Terms and Conditions of STL

Last Updated: 25/02/2019

A. Introduction

Please read these terms and conditions of STL (the “Terms”) carefully before using the website www.jrotbart.com and all updates thereof (the “Site”), as the Terms not only apply to the Site but also to other services provided by Strategic Transactions Limited (“STL”, “we” or “us”), unless expressly stated to the contrary.

By accessing this Site and or by using services provided by STL (the “Services”), you signify your agreement to be bound by the Terms, as they may be modified, updated and or supplemented from time to time, even without prior notice to you.

All changes in the Terms and or in the provision of the Services will be visible and readable from the Site, as may be amended and or updated from time to time.

We offer a wide range of Services, so additional terms may apply. When you use our Services, you will also be subject to such additional terms and conditions as are then applicable to our provision of such specific Services.

B. Provision of Services; Acknowledgement by User

You, the user of the Site and or of the Services, hereby irrevocably and unconditionally acknowledge, and agree with STL and accept that: –

  1. the form and nature of the Site and or the Services may change from time to time, without prior notice to you;
  2. STL may withdraw or amend any information or Services supplied or made available on the Site and or cease, permanently or temporarily, to provide access to the Site and or all or any of the Services, at STL’s sole and absolute discretion, without prior notice to you; and
  3. STL may collect and analyse the usage statistics of every person accessing the Site and or the Services and that it may from time to time use third party research and technology to help analyse such usage statistics collected.

C. Use of Services

In your access and or use of the Site and or of the Services, you irrevocably agree to pay all agreed fees in the manner required by STL, and to provide all required information, including but not limited to your personally identifiable information, to STL.

In the case that you access and or use the Site and or the Services via any of STL’s service partners or their products, you irrevocably agree to transfer such information to STL from its service partners, as part of the continued use of the Site and or the Services.

You further irrevocably and unconditionally agree with STL: –

  1. to use the Site and or the Services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  2. to be solely responsible for any breach of the Terms by you (and that STL has no responsibility to you or to any third party for any such breach), and for the consequences of any such breach, including any loss or damage which STL may suffer;
  3. not to engage in any activity that interferes with or disrupts the Site and or the Services, or any connected servers or networks; and
  4. not to reproduce, duplicate, copy, sell, trade or resell any information from the Site and or the Services, and the content and information available thereon, for any purpose, unless you are specifically permitted to do so in a separate agreement with STL.

D. Intellectual Property Rights

The Site and the Services, including all content thereon, are protected as copyright works, to the extent permitted by the Copyright Ordinance (Cap. 528 of the laws of the Hong Kong Special Administration Region) (“Hong Kong”), and all other applicable laws and international treaties.

In this respect, you irrevocably and unconditionally acknowledge and agree with STL that: –

  1. STL owns and retains all legal and beneficial right, title and interest in and to the Site and the Services, including any intellectual property rights subsisting in the Site and the Services, whether those rights are registerable or unregistrable;
  2. the provision of access to the Site and or to the Services by STL to you does not transfer to you or to any third party any right, title or interest of STL, including, without limitation, any intellectual property rights in any content available on the Site and or through the Services;
  3. unless otherwise agreed in writing by STL, nothing in the Terms gives you a right to use any of STL’s intellectual property rights, including trade names, trade marks, service marks, logos, domain names, or any other distinctive brand features, without the prior written consent of STL;
  4. you must not remove, obscure, or alter any proprietary rights notices, including, without limitation, copyright and trade mark notices, which may be affixed to or contained on the Site and or the Services;
  5. unless expressly authorized to do so in writing by STL, in accessing or using the Site and or using the Services, you must not use any trade mark, service mark, trade name, logo of STL in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos; and
  6. you must not to use the content and information available on the Site and or through the Services in any manner that could compete with STL.

E. Limitation of liability

STL shall not be liable to you, in your use of the Site and or the Services, for any errors or delays in the information, data, content and or other materials available on the Site and or on the Services, whether or not used or relied upon by you.

To the extent permitted by law, STL shall not be liable for any damage, loss or liability, whether arising in contract, tort, including negligence, or otherwise, arising out of or in connection with your use or attempted use of the Site and or the Services, your reliance on the content and information available on the Site and or the Services and or any failure in performance, error, omission, interruption, defect, delay in operation of the Site and or the Services.

The above exclusions of liability apply to any loss, damage or liability which is direct, indirect, special, incidental or consequential or consist of loss of profits, loss of business, loss of anticipated earnings, loss of revenue, loss of opportunity, loss of contracts, loss of data or loss of goodwill or reputation; regardless of whether STL has been advised of the possibility of such loss, damage or liability.

Without prejudice to the foregoing, STL shall not be liable for a claim arising out of or in connection with its provision of access to the Site and or to the Services unless the party bring such claim (the “Claiming Party”) gives notice to STL in writing of the claim, summarizing the nature of the claim as far as it is known and the amount of the claim within the period of seven (7) days beginning with the date on which the claim arose, after which the claim will be time barred.

Without prejudice to the limitations and exclusions of liability above, the aggregate liability of STL to any Claiming Party shall not exceed the amount of fees received by STL from such Claiming Party for the month preceding the date on which such claim arose.

F. Indemnity

Without prejudice to and indeed in addition to STL’s rights, claims, and remedies for a breach of the Terms by you, you irrevocably and unconditionally covenant with STL to indemnify and keep indemnified STL, on demand, against any loss, expense or liability which STL may suffer or incur as a result of or in connection with any breach of the Terms by you, together with all costs, charges, interest, penalties and expenses incidental or relating to it.

G. Force Majeure

Neither STL nor you will be liable to the other for any delay in performing or failure to perform any of its obligations under the Terms which is caused by circumstances beyond its reasonable control, including, without limitation, the failure, malfunction, shortage or unavailability of electronic devices, telecommunications, data communications and or computer systems or services, government action, war, civil unrest, strikes, lock-outs or other industrial action or trade disputes, whether involving either the employees of STL or you or those of a third party.

Any delay or failure of this kind will not be deemed to be a breach of the Terms and the time for performance of the affected obligation will be extended by a period which is reasonable in the circumstances.

H. Third Parties Rights

The provisions of the Contracts (Rights of Third Parties) Ordinance, Cap. 623 of the laws of Hong Kong are expressly excluded from and do not apply to the Terms.

I. Disclaimer

By accessing and or using the Site and or the Services, you irrevocably and unconditionally agree to be bound by the separate Disclaimer of STL, as it may be modified, supplemented, and or updated from time to time, without prior notice to you.

J. Privacy policy

STL is committed to protecting the privacy, confidentiality and security of all personal data of and obtained from you. We comply with the requirements of the Personal Data (Privacy) Ordinance, Cap. 486 of the laws of the Hong Kong with respect to the management of personal data.

By accessing and or using the Site and or the Services, you irrevocably and unconditionally agree to be bound by the separate Privacy Policy of STL, as it may be modified, supplemented, and or updated from time to time, without prior notice to you.

K. Governing Law, Jurisdiction and Dispute Resolution

The Terms shall be governed by and construed in accordance with the laws of Hong Kong.

In relation to any legal action and proceedings arising out of or in connection with the Terms, you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Hong Kong and waive any objection to such proceedings in such Courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.

Joshua Rotbart
Founder and managing director

J.Rotbart & Co