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Terms and
conditions
DO NOT USE THIS WEB
SITE AND SERVICE IF YOU ARE NOT WILLING TO ACCEPT THE TERMS AND
CONDITIONS STATED BELOW
These "Terms and Conditions"
govern Your use of the Web site known as www.foresight-zhuhai.com
(the "Site"). Please read these Terms and Conditions carefully. By
using this Site, You are indicating Your acceptance to be bound by
these Terms and Conditions. You are advised to check this Terms and
Conditions page periodically to review changes that could be made at
any time, because these changes are binding on You. Zhuhai Foresight
Project Management Service Co.,Ltd may modify these
Terms and Conditions at any time in its sole discretion by updating
this posting.
The terms "You" and "User" as used below refer
to all persons and/or entities using this Site for any reason. The
term "Foresight" means Zhuhai Foresight Project Management Service
Co., Ltd and all of its
subsidiaries, affiliates, franchisees and licensees.
Copyright Notice 1) All the contents of
this Site, including, without limitation, the "look" and "feel" of
the Site, text, images, graphics, logos, button icons, lists,
software, databases, and other material and content and the
compilation of it (meaning the collection, arrangement and assembly)
(together "Material") are protected under both People's Republic of
China (hereafter PRC) and international
copyright, trade mark and other laws. 2) All Material is the
exclusive property and intellectual property of Foresight or its
content suppliers or clients.
Use of
Material 1) Foresight authorizes You to view a single copy
of the Material on this Site solely for Your personal,
non-commercial, internal business purposes or as a job
applicant. 2) You may not distribute the Material to third
parties or use it to create directories or mailing or marketing
lists or for any other purpose. 3) Unauthorized use of the
Material may violate copyright, trademark and other laws. 4) You
must retain all copyright, trade mark, service mark and other
proprietary notices contained in the original Material or any copy
You make of the Material (but You may only make such copies as
expressly authorized by these Terms and Conditions). 5) To the
maximum extent permitted by applicable law, You may not modify,
copy, transmit, create derivative works from, reverse engineer,
disassemble or otherwise attempt to discover any source code from
any software accessible or available through Foresight, or sell,
assign, sub-license or otherwise transfer any right in such
software. 6) You may not incorporate the Material for any purpose
into another database, search engine, any other Web site or in a
networked computer environment of any kind. 7) You may not copy
or adapt the HTML code that Foresight creates to generate its
pages. 8) Access to this Site is monitored. The requesting URLs,
the machine originating the request and the time of the request are
logged for access statistics and security purposes. Use of this Site
constitutes consent to such monitoring.
User Information 1) Material on this Site
may be changed, terminated or updated without notice. 2)
Foresight
may also make improvements and/or changes in the services described
in this Site at any time without notice. 3) Any information or
material sent to Foresight shall not be considered confidential. By
sending Foresight any information or material, You grant Foresight an
unrestricted, irrevocable right and licence to use such information
for its business purposes, including the right to post job listings
and résumés/CVs that You place on this Site.
Scope of Permitted Site Use 1) You may
refer to the URL of this Site without limitation, but You may not
link to this Site without Foresight's prior written approval. 2)
You may not use the Site in order to transmit, distribute, erase or
store material: (a) in violation of any applicable law or
regulation; (b) in a manner that will infringe the patent,
copyright, trade mark, trade secret or other intellectual property
rights of others or violate the privacy, publicity or other personal
rights of others; or (c) that is harmful, defamatory, libellous,
vulgar, obscene, threatening, abusive, harassing or otherwise
objectionable in Foresight's opinion. 3) You are prohibited from
violating or attempting to violate the security of the Site,
including, without limitation: (a) attempting to probe, scan or test
the vulnerability of a system or network or to breach security or
authentication measures without proper authorisation; (b) accessing
data not intended for such User or logging into a server or account
which the User is not authorised to access; (c) forging any TCP/IP
packet header or any part of the header information in any e-mail or
posting; (d) attempting to interfere with service to any user, host
or network, including, without limitation, via means of submitting a
virus or corrupted data to the Site, overloading, continuous posting
of repetitive text, "flooding," "spamming," "mailbombing" or
"crashing"; or (e) sending unsolicited e-mail, "junk mail," "chain
letters," including promotional materials and/or advertising of
products or services, or any other form of solicitation. Violations
of system and network security may result in civil or criminal
liability.
Specific Prohibited
Uses The Site may only be used for lawful purposes.
