SCMP.com is an internet-based online information and communication service provided by SCMP (as defined in Clause 1 below). SCMP also has a broad range of Initiatives (as defined in Clause 1 below) to engage with the community. These terms and conditions relate to the use of SCMP.com and/or participation in the Initiatives, whichever applicable. Please read them carefully before accessing to and/or using the SCMP.com Service (as defined in Clause 1 below) and/or joining any Initiative(s). These terms and conditions are only available in the English language. By accessing to, continuing to access to, using and/or continuing to use the SCMP.com Service irrespective of the delivery platform or device you use to access it and/or participating in any Initiatives, whichever applicable, you agree to abide by these terms and conditions. If you do not agree with the terms and conditions, you should not access to or use any of the SCMP.com Service and/or join such Initiatives.
The following definitions should apply herein unless otherwise stated.
“Computer” means your computer, notebook, personal digital assistant, tablet, mobile phone, smartphone, television and/or other electronic device now known or later developed used to access to and/or use the SCMP.com Service.
“Content” means the data, information, materials, text, songs, audio, video, photos, graphics, charts, maps, messages, blogs, ideas, comments, suggestions and/or other content.
“Discussion Forum” means the online discussion forum(s) and blog(s) on the SCMP.com Website.
“Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China.
“Initiatives” means all initiatives, events and programmes organized or managed by SCMP from time to time to engage with the readers, students, professionals, experts, corporations, nonprofits and other entities or members of the community.
“SCMP” means individually and collectively South China Morning Post Publishers Limited and/or its ultimate holding company(ies), holding company(ies), subsidiaries, affiliates and subsidiaries of each of such ultimate holding company(ies) and holding company(ies).
“SCMP Content” means all Content that SCMP makes available or presents on the SCMP.com Service.
“SCMP Service” means online information and communication service which is available for viewing or otherwise by accessing the Content on the SCMP.com Website and/or through its mobile websites, applications, newsletters and/or other news aggregators and/or for access to and use of the Discussion Forum and/or participation in the Initiatives where applicable, subject to these terms and conditions.
“SCMP.com Website” means the South China Morning Post website at www.scmp.com or such other websites which is operated by SCMP from time to time.
“Third Party Content” means products and services of third parties which are and/or have been advertised or presented on the SCMP Service.
“Third Party Products” means products and services of third parties which are and/or have been advertised or presented on the SCMP Service.
“Your Content” means all the Content that you have made available or presented on the SCMP Service and/or at any Initiatives.
“Business Day” means a day other than a Saturday, Sunday or day which is a public holiday in Hong Kong.
2.1 Anyone is entitled to use the SCMP Service subject to these terms and conditions.
2.2 By accessing to, continuing to access to, using and/or continuing to use the SCMP Service, you agree to be bound by all these terms and conditions throughout the access to and/or use of the same.
2.3 SCMP reserves the right to modify any terms and conditions and/or any features of the SCMP Service from time to time. Such modification shall be effective and replace any previous terms and conditions and/or any previous features of the SCMP.com Service immediately upon posting of the modified terms and conditions and/or features of the SCMP Service without notifying you.
2.4 SCMP reserves the right to change, alter and/or modify the design, layout, pages, look and feel and/or any other aspects or features of the SCMP Service and/or the SCMP.com Website from time to time. SCMP further reserves the right to discontinue all or part of the SCMP Service from time to time without notifying you.
2.5 You agree to review these terms and conditions periodically to ensure that you are aware of any modifications. Your continued access to and/or use of the SCMP Service shall be deemed your conclusive acceptance of the modified terms and conditions.
2.6 SCMP may also impose limits on certain features and services in respect of the SCMP Service.
2.7 You represent that you have read and agree to be bound by SCMP’s Privacy Policy at www.scmp.com/privacy-policy.
2.8 YouTube
We use YouTube API services and the unbranded version of the YouTube embedded player (collectively, “YouTube Components”) in the provision of the SCMP Service.
Your access to, continuing to access to, using and/or continuing to use the SCMP Service, insofar as the YouTube Components are involved, is subject to the YouTube Terms of Service (https://www.youtube.com/t/terms) and Google Privacy Policy (https://www.google.com/policies/privacy), which you agree to be bound by.
3.1.1 You retain the intellectual property rights that you may or should have in Your Content.
3.1.2 By posting Your Content on the SCMP Service, you automatically grant SCMP a perpetual, irrevocable, non-exclusive, royalty-free, worldwide and sub-licensable right and licence to: (i) use, copy, edit, adapt, publish, translate, create derivative works from, make available, communicate and distribute Your Content (in whole or in part), its edited, adapted, translated versions and/or such derivative works; and/or (ii) incorporate the same in other works in any forms, media or technologies now known or later developed.
3.1.3 In respect of the right and licence as referred to in Clause 3.1.2 of these terms and conditions, you represent and warrant that:
(a) you are the sole owner of Your Content and have the full legal right and authority to grant such right and licence;
(b) all of Your Content are your original works and creations and shall not infringe the intellectual property and/or related rights of any third parties including copyrights, trademarks or other personal or proprietary rights or contravene or violate any applicable laws or regulations; and
(c) all of your Content will not contain libelous, defamatory or otherwise unlawful material.
