Terms and Conditions of Use of Advertiser Services relate to Jobs (“Terms of Advertiser Services”)

Set forth below are the Terms of Advertiser Services governing the use of the merchant service system, including the OpenRice Biz App/Websites, (“System”) powered by Openrice Group Inc. and/or its subsidiary(ies) and/or its affiliate(s) (hereinafter collectively referred to as the “Company”, and where the context requires or permits, “Company” may refer to any one of Openrice Group Inc. and/or its subsidiary(ies) and/or its affiliate(s)) and/or any services made available to a party (“Advertiser” or “Merchant” as stated hereunder and under any Platforms (as defined below) as appropriate. “Advertiser” is also subject to the same terms & conditions of that to Merchant under any Platforms as appropriate unless otherwise specified.) who has signed any contract, quotation, registration form or service order form (hereinafter singly or collectively referred as the “Service Order”) with any subsidiary or affiliate of Openrice Group Inc. or upon acceptance of any free trial offer for using any modules of the System and/or any related services. The relevant information uploaded by Advertiser or by any party authorized by Advertiser using the System will be published on Openrice.com, OpenJobs.com and/or, their respective sub-domains (hereinafter collectively or singly reference to as the “Site(s)”), Openrice mobile applications and/or mobile webs (hereinafter collectively or singly reference to as the “Application(s)”), and/or any media platforms powered by the Company (hereinafter singly or collectively referred to as “Platform(s)”) (The Site(s), Application(s) and the Platform(s) may be hereinafter singly or collectively referred to as “Channel(s)) and/or platforms operated by any third parties (“Third Party Platform”) which have been authorized by the Company to display such relevant information and in connection with the provision of marketing materials, offers, job advertisement and/or any other services which are made available via the Channels or the Third Party Platform for use and/or viewing by general users (“Users”) of the Channels or users of the Third Party Platform. The Company reserves the right to revise the Terms of Advertiser Services from time to time by posting the revised version on the Channels. Once posted on the Channels, the revised Terms of Advertiser Services shall become effective. The Advertiser’s continued use of the Channels after changes of the Terms of Advertiser Services have been made constitutes the Advertiser’s acceptance of the revised Terms of Advertiser Services.

The Company’s provision of a non-exclusive, revocable, non-sublicensable and non-transferrable right to use the software programs, functionalities, processing and technologies of any module of the System, together in each case with any related services and materials which the Company makes available are hereinafter referred as the “Advertiser Services” or “Merchant Services”.

By using any of the Advertiser Services and/or any module of the System, the Advertiser acknowledges and agrees that it will be bound by these Terms of Advertiser Services, the Terms and Conditions, the Privacy Policy and the terms and conditions of any Service Order (hereinafter collectively referred as the “Agreement”). In the event of any conflict among the terms of the aforesaid documents, the following descending order of precedence shall apply:- (i) the terms and conditions of the Service Order; (ii) Privacy Policy; (iii) the Terms of Advertiser Services; and (iv) the Terms and Conditions.

The Company may offer additional features and functionalities for Advertiser (“Additional Solutions”) via the System. The use of any of the Additional Solutions will also be subject to the Agreement (and in particular, the Terms of Advertiser Services) and may require the Advertiser to agree to additional terms and conditions specific to those Additional Solutions which may be incorporated into the Agreement.

The rights of the Advertiser and [the restaurant(s) or outlet(s) nominated by the Advertiser (“Participating Restaurant(s)” or “Participating Restaurant(s)/Outlet(s)”) ] to use any of the Advertiser Services which is non-exclusive, revocable, non-sublicensable and non-transferable, are effective from the date as stipulated in the Service Order and will be terminated on the expiry of the service period as stipulated in the Service Order or upon termination in accordance with the terms of thereof , whichever is earlier (the “Term”). In case of any free trial of any module of the System offered to the Advertiser without executing any Service Order, the Term shall be determined at the sole discretion of the Company.

Provision of the Advertiser Services
1. The Advertiser Services provided by the Company shall only be used by the Advertiser and [the Participating Restaurant(s)/Outlet(s)] during the Term.
2. The Advertiser undertakes that it shall comply, and shall procure each [Participating Restaurant(s)/Outlets] (including any persons authorized by the Advertiser to use the System (“Authorized User(s)”), its employees, agents and contractors (collectively “Related Parties”)) to comply with the terms of the Agreement. The Advertiser shall be fully responsible for any breach of any term of the Agreement by the Participating Restaurant(s)/Outlet(s) or the Related Parties.
