Terms of Use

Your use of this web site and associated micro sites constitutes your agreement to be bound by these terms of use.

Web Site License and Access

As a user of this web site, unless otherwise stated, you are granted a single user, non-exclusive, non-transferable, revocable limited license to access and use the web site and its content in accordance with these Terms of Use. Topcast may terminate this license at any time where it considers its copyright or intellectual property rights have been infringed accidentally or otherwise or that the scope of usage is or is intended to be outside the permitted Terms of Use.

Your Conduct

The Content on this web site is for your personal use only within the organization or entity to which you are attached and it is not intended for commercial exploitation unless agreed in writing between both parties by the relevant competent authorizing individual and or department within Topcast. You may not reverse engineer, modify, disassemble, lease, rent, transmit, re-transmit, sell, sublicense or otherwise create derivative works for commercial or non-commercial exploitation by yourself or the organization or entity to which you are attached or permit third parties to so do. Limited reproduction including decompiling and recompiling is permitted within your own organization or entity for use in the ordinary course of business provided that the title or database brand name and Topcast name is stated as the source. Unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content is not permitted.

Content Third Party Content and Links

In the provision of reports, research, e-learning or other data and information, Topcast may use its own staff resources or those of third parties or a combination of such resources in the preparation and presentation of said material(s). Topcast will take all reasonable endeavours to ensure the accuracy of such material(s) and to the best of Topcast’s knowledge the numeric tables and numeric time series where shown are accurate but are subject to usual statistical norms and variables. Topcast reserves the right to make alterations to products and services from time to time in the interests of maintenance, operability, accuracy, topicality and usefulness. Topcast warrants that it has taken all reasonable endeavours to ensure such material(s) is free of intellectual property infringement insofar that this is possible. In addition, this web site and associated micro sites may provide links to other Internet sites or resources (“third party links”). Topcast is providing these third-party links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Topcast of those sites.

Because Topcast has no control over such external resources and sites, you acknowledge and agree that Topcast is not responsible for the availability of such external resources and sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such external resources and sites. Topcast may terminate the availability of such external resources and sites through links on its web site at any time. Topcast will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through these channels.

Intellectual Property Rights

The contents of the data and information made available on this web site and associated micro sites, including, but not limited to text, data, graphics, and icons, are copyrighted materials owned by Topcast, including its affiliates and subsidiaries, and its partners. Topcast, www.topcast.com and other unique record locators (URL) and or other Topcast logos and product and service names are trademarks of Topcast, which are protected by applicable laws of certain countries. All rights are reserved. You must not modify, decompile, or reverse engineer any software Topcast discloses to you via this web site, and you must not remove, overprint, or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of software or information from the web site. “Topcast Trademarks” means all names, marks, brands, URL names or addresses, logos, designs, trade dress and other designations Topcast uses in connection with Products or Services. You are not permitted to incorporate any Topcast Trademarks into any other trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations. Any unauthorized use of any Materials contained on this web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Disclaimer of Warranties

While every effort has been made to ensure the quality and accuracy of information displayed on this web site, Topcast makes no warranty, express or implied, concentrating the site and its contents and disclaims all warranties, including, but not limited to, warranties of fitness for a particular purpose and warranties of merchantability. Topcast further makes no warranty that the web site or any web sites linked thereto will be error free, free of viruses or other harmful components, or that any defects will be corrected.

Topcast disclaims all responsibility for any loss, injury, claim, liability or damages of any kind arising out of use of this web site or access to third party links, contents or sites via this web site. Topcast does not warrant that access to this web site or linked third party web sites will be available at all times, but it will take all necessary steps to rectify fault(s) as soon as reasonably practicable.

Any material downloaded or otherwise obtained through the use of this web site is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Topcast or through or from this web site will create any warranty not expressly stated in the terms. Topcast’s employees are not authorized to vary these terms.

Limitation of Liability

To the extent not prohibited by applicable law, Topcast is not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data, electronically transmitted orders, or other economic advantage (even if Topcast has been advised of the possibility of such damages), however caused and regardless of the theory of liability, arising out of or related to:

1. the use of or the inability to use this web site;
2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the web site;
3. unauthorized access to or alteration of your transmissions or data;
4. statements or conduct of any third party on the web site and topcast.com; or
5. any other matter relating to the web site.

You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the web site and will not make a claim against Topcast for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the materials. You agree to hold Topcast harmless from, and you covenant not to sue Topcast for, any claims based on using the web site.

Privacy

Topcast is committed to maintaining the privacy of those using its web site and has a privacy policy that governs the treatment of any personal information received through your visit to its web site. Your use of this web site is subject to Topcast privacy policy.

Severability

If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Headings

The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.

No Waiver

The failure of Topcast to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision.

Governing Law

This Agreement shall be governed by the laws of Hong Kong SAR, as if this Agreement were a contract wholly entered into and wholly performed within Hong Kong SAR, without reference to choice of law provisions. The parties to this Agreement irrevocably agree to submit to personal jurisdiction.