General Uses Terms
The NOONST’s website (https://noonst.com, hereinafter as “NOONST”) is published and operated by QUAD ONE Limited, a company registered in Hong Kong under Business Register number: 72059544-000-07-20-2, whose registered office is at 1503, Multifield Centre, 426 Shang Hai Street, Mong Kok, Hong Kong (“Quad One”).
NOONST is not intended for use by minors. By accessing and/or using NOONST, you warrant that you are at least 18 years of age.
1. Security and Personal Data
2. Intellectual Property
All materials featured on NOONST (drawings, designs, models, illustrations, images, sound tracks, texts, logos, trademarks…) are the exclusive property of QUAD One or its subsidiaries. You may not reproduce, by any means or process, totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such materials contained on NOONST. The “NOONST” and “QUAD ONE” trademarks, the device trademarks of a horse and carriage and all other related trademarks and logos, and all intellectual property rights, if registered, displayed on NOONST, as well as the domain name “noonst.com”, are and will remain the exclusive property of QUAD One. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose whatsoever without prior and express agreement of QUAD One is prohibited. You may not remove any copyright, trademark or other proprietary notice contained on NOONST or any content contained therein. You may make a single copy of web pages published on NOONST for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein.
NOONST may contain links to third party websites that are not published or controlled by QUAD One. Such links are provided as a convenience only and cannot, and may not be interpreted as, an express or implied endorsement of such websites, their content or any products or services offered thereon. You may only provide a link to NOONST if expressly authorized in writing by QUAD One.
4. Right to Suspend
QUAD One do not guarantee that NOONST, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of NOONST for business, operational and/or regulatory reasons, or if you breach these Terms and Conditions of Use. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access NOONST through your internet connection are aware of these Uses Terms and other applicable terms and conditions, and that they comply with them.
5. Limitation of Liability
Neither QUAD One shall be liable to you or any third party for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits or other indirect losses, arising out of or about your use or inability to use NOONST. This limitation of liability shall apply fully permitted by law. You agree to fully indemnify, defend and hold harmless QUAD One, together with the respective agents, officers, directors, employees and suppliers, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Uses Terms by, or the use by any other person accessing NOONST using your personal data.
6. Disclaimer of Warranty
QUAD One do not warrant or represent that:
– NOONST is free from viruses, data overwriting programs, trojan horses or other destructive material;
– the information contained on NOONST is accurate, complete or up to date.
NOONST may contain technical inaccuracies or other defects and QUAD One does not warrant that such defects will be corrected. NOONST and its contents are provided on an “as is” and “as available” basis. QUAD One expressly disclaims all warranties of any kind, including without limitation, any implied warranty regarding the usual conditions of use of NOONST or the adequacy of NOONST for a usual or specific use, its quality or compliance with all statutory provisions. This disclaimer and exclusion of warranty shall apply fully permitted by law. You are responsible for configuring your information technology, computer programmes and platform to access the NOONST. You should use your own virus protection software. You must not misuse NOONST by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to NOONST, the server on which NOONST is stored or any server, computer or database connected to NOONST. You must not attack NOONST via a denial- of-service attack or a distributed denial-of service attack. By breaching this provision, you may incur liability under applicable law, and QUAD One reserves the right to report any such breach to the relevant law enforcement authorities.
7. Governing law and Jurisdiction
These Uses Terms shall be governed by and construed in accordance with Hong Kong law. These uses Terms are drafted in English.
In the event of a dispute arising out of or about these Uses Terms, either party may use a mediation procedure or any other alternative procedure for settlement of a dispute. Any dispute, controversy, difference or claim arising out of or relating to these Uses Terms which cannot be resolved within thirty (30) days after the commencement of the discussion, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be [one]. The arbitration proceedings shall be conducted in English. QUAD One reserves the right to seek and obtain injunctions or orders, or such other form of relief (including specific performance or monetary damages if appropriate) as may be proper under applicable laws, in any court of competent jurisdiction, to protect its rights hereunder.