3. The Advertiser agrees that the Company shall have the exclusive right to substitute, remove, modify, enhance or upgrade part or all of the components and modules of the System at any time at its absolute discretion without any notice to the Advertiser and the Advertiser shall have no right to object to such substitutions, removals, modifications, enhancements and/or upgrades made to the System provided that:
  1. the Company gives to the Advertiser reasonable notice of any changes that may materially affect the normal use of the System; and
  2. such substitutions, removals, modifications, enhancements and/or upgrades will not deprive the Advertiser of the standard features and functionalities of the System as at the commencement date (as stipulated in the Service Order) of its use of the related module(s) of the System.
4. The Company will use its reasonable efforts to ensure that sufficient capacity is maintained on its computer facilities to enable:
  1. the [Participating Restaurant(s)/Outlet(s)] to use and access the System; and
  2. users of the Channels to access the Channels.
5. The Company may at its own absolute discretion during any period of time:
  1. carry out scheduled maintenance and non-scheduled maintenance of the System and the Channels; and
  2. provide and carry out daily backup of the data collected and maintained by the Company solely for the Advertiser (“Database”).
The Advertiser’s Facilities
1. The Advertiser shall be solely responsible for the provision of its and its Participating Restaurant(s)/Outlet(s)’ own internal facilities (including but not limited to terminal, mobile device, software, electricity, modem and internet connection, telecommunications facilities and hardware) (hereinafter collectively referred to as “Access Facilities”) necessary for utilizing any of the relevant Advertiser Services and/or any relevant module of the System.
2. The Company accepts no responsibility for any deficiency in or malfunction or maintenance of the Advertiser’s Access Facilities.
The Advertiser’s Representations, General Obligations and Responsibilities
1. The Advertiser represents and warrants that (i) it is an independent corporation duly organized, validly existing and in good standing under the laws of jurisdiction of its incorporation; (ii) it and the Participating Restaurant(s)/Outlet(s) are properly registered to do business and have obtained the related licence(s) (including but not limited to liquor licence) to provide the products and services which are displayed on the Channels and/or provided to Users pursuant to any applicable law and regulations in all jurisdictions in which they carry on business; (iii) it has the corporate power, authority and legal right to execute and perform the Agreement and to carry out the transactions and its obligations contemplated hereunder; (iv) its consummation of the Agreement will not conflict with any of its corporate or constitutional documents or violate any applicable law; (v) there is no litigation, proceeding or investigation of any nature pending or, to its knowledge, threatened against or affecting it, which would reasonably be expected to have a material adverse effect on its ability to perform its obligations under the Agreement; (vi) any materials provided by the Advertiser and its Related Parties to the Company or uploaded with the System and any products or services sold by the Advertiser and the Participating Restaurant(s)/Outlet(s) do not infringe any third party’s rights and interests; and (vii) the Authorized User(s) agree to the Company’s use of their personal data, such as name, email address and/or telephone number (which have been provided by the Advertiser to the Company) pursuant to the Privacy Policy .
2. The Advertiser will promptly inform the Company of any action or event of which it becomes aware that has the effect of making inaccurate, any of the Advertiser’s representations or warranties as set out in Clause 3.1 above.
3. The Advertiser shall ensure that only the Authorized User(s) who have been properly trained may log into the System and that the Authorized User(s) shall use the System in accordance with the service guidelines as may be provided by Company from time to time during the Term.
4. The Advertiser shall maintain and procure all Related Parties to maintain the confidentiality of the username (“Username”) and password (“Password”) required to access the System.
5. The Advertiser is solely responsible for any use of, action taken and transactions that occur under the Username and the Password.
6. The Advertiser shall promptly notify the Company of any changes in information about the Participating Restaurant(s)/Outlet(s) and any change in the particulars of the Corp Admin (as defined in the Service Order) in accordance with the terms of the Agreement.
7. The Advertiser and the Participating Restaurant(s)/Outlet(s) shall fully comply with the Trade Descriptions Ordinance (Cap. 362 of the laws of Hong Kong) and all other applicable laws to ensure that the information/content uploaded to the System is true, legal, valid, up-to-date, accurate, not misleading and not infringing any third party’s intellectual property rights.