Foresight specifically prohibits any use of the Site, and all Users
agree not to use the Site, for any of the following:
- Posting any incomplete, false, inaccurate or misleading
biographical information or information which is not Your own
accurate résumé/CV. Recruiters representing candidates may not
send that candidate's résumé/CV in response to a job posting.
- Deleting or changing another person's information posted on
the Site.
- Posting or transmitting any message, information, data, text,
software or images, or other material that may invade another's
privacy or publicity rights or is unlawful, harmful, threatening,
abusive, harassing, defamatory, libellous, vulgar, obscene or
otherwise objectionable in Foresight's opinion.
- Posting a sexually explicit image or statement.
- Using any device, software or routine to interfere or attempt
to interfere with the proper working of this Site or any activity
being conducted on this Site.
- Taking any action that imposes an unreasonable or
disproportionately large load on this Site's infrastructure.
- Notwithstanding anything to the contrary contained herein,
using or attempting to use any engine, software, tool, agent or
other device or mechanism (including, without limitation,
browsers, spiders, robots, avatars or intelligent agents) to
navigate or search this Site other than the search engine and
search agents available from Foresight on this Site and other than
generally available third-party Web browsers (e.g., Netscape
Navigator, Microsoft Explorer).
- Other than as permitted expressly by these Terms and
Conditions, copying or duplicating any of the materials or
information available from the Site.
- Other than as permitted expressly by these Terms and
Conditions, framing of or linking to any of the materials or
information available from the Site.
Feedback and Information Any feedback
that You provide at this Site, including but not limited to,
electronic and written correspondence, shall be deemed to be
non-confidential and can be used by Foresight without limitation.
Indemnity By using this
Site, You agree to indemnify, and keep Foresight free from and
effectively indemnified against any claims, damages, losses,
liabilities and all costs and expenses of defence, including but not
limited to lawyers fees, resulting directly or indirectly from Your
use of this Site, unless such claims, damages, losses, liabilities,
costs and expenses arise from and have directly and solely been
caused by the gross negligence or intentionally wrongful acts of
Foresight.
Disclaimer 1) Your
use of this Site is free of charge. Therefore this Site and all
information within it are provided on an "as is" basis and Foresight
makes and gives no conditions, warranties, undertakings,
representations or other terms regarding this Site or the Materials
or connected to them or regarding the effectiveness of the Site or
the Materials in meeting Your employment objectives. 2) All
conditions, warranties, undertakings, representations and other
terms of any kind whatsoever, express or implied (whether by
statute, common law or otherwise), in respect of the Site or the
Material or in connection with them are hereby excluded by Foresight
to the fullest extent permitted by law and Foresight shall have no
obligation, duty or liability whatsoever to You. 3) Without
prejudice to the generality of the foregoing, to the fullest extent
permitted by law Foresight specifically disclaims and excludes all
warranties or conditions implied by law or statute concerning
satisfactory quality and fitness for purpose and reasonable skill
and care. 4) Foresight does not guarantee that any employer or
client will ask for Your résumé/CV, ask to interview You or hire
You. 5) Foresight does not guarantee to any employer or client the
availability of résumés/CVs or candidates, or that any candidate
will meet Your needs. 6) Foresight uses reasonable care in
compiling and presenting the information found on this Site.
However, the accuracy of information supplied by candidates,
employers and other users is not within the control of Foresight, and
Foresight does not certify that it has verified any information in any
job listing, résumé/CV, file or other posting entered into the
Foresight database or available on this Site. 7) Further,
Foresight
does not assume liability for any errors or omissions in the content
on this Site or any third party site, including, but not limited to,
typographical errors, inaccuracies, outdated information, or broken
links. 8) Foresight expressly disclaims liability for errors or
omissions in the information found on this Site. 9) You
acknowledge that in any computer system and any network of computer
systems there is certain to be "downtime" due to mechanical,
telecommunication, software, hardware and third-party vendor
failures during which Foresight will be unable to provide this Site to
You. Foresight cannot predict or control when such "downtime" may
occur and cannot control the duration of such "downtime." 10)
Foresight uses this Site to provide the access, computer services and
connections that link the Foresight database to the Internet and other
network systems. Foresight has authority or control only over the
operation of this Site. Nevertheless, You understand and agree that
the Internet is inherently unreliable and subject to breaches of
security. Therefore, Foresight cannot be responsible for the integrity
of any information, file or other posting available on or sent to
this Site. 11) Foresight has no authority or control over the
content, operation or performance of any portion of the Internet
including other Web sites to which this Site may be linked or from
which this Site may be accessed. A link to a Web site not owned or
operated by Foresight does not mean that Foresight endorses or accepts
responsibility for the content or use of such Site and such link is
being provided to You merely as a convenience. Reference to any
product, process, publication, service or offering of any third
party by trade name, trade mark, manufacturer or otherwise does not
necessarily constitute or imply its endorsement or recommendation by
Foresight. 12) The views and opinions of employers, candidates and
other users of this Site do not necessarily state or reflect those
of Foresight.
