Terms of Use

This web site (“Web-Site”) is operated by Strategic Transactions Ltd (“J. Rotbart & Co.”, “us”, “we”, “our”). We are registered in Hong Kong and our registered office is at 21D, Unionway Commercial Centre, 283 Queen’s Road, Central, Hong Kong.

The following terms and conditions (“Terms of Use”) govern your use of the Web-Site, whether as a guest or a registered user. Your viewing or use of the Web-Site will constitute your agreement, on behalf of yourself and the Customer to the Terms of Use. “Customer” means the entity (1) that is your employer and on whose behalf you access and use the Web-Site and (2) where applicable, which has registered and been assigned an Account to use or access the Web-Site ; “you” means, as applicable, you as an individual and the Customer.

Please read these Terms of Use carefully before you start to use the Web-Site. If you do not agree to the Terms of Use or are not authorised to agree the Terms of Use on behalf of the Customer, please refrain from using the Web-Site. We may revise the Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Web-Site.

The Web-Site is provided solely for the use of current and potential Customers to interact with us and may not be used by any other person or entity or for any other purpose. Only authorized users with qualified passwords are allowed to use parts of Web-Site functions that require such authentication for use. We do not accept recommendations for new services or products through the Web-Site and if such information is received, it will not be considered confidential and J. Rotbart & Co. will be deemed free to use, communicate and exploit such information in any manner it chooses.

You represent and warrant that you have reached the age of legal majority and, if applicable, you can form legally binding contracts under applicable law on behalf of the Customer relating to the use of Web-Site or any of its services. If at any time you are no longer authorized to form legally binding contracts under applicable law on behalf of the Customer relating to a Web-Site Account, you may no longer use such Web-Site Account in any manner whatsoever.

 

CHANGES

The Web-Site and its content, including without limitation the information, graphics, products, features, functionality,services, and links (collectively the “Content”) may be changed, deleted or updated without notice. Any of the Content on the Web-Site may be out of date at any given time, and we are under no obligation to update such Content. If you have any concerns about material which appears on the Web-Site, please contact joshua@mcconsulting.asia.

 

ACCESSIBILITY

You are responsible for making all arrangements necessary for you to have access to the Web-Site. You are also responsible for ensuring that all persons who access the Web-Site through your internet connection are aware of these Terms of Use and that they comply with them. We may discontinue, suspend or modify the Web-Site at any time without notice, and we may block, terminate or suspend your and the Customer’s access to Web-Site at any time for any reason in our sole discretion, even if access continues to be allowed to others. We will not be liable if for any reason the Web-Site is unavailable at any time or for any period.

 

SERVICES

The Web-Site enables you to access, amongst, other things, to:

(1) view and/or download information and documents supplied by third parties including, without limitation, information tracking the location and delivery status of shipments and documents relating to such shipments (e.g. certificates of grading and/or authenticity) (“Third Party Content”);

(2) view information supplied by us including, without limitation, information tracking the location and delivery status of shipments and/or details of the inventory in storage (” Content”);

We will use reasonable endeavours to ensure that the Content is accurate, complete and up to date but cannot accept any liability for any errors or inaccuracies in the Content or for the Content being incomplete or out of date. In no event will we be liable to you, whether in contract, tort (including negligence) or otherwise for the accuracy or completeness of any Third Party Content. Our liability to you for the Services and Third Party Services will be governed by the limitations and exclusions set out in the terms and conditions applicable to those services.

 

OWNERSHIP

We are the owner or the licensee of all intellectual property rights in the Web-Site and in the Content. Those works are protected by copyright 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 the Web-Site for your personal reference and you may draw the attention of others within your organisation to material posted on the Web-Site. Our rights as the authors of the Content and the Web-Site must always be acknowledged. You must not modify or use any part of the Content or the Web-Site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy, download, modify or use any part of the Web-Site in breach of these terms of use, your right to use the Web-Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

DISCLAIMER OF WARRANTY

YOUR USE OF THE SERVICES, THE WEB-SITE, AND THEIR CONTENT ARE PROVIDED AT YOUR SOLE RISK AND ON AN “AS IS.” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, J.ROTBART & CO. AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING THE WEBSITE, THE CONTENT AND YOUR ABILITY OR INABILITY TO USE THE MA WEB-SITE AND ITS CONTENT.

J.ROTBART & CO., ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SERVICES, CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE WEB-SITE. NO INFORMATION OBTAINED VIA THE WEB-SITE OR SYSTEMS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY J.ROTBART & CO. IN THESE TERMS OF USE.

J.ROTBART & CO. IN THESE TERMS OF USE.

J.ROTBART & CO. DOES NOT WARRANT THAT THE WEB-SITE OR WILL MEET ALL OF CUSTOMER’S REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN WILL BE CORRECTED.FURTHERMORE, J.ROTBART & CO. DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF CUSTOMER’S USE OF THE WEB-SITE IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY J.ROTBART & CO. OR AN AUTHORIZED REPRESENTATIVE OF J.ROTBART & CO. SHALL CREATE A WARRANTY.