8. The Advertiser and the Participating Restaurant(s)/Outlet(s) shall provide and fulfill the terms of their services/products which shall be/are uploaded to the System for publishing on the Channels in accordance with the terms of the Agreement and the Advertiser shall be solely responsible for and bear all risks relating to the transactions.
9. The Advertiser shall not upload or submit to the System any unlawful or inappropriate content or any item prohibited by any applicable law.
10. The Advertiser agrees that the Company shall have the right to pre-screen and approve content of any coupons, Vouchers and materials provided with the System before they are published on any Channel. The Company shall have the rights to pre-screen, refuse and/or remove from the System and/ or the Channels any content that violates any term of the Terms and Conditions or the Agreement or any applicable laws or regulations.
11. The Advertiser shall promptly notify the Company of any malfunction, error or defect in the System and provide the Company with a list of output and any other data that the Company may request in order to reproduce conditions similar to those present when such error, defect or malfunction occurred.
12. The Advertiser shall maintain procedures to facilitate the reconstruction of any lost or altered files, data or computer software, and the Advertiser agrees that to the fullest extent permissible under the law, the Company will not be liable under any circumstances for any consequences arising from lost or corrupted data, files or programs.
13. (i) The Company may, from time to time, in accordance with the applicable laws and the applicable terms of the Agreement, provide personal data of Users, such as name, email address and/or telephone number (“Personal Data”) to the Advertiser (based on the Advertiser Services which the Advertisers have subscribed for) for the purposes of enabling the Advertiser and/or the [Participating Restaurant(s)/Outlet(s)] to Advertiser contact Users who have responded to Job Ad (as defined in Clause [4] below), to assess the suitability of Job Seekers (as defined in Clause [4] below); and/or to conduct internal operation and business analysis aiming to provide better services to such Users. (ii) The Advertiser and the [Participating Restaurant(s)/Outlet(s)]shall at all times properly protect all Personal Data provided by the Company or otherwise collected through the System or the Advertiser Services in accordance with the applicable laws and shall at all times comply with the requirements of the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong) and similar applicable laws or regulations of other countries where the Advertiser and/or its [Participating Restaurant(s)/Outlets] may be located at otherwise that they are subject to. The Advertiser shall use its best endeavors to ensure that the Personal Data is protected against misuse, loss or unauthorized access, modification or disclosure and shall make sure that the Personal Data is only accessible by staff members of the Advertiser and the Participating Restaurant(s)/Outlet(s) on a need-to-know and confidential basis for the aforesaid purposes only.
14. Unless express consent is obtained from the respective data subjects of the Personal Data, the Advertiser must not and shall procure the [Participating Restaurant(s)/Outlet(s)], its related parties and its affiliated parties not to use any of the Personal Data for purposes other than those stated in Clause 3.13 above (and in particular, not for any direct marketing purposes).
15. The Advertiser shall ensure maintenance and renewal of all the licenses and permits which are required in connection with the business operation of the [Participating Restaurant(s)] to comply with all the applicable laws and shall ensure that the [Participating Restaurant(s)] shall prepare, sell and provide any food and/or beverage in strict compliance with all the applicable laws, regulations and standards pertaining to the food preparation, hygiene and safety applicable to restaurants’ operations.
16. The Advertiser agrees that the Company may disclose or publish the name, address(es) and telephone number(s) of the Advertiser and/or the [Participating Restaurant(s)/Outlet(s)], and materials which are not of a confidential nature provided by the Advertisers and/or the [Participating Restaurant(s)/Outlet(s)] for promoting the Advertiser Services.
17. The Advertiser agrees to use its best effort to display the promotional materials, such as tent card, leaflet, sticker etc. provided by the Company at the [Participating Restaurant(s)/Outlet(s)) for promoting the Advertiser Services used by the Participating Restaurant(s)/Outlet(s).
18. The Advertiser shall not resell or assign, subcontract or attempt to resell or assign or subcontract the Advertiser Services to any parties without the prior written consent of the Company.
19. The Advertiser shall not alter, reproduce, adapt, distribute, publish, reverse engineer, compile or attempt to create any source code that is derived from the System.
20. The Advertiser shall pay, indemnify, and hold the Company harmless from any sales, use, excise, import or export, value-added, or similar tax or duty, and any other tax or duty which arise from the Company’s provision of any service to the Advertiser but is not based on the Company’s income. Such taxes, fees and duties paid by Advertiser shall not be considered a part of, a deduction from, or an offset against, payments due to the Company under any Service Order signed between the Advertiser and the Company.