3.2.1 All intellectual property rights in the SCMP Content, including but not limited to the copyright in the compilation of all Content on the SCMP Service, shall remain with SCMP.
3.2.2 You shall not use, edit, copy, publish, adapt, translate, make derivative works from, distribute or otherwise all or part of the SCMP Content or decompile, reverse engineer or otherwise attempt to discover the source codes of any SCMP Content available on the SCMP Service unless otherwise permitted in advance by SCMP in writing.
3.2.3 You shall not assist or facilitate any third party to make use of any SCMP Content in any manner that constitutes any infringement of SCMP’s intellectual property and/or related rights, including but not limited to “framing”, downloading or establishing unauthorised link(s) to any part of the Content on your or any third party’s website(s) or platform(s).
3.2.4 The domain name(s) on which the SCMP Service is/are hosted is/are the sole property of SCMP. You shall not use or otherwise adopt the same or similar name(s) for your own use or for any third party’s use.
3.2.5 The trademarks, logos, service marks and other marks of SCMP (“SCMP Marks”) displayed on the SCMP Service are the sole property of SCMP. You are not permitted to use any SCMP Marks without the prior written approval of SCMP.
3.3.1 The trademarks, logos, service marks and other marks of any third parties (“Third Party Marks”) and all Third Party Content remain the sole property of the relevant third party(ies).
3.3.2 In respect of the Third Party Marks, you are not permitted to use any of the same or the name of such third party(ies) without the prior written approval of such relevant third party(ies).
3.3.3 You shall not use, edit, copy, publish, adapt, translate, make derivative works from, distribute or otherwise all or part of the Third Party Content or decompile, reverse engineer or otherwise attempt to discover the source codes of any Third Party Content available on the SCMP Service unless otherwise permitted in advance by such relevant third party(ies) in writing.
4.1.1 Requirement for Registration or Initiatives participation
(a) You have to be at least 18 years old to participate in the Discussion Forum.
(b) You must register as a member before you can use the Discussion Forum.
(c) In the case of Initiatives, you shall be entitled to participate by invitation or subject to such participation requirements as set out by SCMP from time to time
4.1.2 Registration Information and Password
Whenever registration is dictated by SCMP, you need to select a password and a username. You also have to give SCMP certain registration information, all of which must be true, accurate and updated. You must not (i) select or use a username of another person with the intent to impersonate that person; (ii) allow any third party to use your username and/or password or otherwise use your Discussion Forum account (“Discussion Forum Account”) or participate in the Initiatives; or (iii) use a username that SCMP, at its sole discretion, deems offensive.
Failure to comply with the foregoing shall constitute a breach of these terms and conditions, which may result in immediate termination of your Discussion Forum Account or entitlement to participate in the Initiatives (as the case may be).
You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of SCMP. You shall immediately notify SCMP of any changes of address or any other particulars provided to SCMP which may affect the use of the Discussion Forum Account, your continued participation in the Initiatives or any part thereof. On SCMP’s request, you shall provide SCMP with information relating to you and your use of the Discussion Forum Account or participation in the Initiatives reasonably required by SCMP: (a) to assist SCMP in complying with SCMP’s obligations under any applicable laws; (b) to report to any governmental authorities or agencies and/or regulatory authorities regarding compliance with those obligations; and (c) to assess whether or not you have complied, is complying and will be able to continue to comply with all of your obligations hereunder.
You represent and warrant that your personal data and other information provided to SCMP for registration of and use of the Discussion Forum Account or participation in the Initiatives purpose are true, accurate and updated. By registering for accessing to, continuing to access to, using and/or continuing to use the Discussion Forum Account or participation in the Initiatives, you agree to be bound by all these terms and conditions throughout the registration process of, access to and use of the same. Acceptance of your registration of the Discussion Forum Account or participation in the Initiatives is at the sole discretion of and subject to confirmation by SCMP. In this regard, SCMP has the sole and full discretion and its determination shall be final.
4.1.3 Reasons for Registration Requirement
This is to ensure that you are a “real” person and that you agree to all these terms and conditions. Such registration requirement is also intended to ensure that you take responsibility for your comments and suggestions.
4.1.4 Suspension or Termination of the Discussion Forum Account or Initiatives
SCMP reserves the right to either suspend or terminate your Discussion Forum Account or your participation in the Initiatives in the event that you breach any of these terms and conditions or contravene or violate any applicable laws or regulations in respect of your use of the Discussion Forum Account or participation in the Initiatives.
4.2.1 Types of Comments/Suggestions Not Allowed
You hereby agree and undertake not to make the following comments/suggestions on the Discussion Forum and/or at any Initiatives including but not limited to:
(a) Defamatory, insulting, obscene, racist, sexist and homophobic comments/suggestions.