Exclusion of
Liability 1) Your use of this Site is free of charge.
Therefore this Site and all information within it are provided on an
"as is" basis and Foresight excludes all responsibility for any amount
or kind of loss or damage that may result to You or a third party as
a result of using this Site or the Materials. 2) To the maximum
extent permitted by applicable law, in no event will Foresight be
liable for loss or damages of any kind. 3) Without prejudice to
the generality of the foregoing, to the maximum extent permitted by
applicable law, in no event will Foresight be liable for a) loss of
revenue; b) loss of actual or anticipated profits; c) loss of
contracts; d) loss of the use of money; e) loss of anticipated
savings; f) loss of business; g) loss of opportunity; h) loss of
goodwill; i) loss of reputation; j) loss of, damage to or corruption
of data; or k) any indirect or consequential loss; and such
liability is excluded whether it is foreseeable, known, foreseen or
otherwise. For the avoidance of doubt, (a) to (j) apply whether such
losses are direct, indirect, consequential or otherwise.
Limitation of Liability If
the exclusion of liability set forth under the section 'Exclusion of
Liability' is held inapplicable or unenforceable for any reason,
then Foresight's maximum aggregate liability to You for all losses
and damages shall be limited to 10.00yuan.
Proprietary Information (Trade marks
and Service Marks) 1) Certain portions of this Site
contain information that is considered confidential and proprietary.
This information is not available to the general public. Any attempt
to access this information will be prosecuted to the fullest extent
possible under local, state, national and international law. Nothing
contained herein shall be construed as conferring by implication,
estoppel or otherwise, any licence or right under any patent,
copyright, trade mark or other intellectual property right of
Foresight or any third party, except as expressly granted herein.
Financial promotions and investment
advice (Users based in the PRC) Information
contained in this Site and relating to Foresight's financial
performance, future outlook and other aspects of Foresight's business
is not intended to constitute a recommendation by Foresight to buy,
sell, or hold shares in Foresight and/or other related investments.
Foresight does not offer or provide any investment advice in relation
to its own shares and/or other related investments. Investment
decisions that you may make concerning Foresight's shares and/or other
related investments must be based solely on your evaluation of all
factors which you may deem relevant. If in doubt, you should seek
your own independent advice on the suitability of any investments
referred to in this Site.
Where information contained in
this Site constitutes financial promotions for the purposes of
Section 21 of the Financial Services and Markets Act 2000, such
financial promotions are communicated by Foresight pursuant to an
available exemption which permits us to communicate certain
financial promotions of securities already admitted to certain
markets. Such communications are therefore not approved by a person
who is authorised in the PRC by the Financial Services
Authority. Where we refer to the price at which Foresight shares have
been bought or sold in the past or to the yield on Foresight shares,
you should note that past performance cannot be relied on as a guide
to future performance.
General 1) Foresight makes no claims that
the Materials may be lawfully viewed or downloaded outside of the
PRC. Access to the Materials may not be legal by certain
persons or in certain countries. If You access the Site from outside
of the PRC, You do so at Your own risk and are
responsible for compliance with the laws of Your jurisdiction. 2)
These Terms and Conditions and use of the Site are governed by laws
of PRC. You and Foresight submit to the exclusive jurisdiction of
the Chinese courts, provided that Foresight may bring an action in any
jurisdiction or court of its choosing. 3) If any provision of
these Terms and Conditions are found to be invalid by any court
having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these
Terms and Conditions, which shall remain in full force and
effect. 4) No waiver of any term of these Terms and Conditions
shall be deemed a further or continuing waiver of such term or any
other term. 5) No changes to these Terms and Conditions shall be
made except by a revised posting on this page. 6) These Terms and
Conditions shall not be enforceable under the Contracts (Rights of
Third Parties) Act 1999 by a person or entity who is not a party to
these Terms and Conditions. |
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Copyright ©
2006 Zhuhai Foresight Project Management Service
Co., Ltd
All rights reserved
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