site; and/or
  • any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site.

No advice or information, whether oral or written, obtained by you in connection with the Site will create any warranty not expressly stated in these Terms of Use.

Each user of the Site hereby agrees that he or she is owed no duty of care or other obligation by the Company or any other member of the Group and that insofar as he or she may be owed any such duty or obligation, he or she waives any rights which he or she may have in respect of such duty or obligation.

WikiSwire Content

You may access the content on WikiSwire without creating an account. To contribute to the Site you will be required to create an account and will need to provide a ‘user’ name and email address for verification purposes. If you choose to create an account you agree to maintain the security of your password and identification and to be fully responsible for all use of your account and for any actions that take place using your account.

The Company may terminate your account, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice.

User Conduct

You agree not to use the Site:

  • to harass other users;
  • in any unlawful manner or in any other manner which could damage, impair, or overburden the Site;
  • to post, upload, transmit, share, or store content which is unlawful, defamatory, infringing, obscene, or invasive of another's right to privacy or publicity;
  • to impersonate another entity or person;
  • to post, upload, transmit, share, or store unsolicited or unauthorized advertising, solicitations, "spam", or any other type of unauthorised solicitation;
  • to solicit personal information from any user under the age of 18; or
  • to solicit passwords or other information for unlawful purposes.

Submitting Content to the Site

You are solely responsible for the content, including but not limited to photos, profiles information, messages, search results, edits, and other content that you upload, publish or display ("submit") on or through WikiSwire, or transmit to or share with other users. You may not submit content to WikiSwire that you do not have permission to submit. You understand and agree that your content may be edited or deleted (without notice) for any reason or no reason. You are solely responsible at your sole cost and expense for creating backup copies and replacing any content which you submit to the Site.

By submitting content, you grant the Company a non-exclusive, worldwide, royalty-free, perpetual, non-revocable licence to use, distribute, adapt, modify, display, reproduce and transmit such information in any and all media in any manner in whole or in part without any duty to account to you. You also grant the Company the right to grant licences to users of the website to view and copy such information.

The Company reserves the right to edit or delete any messages left on the discussion boards, including without limitation any message which contravenes the rules above.

The Company advises users not to give personal details (such as telephone numbers and addresses) to other users.

Indemnity

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company and each other member of the Group and their officers, directors, employees and agents, from and against any and all claims, damages, obligations, liabilities, costs or debts and expenses arising out of or connected with (i) your use of and access to the Site; (ii) your violation of any of the Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property or privacy rights; or (iv) any claim that the whole or any part of any information submitted by you caused damage to a third party. This indemnification obligation will survive these Terms of Use and your use of the Site.

General

The Site and content are owned by the Company. The Company grants individual users of the Site a non-exclusive, personal licence to and copy the material on the Site solely for personal and non- commercial use. Such licence is revocable by the Company at any time without notice.

The Company reserves the right to suspend or cancel any part of the Site and the services offered therein at any time without notice.

The Company shall not be liable to you or to any other person in the event that all or any part of the Site is discontinued, modified or changed in any way.

Claims of Copyright Infringement

For claims of copyright infringement, please contact us using the following address:

WikiSwire

John Swire & Sons Ltd

Swire House

59 Buckingham Gate

London

SW1E 6AJ

You may also email us using wikiswire@jssldn.co.uk . Please include "Claim of copyright infringement" in the subject of your email.

Other Terms and Conditions

You understand and agree that these Terms of Use constitute the entire agreement between the Company and yourself in respect of your use of the Site and supersede any and all prior arrangements, agreements and representations.

If the Company does not exercise or enforce any right, remedy, or provision of these Terms of Use, this shall not constitute a waiver of such right or provision in that or any other instance.

The illegality, invalidity or unenforceability of any provision of these Terms of Use shall not affect the legality, validity or enforceability of any remaining provisions.

Privacy

Data protection statement

This privacy statement applies to WikiSwire web pages only. If the user leaves the Site and visits a website operated by a third party, the Company cannot be held responsible for the protection and privacy of any information which users have provided while visiting such websites. Accordingly, users should exercise caution and review the privacy statement applicable to the Site in question.

The types of information (the “Data”) the Company collects may include but not limited to (i) your personal information such as your name, gender, date of birth, passport or other identifiable number; (ii) your contact information such as your telephone numbers, mailing addresses, email addresses and fax numbers; (iii) your present or past business or employment information such as company name and business title. Certain Data (particularly relating to your personal information and contact information) are required for ascertaining your identity in connection with the use of the Site and if you fail to supply such Data as requested, the Company may be unable to allow you access to certain services as provided by the Site.

We may use the Data you provided for one or more of the following purposes:

  • for your access to the Site;
  • for identification and verification purposes in connection with any of the services provided by the Site;
  • to contact you regarding your enquiries or other matters arising from your use of the Site;
  • to make enquiries regarding the contents submitted by you to the Site;
  • to disclose to a third party to comply with the law or a regulatory requirement.

You are entitled to access or correct any Data held by us. If you wish to obtain a copy of any of your Data or if you believe that the Data relating to you which we collect and maintain is incorrect, please write to us at the address below:

WikiSwire John Swire & Sons Ltd Swire House 59 Buckingham Gate London SW1E 6AJ

We have the right to charge a reasonable fee for the processing of any data access request.
The information you supply when creating a user account will be kept on a database for purposes as required under the Data Protection Act 1998 and the Personal Data (Privacy) Ordinance . We may disclose and transfer Data (whether within or outside the UK or Hong Kong) to our subsidiaries, associated companies and/or other persons who we consider appropriate in connection with the services provided by the Site. Before doing so, we will take steps to ensure that your data will be given adequate protection as required by the Data Protection Act and the Personal Data (Privacy) Ordinance.
We may also disclose the Data when required by law or court order, or as requested by other government or law or regulatory enforcement authorities, or in the good faith belief that disclosure is otherwise necessary or advisable including and without limitation to protect our rights or property or the rights of properties of our subsidiaries or associated companies. This also applies when we have reason to believe that disclosing the Data is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or property.

If you email us to ask a question, report a fault etc, we will only use the personal data you provide to reply to your message. We do not keep this information, or share it with any third party unless you have consented to this or this is so permitted by law.

Governing law

These terms of use and your use of the Site are governed by and construed in accordance with the laws of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction to determine any dispute in connection with such terms or use of the Site.