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Terms and Conditions of Website Use

PLEASE READ THIS CAREFULLY BECAUSE IT SETS OUT THE TERMS OF A LEGALLY BINDING AGREEMENT BETWEEN YOU AND TIANCHENG INTERNATIONAL AUCTIONEER LIMITED


Terms of Website Use

The following are the terms and conditions (the "Terms") under which you may use the website of Tiancheng International Auctioneer Limited ("Tiancheng International" or "we" or "us" or "our") at www.tianchengauction.com and/or any other addresses (any or all of which are herein referred to as the "Website").

Please read this page carefully. By accessing and using the Website, you accept and agree to be bound by the Terms. If you do not agree to these Terms, you must not use our Website.

Tiancheng International may, at its sole discretion, modify or revise the Terms at any time by updating the text of this page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.


1. Other Applicable Terms

Please also refer to our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us.

If you purchase goods at auction, our Terms and Conditions of Purchase will apply to the sales.


2. Changes To Our Site

We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our Website, or any content on it, will be free from errors or omissions.


3. Accessing Our Site

Our Website is made available free of charge.

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.


4. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by amongst other things copyright and trademark laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.


5. Viruses

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.


6. Linking to the Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Such link shall: (i) not contain any logos, but rather should merely read "Tiancheng International" in plain text, (ii) open in a new browser window; and (iii) link to the full version of an HTML formatted page of this Website.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Website in any website that is not owned by you.

Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.

We reserve the right to withdraw linking permission without notice.


7. Third Party Websites

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.


8. Liability

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Hong Kong law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Website; or
  • use of or reliance on any content displayed on our Website.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of Purchase.


9. Termination

Tiancheng International may terminate, change, suspend, add to or discontinue any aspect of the Website or the Website’s services at any time, in our sole discretion, and without liability to any user.

Tiancheng International may restrict, suspend or terminate your use of or access to the Website and/or its services if we believe you are in breach of or are attempting to breach our Terms or applicable law, or for any other reason without notice or liability (including, for example, if we learn that you have provided us with false or misleading information, or interfered with the administration of our Website or services).

Tiancheng International maintains a policy that provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of intellectual property rights.


10. General

Please note that these Terms, its subject matter and its formation (and any non-contractual disputes or claims), are governed by Hong Kong law. Both you and we agree that the courts of Hong Kong will have non-exclusive jurisdiction.

This Website is intended for use by persons in Hong Kong. If you access the Website from outside of Hong Kong, you are responsible for compliance with the laws of your jurisdiction.

Tiancheng International makes no claim that the Website is appropriate for any particular purpose or audience, or that they may be downloaded outside of Hong Kong.

Should there be any conflict or discrepancy between the Chinese and English version of these Terms, the English version prevails.


11. Further Inquiries

You may direct questions about these Terms, or other issues, to:

Tiancheng International Auctioneer Limited
30/F Bank of China Tower
1 Garden Road, Central, Hong Kong
info@tianchengauction.com
Attn: Website Inquiry

Last Modified: April 2013