1. DESCRIPTION OF SERVICES AND ACCEPTANCE OF TERMS AND CONDITIONS
The terms "ADNDRC" and "we" as used herein
refer to the Aian Dispute Resolution Centre Limited.
ADNDRC operates and administers the websites ("Websites accessible
through the Internet") through which domain name disputes under
the Uniform Dispute Resolution Policy ("UDRP") issued
by Internet Corporation for Assigned Names and Numbers ("ICANN")
may be arbitrated in accordance with the UDRP, its Rules of Procedure
and the ADNDRC Supplemental Rules of Procedure ("the Services").
The terms "you" and "User" as used herein refer
to all individuals and / or entities accessing the Services. The
term "Contents" is used herein to refer to all or any
of, as the case may be, the data, text, button icons, forms, links,
HTML codes, trademark, software, music, sound, photographs, graphics,
still pictures, series of moving pictures, (whether animated or
not), videos, merchandise, products, advertisements, services or
any compilation or combination of them and any other contents or
materials that may be found on any Website or any web page thereon.
The ADNDRC provides the Services to you, subject to the following
Terms and Conditions of Use ("T&C"), which may be
updated and revised by us from time to time by posting the revised
version at the Websites. Some Services may be subject to additional
terms and conditions governing their provision which additional
terms will be made known to you upon you expressing your intent
to use those services. Those additional terms and conditions are
hereby incorporated by reference into the T&C.
You accept and agree to be bound by the T&C upon your using
the Services or otherwise accessing the Websites or using any information
found therein. If you do not accept the T&C, you may not and
should not access the Websites or use the Services or information
provided therein and thereon. If you have any questions about the
T&C, or about accessing and using the Websites, please contact
us at hkiac@adndrc.org
2. DISCLAIMER
All Services together with any new functions or features that augment
or enhance the Services currently offered shall, unless explicitly
stated otherwise, be subject to the T&C. You understand and
agree that the Services are provided "AS-IS" and that
the ADNDRC assumes no responsibility for the timeliness, deletion,
mis-delivery or failure of the provision of any functions of the
Websites or the delivery of the Services. You understand that the
technical processing and transmission of the Services may involve
(a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices.
The ADNDRC shall, accordingly, in no circumstances, be liable for
any failure of any functions of the Websites or the delivery of
the Services in whole or in part or for your inability to gain access
in whole or in part to such functions or Services due to the delay
or failure of any communication networks or any party providing
such access.
By Using or accessing the Services and in consideration of such
access and Use, you acknowledge that, given the nature of the Internet,
we cannot guarantee that any transmission of personally identifiable
information, other information, documents, or other communications
under or in connection with the Services is completely secure.
3. PASSWORD AND SECURITY
In the event that you are a Complainant, a Respondent, or a representative
of one or the other, or if you are a Panelist involved with a domain
name dispute proceeding under the UDRP, the ADNDRC may issue a password
to you. You are responsible for maintaining the confidentiality
of the said password and shall be fully responsible for all activities
that occur under those passwords. You agree to (a) immediately notify
the ADNDRC of any unauthorized use of your password or any other
breach of security and (b) ensure that you exit from your password
at the end of each visit to the Websites. The ADNDRC shall not be
liable for any loss or damage arising from your failure to comply
with this Section 3.
You acknowledge that the passwords which are issued to you by the
ADNDRC are confidential and You shall take all necessary precautions
to maintain the confidentiality of the said passwords. You agree
that under no circumstances will you disclose such password to any
other person(s), other than the ADNDRC, without the prior written
consent of the ADNDRC. Any words, action or conduct whether intentional
or unintentional, by you breaching that confidentiality shall render
you liable to the ADNDRC for all losses and damages thereby caused.
You hereby agree and acknowledge that the use of the Services by
any person whatsoever (whether authorised by you or not) with the
password issued to you by the ADNDRC shall constitute and be deemed
Use of the Services by you. You shall notify the ADNDRC immediately
of any actual or possible unauthorised use of the password issued
to you and shall confirm the same in writing without delay to the
ADNDRC. You shall be liable to the ADNDRC for all losses and damages
incurred by the ADNDRC in respect of any Use of the Services whether
authorised by you or not.
You acknowledge and agree that the only duty of the ADNDRC is to
verify the passwords issued to you by the ADNDRC and the ADNDRC
shall not be liable in respect of:
- any loss
or damage suffered by You or any other person as a result of any
failure to effect or execute instructions through various electronic
delivery channels or perform any obligation thereunder where such
failure is attributable either directly or indirectly to any circumstances
or events outside our control: or
- any other
loss or damage whatsoever suffered by you or by any other person
as a result of any instructions through various electronic delivery
channels given with the correct password.
4. INDEMNITY
You agree to indemnify, defend and hold harmless ADNDRC, its Offices,
its affiliates, officers, agents, partners, staff and employees
against any and all claims, proceedings, damages, injuries, liabilities
arising from (i) your acts or inaction in breach of these T&C,
and/or (ii) your use of the Service.
5. MODIFICATIONS TO SERVICES
ADNDRC reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that ADNDRC
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
6. LINKS
The Websites contain links to other sites or pages on the Internet,
which are not maintained or controlled by ADNDRC and for which ADNDRC
is not responsible. When you activate any such links, you leave
the Websites and access such sites or pages at your own risk and
ADNDRC shall not be responsible or liable for any content, information,
materials, goods or services on or available from such sites or
pages. You further acknowledge and agree that the ADNDRC shall not
be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with
the use of or reliance on any such content, information, materials,
goods or services available on or through any such sites or pages.
7. GOVERNING LAW
These T&C shall be construed in accordance with, and this agreement
is governed by the laws of the Hong Kong Special Administrative
Region of the Peoples' Republic of China ("Hong Kong"),
without regard to the conflict of legal provisions thereof. All
disputes which may arise out of these T&C¡¦s shall
be settled by arbitration under the International Arbitration Rules
of the Hong Kong International Arbitration Centre.
8. SEVERABILITY
If any one or more of these T&C, or their application in any
circumstance, is held invalid, illegal or unenforceable in any respect
for any reason, the validity, legality and enforceability of that
term or condition in any other respect and the remaining T&C
shall not in any way be impaired.
This page last modified on 28 February, 2002