Applicable to the Advertiser in utilizing the Job Posting Module of the System (“Job Posting Service”)
1. The Advertiser shall upload or post job advertisement or provide materials to the Company to compile job advertisement for posting on the Channel only for its own business or business of its Participating Restaurant(s)/Outlets and each job advertisement shall be for one job position only. Any job advertisement posted on the Channel shall hereinafter be referred to as “Job Ad”.
2. The Advertiser shall warrant and ensure that:-
  1. its Job Ad fully complies with all applicable laws and regulations, including but not limited to Personal Data (Privacy) Ordinance, Employment Ordinance, Disability Discrimination Ordinance, Family Status Discrimination Ordinance, Sex Discrimination Ordinance or Race Discrimination Ordinance;
  2. all information contained in Job Ad is true, complete, not misleading and accurate;
  3. the Job Ad only promotes job opening that represents bona fide employment;
  4. any specifications and requirements set out in Job Ad is objective and relevant related to skills, knowledge, qualifications and job experiences but not discriminatory; and
  5. all information or data obtained in the course of or as a result of the Advertiser’s use of the Job Posting Service shall only be used for the sole purpose of recruiting and assessing the suitability of the User who responds to the Job Ad (“Job Seeker”) ; and
  6. it shall not respond to any Job Seeker other than in connection with his/her application for a Job Ad.
3. In the event that the Advertiser is in breach of any terms of the Terms of Advertiser Services, the Company reserves the right to terminate the Job Posting Service and to delete or revise the Job Ad posted on the Channel at the Company’s own discretion without any compensation or recourse to the Advertiser nor giving notice to the Advertiser.
4. Any Job Ad will be published on the Channel for a period of time pursuant to the term of the related Service Order, save and except for free trial offer (term of which shall be determined by the Company) or except in the event if the Job Ad is deleted, suspended or terminated by the Company in accordance with any term of the Agreement.
5. The Advertiser agrees that the Company:-
  1. is not responsible for content of any Job Ad or any information provided by any Users;
  2. does not guarantee delivery of Job Ad to or receipt of any information provided by any Job Ad;
  3. assumes no responsibility for any communications or disputes between Advertisers and Job Seekers;
  4. does not verify identities of any Job Seeker who responds to a Job Ad; and
  5. provides no guarantee as to the Job Seeker’s qualifications or interest in any Job Ad.
6. The Advertiser consents that the Company may, on its behalf, send Job Ad to any Users and may update Job Seekers when their applications have been viewed by the Advertiser.
7. The Advertiser agrees that the Company has the right to charge the Advertiser a fee for providing the Job Posting Service after the free trial period (if any) and/or revise the fee as it deems appropriate with prior written notice issued to the Advertiser.
Force Majeure
1. “Force Majeure Event” means act of God, war, act of foreign enemies, terrorists attack, riot, civil commotion, strike, lockout, other labour disturbance (including those involving or affecting the Company) or any other circumstances beyond the reasonable control of the Company.
2. The Company shall in no event be liable for any delay or failure to provide any Advertiser Services pursuant to any terms of the Agreement due to a Force Majeure Event.
3. If a delay or failure of the Company to perform its obligations is caused or anticipated due to a Force Majeure Event, the performance of Company’s obligations will be suspended accordingly.
Intellectual Property Rights
1. The intellectual property rights in the System and all the Channels (“Company IP Rights”) including without limitation:
  1. any material (including but not limited to Company’s software, documentation, templates, data, design, element graphics, formatting or CGIs) which is incorporated into or which has been used in the course of developing or operating the System and the Channels; and
  2. the user interface of the Channels and the System, shall vest in the Company and/or its holding company.
2. Without prejudice to Clause [6.1] above, the intellectual property rights in any data, logo, design, graphic and/or any other related materials (“Information”) owned and provided by the Advertiser and/or the [Participating Restaurant(s)/Outlet(s)] shall vest in the Advertiser.
3. The Advertiser undertakes that it shall not directly or indirectly infringe nor permit its Related Parties to infringe the Company IP Rights under any circumstances.
4. Without prejudice to the other provisions under this Clause [6], the Advertiser further warrants and undertakes that the Information supplied to the Company hereunder or in connection herewith for use in the System and/or the Channels does not and shall not infringe any intellectual property rights and any other right of any third party (including but not limited to any registered or unregistered trademark, patent, copyright or design).
