Terms and Conditions
TO USERS OF POMA WEB SITE
Please read the following terms and conditions ("T&C") carefully as they apply to your use of the website at [pioneeronkyoasiacom] ("Site") owned and operated by Pioneer & Onkyo Marketing Asia Limited ("POMA", “We/we”, “us” or “our”). The T&C governs the terms and conditions of the use of the Site. If you access the Site, you accept the T&C. If you do not agree to the T&C, then you should stop accessing or using the Site and the services provided here.
We will update the T&C from time to time without prior notice. If we change the T&C, we will post the revised version here, with an updated revision date. The revised T&C is effective immediately when posted on the Site. Users’ continued use of the Site following any changes to the T&C shall be deemed to be an acceptance of such amendment of the T&C. We strongly recommend users to check the T&C from time to time in order that he/she stays informed as to any such amendment of the T&C.
1. While POMA uses reasonable efforts to include accurate and up-to-date information in the Site, POMA does not warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free, nor does POMA make any explicit or implied service performance guarantee. POMA does not warrant that any information (or messages) transmitted via the Site will be transmitted accurately, reliably, in a timely manner or at all. POMA assumes no liability or responsibility for any loss and damages arising from or related to the use of the content of the Site.
2. You should assume that everything you see or read on the Site, including text, graphics, images, music, logos, button icons, links, HTML code, trademarks, software and other materials (collectively the "") is owned, controlled or licensed by or to POMA and is protected by the relevant patent, copyright and trademark laws. You may not use the Content, except as provided in the T&C or in the text on the Site, without the prior written permission of POMA. POMA neither warrants nor represents that your use of the Content will not infringe any rights of third parties not owned by or affiliated with POMA.
3. Exclusion of liabilities
(1) YOU EXPRESSLY AGREE THAT YOUR USE OF AND BROWSING IN THE SITE ARE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER POMA, ANY OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SHALL HAVE ANY LIABILITY, WHATSOEVER, FOR ANY DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE OR ANY OTHER HYPER LINKED WEB SITE, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, LOSS OF ANY EQUIPMENT, MEDIA OR DATA, OR OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF POMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY.
(2) WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, POMA MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
(3) POMA ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES FROM VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, NOR FOR ANY DAMAGE OR LOSS OF ANY EQUIPMENT, MEDIA, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
5. Images of people or places displayed on the Site are either the property of, or used with permission by, POMA. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by the T&C or if specific permission is provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.
6. Some of the products and services featured on the Site are displayed for information or promotional purposes only. The images of the products on the Site are for illustrative purposes only. Although POMA has made every effort to display the colours accurately, POMA cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.
7. The trademarks, logos, and service marks (collectively, the "") displayed on the Site are registered and common law Trademarks of POMA and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of POMA or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, is strictly prohibited. You are also advised that POMA will aggressively enforce its intellectual property rights to the fullest extent of the law, which may include civil and/or criminal prosecution.
8. You may not, in whole or in part, use, transfer, download or otherwise reproduce any part of the Site without our prior written consent. Re-use of any of the foregoing is strictly prohibited and we reserve all our rights.
9. Although POMA may, from time to time, monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, POMA is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. POMA will fully cooperate with any law enforcement authorities or court order requesting or directing POMA to disclose the identity of anyone posting any such information or materials.
10. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or with any other person’s use of the Site. You may not engage in sending spam, including but not limited to any form of unsolicited emails or messages. You may not violate, or attempt to violate, the security of the Site including, without limitation, accessing data not intended for you, attempting to probe, scan or test the vulnerability of a system or network, attempting to breach security or authentication measures without proper authorization, or attempting to interfere with service to any user, host or network. Violation of system or network security may result in legal liability.
11. You agree to indemnify and hold POMA, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, partners, representatives, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against such parties by any third party due to or arising out of or in connection with your use of the Site.
12. Third Party Sites:
(1) The Site may contain links to other websites and resources operated by any third parties ("Third Party Sites"). POMA has no control over the Third Party Sites. Third Party Sites are provided by POMA for users’ convenience only. POMA does not monitor the contents of the Third Party Sites. The inclusion of any link does not mean that POMA approves or endorses the contents of the Third Party Sites nor does it imply any association between POMA and operators of the Third Party Sites.
(2) POMA makes no warranties or representations, either expressed or implied, for any other web sites that may be accessed through the Site.
(3) POMA will not be responsible for the availability of these Third Party Sites, or their contents, nor do POMA endorse nor be responsible for any of the contents, advertising, products or other material on such Third Party Sites. Under no circumstances shall POMA be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, goods or service available on such sites (including but not limited to viruses, content and accuracy of information or software malfunctions). Any concerns regarding any external link should be directed to its responsible site administrator or webmaster.
13. Additional terms and conditions may apply to purchase of goods or services and to specific portions or features of the Site. If there are any conflict between the T&C and any of such additional terms and conditions, such additional terms and conditions shall control with respect to your use of that portion of the Site or the specific service.
14. POMA will modify and make improvements to the Site, whether technical, functional, aesthetic or otherwise. This may temporarily interrupt access to the Site. Access to the Site may also be temporarily interrupted for maintenance purposes. Users understand and acknowledge that due to circumstances both within and outside of the control of POMA, access to the Site may be interrupted, suspended or terminated from time to time.
15. POMA shall have the right at any time to change or discontinue any aspect or feature of the Site, including with limitation, content, hours of availability and equipment needed for access or use of the Site. Further, POMA may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
16. If any competent jurisdiction does not allow the exclusion or limitation of liability in accordance with the T&C but allows a limitation of a certain maximum extent, then POMA’s liability is limited to that extent.
17. If any of the terms of the T&C is/are determined to be invalid, illegal or unenforceable by any court of competent jurisdiction, such term(s) shall be severed and the remaining terms of the T&C shall survive and remain in full force and effect and continue to be binding and enforceable. If any changes to the T&C are adjudicated to be invalid or unenforceable, the original T&C will continue in full force and effect.
18. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. We may, at our sole discretion, report actual or perceived violations to law enforcement or appropriate authorities. We may block your email or IP address, terminate or suspect your access to or use of all or part of the Site, and remove any content within such services immediately for any reason without notice, for any conduct that we believe is disruptive to the Site or is in violation of any applicable law or the T&C.
19. You agree that if POMA does not exercise or enforce any right or remedy which is contained in the T&C, this will not be taken to be a formal waiver of POMA’s rights and that those rights or remedies will still be available to POMA.
20. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Hong Kong. You agree to the jurisdiction by and venue in the courts of Hong Kong and waive any objection to such jurisdiction or venue.
If you have any questions about the T&C, please contact us.
Name: Pioneer & Onkyo Marketing Asia Limited
Unless the context otherwise requires, words importing one gender include the other genders; words importing the singular shall include the plural and vice versa.
In the event that there is any inconsistency between the English and Chinese version of the T&C, the English version shall prevail.
Updated on 2020.06.29