 

LIMITATION OF LIABILITY

Any material downloaded or otherwise obtained through the use of the Web-Site, is done at your own discretion and risk. You solely will be responsible for, any damages to, loss of data or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing the in the Web-Site or your downloading of anything from the Web Site.

In no event shall J. Rotbart & Co. or any of its associated or affiliated companies be liable for any direct, indirect, incidental, special, consequential, incidental or exemplary or other damages incurred by you or the Customer, including without limitation damages for loss of profits or contracts, loss of goodwill, loss of use, loss of business, loss of data, loss of anticipated savings, loss of income or revenue, business interruption, damage to any computer systems or wasted management or office time, whether caused by tort (including negligence), breach of contract or otherwise, even if you have advised J. Rotbart & Co. of such possibilities, or other intangible losses, under any theory of law, arising out of or resulting from: any errors in or the use of or the inability to use the Web-Site, its contents or its systems; the cost of procurement of substitute services resulting from any data, information or services obtained or messages received or transactions entered into through or from the Web-Site; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party or any other matter relating to the Web-Site. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

J. Rotbart & Co. endeavours to make sure that all information and data provided in connection with the Service (“Information”), is accurate. However, J. Rotbart & Co. is not responsible for any damages or loss related to the use of the Services.

All Information conveyed in the course of provision of the Service is transmitted, distributed and provided “as is” and without warranties of any kind, either express or implied, including without limitation that the Service will be available for use or work as described.

There are no warranties regarding title, security, accuracy, merchantability or fitness for a particular purpose or use with respect to the Information or the Service provided by J. Rotbart & Co.

J. Rotbart & Co. reserves the right to suspend or terminate the Service without notice at any time and accepts no responsibility for the Service not being available at all times.

J. Rotbart & Co. shall not be liable for any alleged damage or injury, including, but not limited to any compensatory, punitive, exemplary, incidental, consequential, direct, indirect and/or special damages, that result from Customer’s’ use or inability to use the Service or from the Information or from any computer virus, malfunction or other failure.

J. Rotbart & Co. makes no warranties or representations about the accuracy of the Information provided through the Service and assumes no liability or responsibility for (i) mistakes, or inaccuracies of the Information or in the course of provision of the Services, (ii) personal injury or property damage of any nature from access to and/or use of the Services, and (iii) any unauthorized access to or use of personal information and/or other information accessed through the Services, (iv) any interruption or cessation of the Services, (v) any bugs, viruses, Trojan horses or the like which may be transmitted by the Services, and/or (vi) any errors or omissions in any Information or any loss of transmitted information or data, or damage that is the result of use of the Service, or of any content emailed, transmitted or otherwise made available through the Service.

 

INDEMNITY

You hereby release, and agree to indemnify and hold harmless J. Rotbart & Co. and its subsidiary companies and their respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, arising out of your use or viewing of the Web-Site and its Content.

 

LINKS

There are links on the Web-Site, which allow you to visit the sites of third parties. These links are provided for your information only. We control neither these sites nor the companies to whom they belong. We make no representations concerning the information provided or made available on such sites nor the performance, quality or acceptability of the products or services offered, or the accuracy of any of the information supplied, by any persons or entities referenced in any such sites. Your purchase of any products or services on these third party sites are entirely at your own risk. You agree not to reproduce, duplicate, copy, sell or exploit for any commercial purposes, any portion of the Web-Site, use of the Web-Site, or access to the Web-Site. Nothing contained on the Web-Site should be construed as granting any license or right to use any Logo or Trademark displayed on the Web-Site without our prior written permission.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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 from any website that is not owned by you. The Web-Site must not be framed on any other site, nor may you create a link to any part of the Web-Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on the Web-Site other than that set out above, please address your request to joshua@mcconsulting.asia.

 

PRIVACY AND CONFIDENTIALITY

We process information about you in accordance with our privacy policy. By using the Web-Site, you consent to such processing and you warrant that all data provided by you is accurate.

Any material you upload to the Web-Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Web-Site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Web-Site.

 

COMPLIANCE WITH LAWS

You assume all responsibility for compliance with all laws and regulations of the country from which you may access the Web-Site including, without limitation, laws regarding access, use, export, re-export and import of any Content appearing on or available through the Web-Site.

 

VIRUSES HACKING AND OTHER OFFENCES

You must not misuse the Web-Site 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 the Web-Site, the server on which the Web-Site is stored or any server, computer or database connected to the Web-Site. You must not attack the Web-Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence [under the Computer Misuse Act 1990]. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Web-Site will cease immediately.

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

 

JURISDICTION AND SEVERABILITY

These Terms of Use, your use of the Web-Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Hong Kong , excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible. Any cause of action with respect to the Web-Site or these Terms of Use must be instituted within one year after the claim or cause of action has risen or be barred. The courts of Hong Kong will have exclusive jurisdiction over any claim arising from, or related to, a visit the Web-Site although J. Rotbart & Co. reserves the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.

J.Rotbart & Co