Confidentiality
1. The Advertiser, the Company and their respective related parties shall keep confidential and not make use of any information and data of a confidential nature of the other party or treated as confidential by the other party, including without limitation information related to the Service Order and the System, developmental, technical, product, sales, marketing, promotional, operating, performance, cost, policy, financial, business, process and other proprietary information, trade secrets, know-how, customers and customer information of the other party (“Confidential Information”) and shall procure its officers, employees, agents and sub-contractors to keep such information confidential, save for the purposes of and only to the extent necessary for the due performance of the receiving party’s obligations under the Agreement.
2. A party shall not be in breach of Clause [7.1] above in circumstances where it is compelled by any applicable laws, regulations or orders given by any court, government authority or regulatory body of competent jurisdiction or otherwise required by any relevant financial institutions in connection with the performance of or any transactions contemplated under the Agreement to disclose the other party’s Confidential Information.
3. Notwithstanding any other provision of this Clause [7], the Company and the Advertiser may disclose any Confidential Information of the other party to its related companies, solicitors, auditors, insurers or accountants on a need-to-know basis and shall procure that such related companies, solicitors, auditors, insurers or accountants shall thereafter be under a duty of confidentiality.
Content Licence
1. The Advertiser grants the Company a non-exclusive, worldwide, royalty-free right and licence to use, publish, host, display, adapt, modify, promote, copy, download, sub-license, forward, distribute, reproduce, transfer and/or edit materials and content provided to the Company and/or uploaded to the System by the Advertiser and/or the [Participating Restaurant(s)/Outlet(s)] for use in the Channels related to the provision of Advertiser Services, including without limitation, for marketing, promoting and redistributing and using such information for analytics in any media as the Company deems appropriate.
Liability of the Company
1. Nothing in the Agreement shall operate to exclude or restrict any party’s liability for death or personal injury resulting from negligence or fraud.
2. Subject to Clause [9.1] above and to the fullest extent permitted by law, the Company shall not be liable to the Advertiser or its Related Parties in respect of any loss, damage, claim, demand or action (including direct or indirect, special, economic or consequential loss or damage or loss of revenue, profit, goodwill, bargain or opportunities or loss or corruption of data or loss of anticipated savings) which may be suffered or incurred or which may arise directly or indirectly in respect of the Company’s performance of the Agreement or any activity contemplated by the Agreement whether for breach of contract, tort (including without limitation negligence) or under any statutes or otherwise and whether or not Company was made aware of the possibility of such loss, damage, claim, demand or action or should have been aware of that possibility.
3. Notwithstanding anything to the contrary in the Agreement, to the fullest extent permitted by law, the aggregate liability of the Company, including for claims, expenses, damages or obligations, under or in relation to the provision of the Advertiser Services, the Agreement, the performance of the Agreement or any activity contemplated by the Agreement, whether for breach of contract, tort or under any statute or otherwise in any calendar year shall in no event exceed the total fees paid by the Advertiser to the Company in that calendar year.
4. The Advertiser confirms that it has not relied on any representation made by the Company which has not been stated expressly in the Agreement or upon any descriptions, illustrations or specifications contained in any document, including without limitation catalogues or publicity matter produced by the Company.
5. To the fullest extent permitted by law, the Company shall not be liable for any loss, claim, damage, demand or action directly or indirectly arising out of any visit or non-visit to the Participating Restaurant(s)/Outlet(s) by any Users, any Users’ use of services and/or products provided by the Advertisers and/or [Participating Restaurant(s)/Outlet(s)] via the Channels, nor liable or responsible for or be obliged to get involved in any disputes between the Participating Restaurant(s)/Outlet(s) and any parties arising out of or in the connection with the use of any Advertiser Services and/or the sale of any goods or services or vouchers offered by the Advertiser and/or the Participating Restaurant(s)/Outlet(s).
Indemnity
1. Advertiser shall at all times indemnify and hold harmless Company and its officers, employees, agents and contractors from and against any loss (including legal costs and expenses), damage, settlement, claim or liability incurred or suffered as a result of:
  1. breach by the Advertiser of any obligations under the Agreement;
  2. any willful, unlawful or negligent act or omission of the Advertiser or its Related Parties;
  3. any breach or inaccuracy in any of the Advertiser’s representations, undertakings or warranties under the Agreement;
  4. the Advertiser or the Related Parties’ negligence or willful misconduct; or
  5. any action, complaint, liability or claim, including claims for personal injury, sickness, death or property damage, brought by (i) any party in connection with his/her use of any ] service made available on the Channels through the Advertiser and/or the [Participating Restaurant(s)/Outlet(s)]’ use of the Advertiser Services or arising from his/her consumption of any service or goods at or provided by the[ Participating Restaurant(s)/Outlet(s)]; or (ii) any party which relates to all or any part of the Information, including but not limited to leakage of information from the Database or any infringement of intellectual property rights, defamation or misappropriation of trade secrets caused by any act of the Advertiser or any of the Related Parties.
Disclaimer
1. The Advertiser acknowledges that the Advertiser Services are computer network based services which may be subject to outages and delay occurrence. As such, the Company does not warrant that the Advertiser Services, the System and the Channels will be uninterrupted or error-free.
2. The Company does not accept any responsibilities or liabilities, whatsoever for any network problems, system or hardware failures, mobile telephone connection problems or interferences due to third party applications or system or hardware which may result in the Advertiser Services being affected or unavailable.
3. The System and the Channels, including all content, software, functions and modules in connection with the Advertiser Services are provided “as-is” (subject to any substitutions, removals, modification, enhancements and upgrades that the Company may make from time to time) without any warranties of any kind. To the fullest extent permitted by law, the Company disclaims all warranties, including any warranties regarding Advertiserability, non-infringement of third party rights, fitness for particular purpose or about the accuracy, reliability, completeness or timeliness of the System and the Channels. The Advertiser hereby agrees to assume the entire risk as to the quality and performance of the Advertiser Services and that the Company shall not be liable if the System and/or the Channels are or is unavailable to the Advertiser, the Participating Restaurant(s)/Outlet(s) or users of the System or the Channels for whatsoever reason.
Termination
1. Without prejudice to any other rights which the Company shall/ may have under the Agreement or at law or in equity, the Company may terminate the Agreement (i) for any reason, by giving 2 months’ advance notice in writing to the Advertiser; or (ii) immediately by notice in writing to the Advertiser if the Advertiser is in breach of any term of the Agreement and that if such breach is capable of being remedied, such breach is not remedied within fourteen (14) days of it being notified by the Company.
Survival
1. Clauses [3.13(ii), 3.14, 4.2(e), 4.2(f), 5, 6, 8, 9, 10, 11, 13, 14 and 15] as well as other terms which by their nature should survive, shall survive termination of the Agreement.
Severability
1. In the event any provision of the Agreement is determined to be illegal, invalid, or unenforceable, the validity and enforceability of the remaining provisions of the Agreement shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there shall be added as part of the Agreement one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
Governing Law and Dispute Resolutions
1. These Terms of Advertiser Services and any dispute or matter arising from or incidental to the use of the Channels shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (hereinafter referred to as "Hong Kong"), unless otherwise specified. Any dispute, controversy or claim arising out of or relating to the Terms and Conditions including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the HKIAC Arbitration Rules as at present in force and as may be amended by the rest of this Clause:
  1. The appointing authority shall be Hong Kong International Arbitration Centre (hereinafter referred to as "HKIAC"); or alternatively, an appointing authority may be appointed by the Company at its sole and absolute discretion in any country which the Company considers as fit and appropriate. Any User(s) who are in dispute with the Company acknowledge(s) and agree(s) that the choice of appointing authority nominated by the Company shall be final and conclusive.
  2. The place of arbitration shall be in Hong Kong at HKIAC; or alternatively, at any such arbitral body in any country as the Company considers fit and appropriate at its sole and absolute discretion. Any User(s) who are in dispute with the Company acknowledge(s) and agree(s) that the choice of the arbitral body and the place of arbitration nominated by the Company shall be final and conclusive.
  3. There shall be only one arbitrator.
  4. The language to be used in the arbitral proceedings shall be English.
2. In the event of any breach of these Terms of Advertiser Services by any one party, the other party shall be entitled to remedies in law and equity as determined by arbitration.
Rights of Third Parties
1. Except as expressly set forth herein, no person other than the parties to a Service Order shall have any right to enforce any term of the Agreement.
Inconsistency
1. Should there be any inconsistency between the English version and any version in other language, the English version shall always prevail.

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