(b) Speech, attacks and remarks which appear to be threatening, abusive, offensive or arousing hatred or discrimination;
(c) Impersonations, illegal comments/suggestions or comments/suggestions which violate or encourage the violation of any laws or the propriety(ies) or other right(s) of any third party(ies).
In this regard, SCMP has the sole and full discretion and its determination shall be final.
4.2.2 Types of Language Not Allowed
You also agree and undertake not to make any comments/suggestions on the Discussion Forum or Initiatives which consist of vulgar, profane, crude, violent or hostile language or swearing. In this regard, SCMP has the sole and full discretion and its determination shall be final.
4.2.3 Personal Views
Any and all of your views, opinions and/or statements that you make on the Discussion Forum and/or at any Initiatives are or shall be taken as your personal views, opinions and/or statements. They do not represent or indicate and should not be taken to represent or indicate: (i) any of SCMP’s stance, views, opinions and/or otherwise; and/or (ii) SCMP’s endorsement of any products, services, persons, groups, corporations, organisations and/or otherwise to which they relate. SCMP shall not be liable for any loss, damage, cost charges, direct or indirect suffered or incurred by any party as a result or any consequences in this regard to the extent as permitted under law.
4.3.1 No Commercial Use or Investigation
You must not use the Discussion Forum for:
(a) the promotion of any products or services or for any other commercial purposes;
(b) any sponsorship, petition, campaign or chain message;
(c) an investigation, e.g. tracing the whereabouts of a person.
In this regard, SCMP has the sole and full discretion and its determination shall be final.
4.4.1 Right to Moderate
SCMP reserves the right to moderate any comments, suggestions and other information which have been posted or made available on the Discussion Forum or any Initiatives. In this regard, SCMP has the sole and full discretion and its determination shall be final.
4.4.2 Reasons for Moderation
The Discussion Forum or Initiatives is intended to be an engaging and informative platform for SCMP’s readers to discuss and debate a wide variety of topics. By moderating the submissions made on or during the Discussion Forum or Initiatives, SCMP creates a space where different perspectives and well-informed opinions can be exchanged in a respectful and civilised manner.
4.4.3 Editing and Removal of Content
SCMP reserves the right to edit or remove part or all of the Content and/or any other information on the Discussion Forum or Initiatives which violate(s) these terms and conditions or which, in the sole opinion of SCMP, appear(s) to be inappropriate for display on the Discussion Forum or Initiatives. In this regard, SCMP has the sole and full discretion and its determination shall be final.
4.4.4 Moderation Request from Readers
You can flag a comment/suggestion or Content on the Discussion Forum or Initiatives for SCMP’s review or moderation, state the reasons you believe it should be removed and submit a report to SCMP if you find the comment/suggestion or Content:
(a) to be in breach of any of these terms and conditions;
(b) to be inappropriate for posting on or abusing the space available in the Discussion Forum or Initiatives.
In this regard, SCMP has the sole and full discretion and its determination shall be final.
All information received by SCMP from your use of the SCMP Service will be used by SCMP in accordance with its Privacy Policy. Please read SCMP’s Privacy Policy at www.scmp.com/privacy-policy for details of how SCMP may process your personal data.
6.1 SCMP Service and Computer
SCMP makes no representation or warranty that:
(a) the access to, use of and functioning of the SCMP Service and the availability of any Content on the same will be timely, uninterrupted, without error or omission; and free of viruses or other harmful components;
and
(b) the view of any Content in or with any Computer will not affect the functionality or performance of the Computer.6.2 Content
SCMP makes no representation or warranty regarding the view of or the results of the view of any Content on the SCMP Service in terms of its correctness, accuracy, reliability, usefulness, timeliness or otherwise.
6.3 Third Party Content
SCMP makes no representation or warranty regarding the view of or the results of the view of any Third Party Content on the SCMP Service, the SCMP.com Website or websites linked from the SCMP.com Website in terms of its correctness, accuracy, reliability, usefulness, timeliness or otherwise.
6.4 SCMP Content
SCMP makes every effort to ensure that all SCMP Content on the SCMP Service is accurate and complete to the best of SCMP’s knowledge. However, SCMP provides the SCMP Content for informative purposes and on an ‘as is” basis only. SCMP disclaims all warranties, express or implied, including but not limited to the implied warranties of satisfactory quality, merchantability and fitness for a particular purpose or the warranty of non-infringement to the extent permissible under law.
6.5 Professional or Expert Advice
The data, information and/or any Content made available on the SCMP.com Service and/or at any Initiatives are of a general nature and do not purport to contribute an offer or a provision of any professional or expert advice. You should consult a qualified professional adviser or expert to obtain independent advice and verification of the information and data contained in the SCMP Service and/or presented at or relating to any Initiatives as necessary.
6.6 Third Party Products
You acknowledge and agree that SCMP does not endorse or recommend and has no control over the Third Party Products which are advertised or made available on the SCMP Service, the SCMP.com Website or websites linked from the SCMP.com Website.
6.7 View of Information on the SCMP.com Website
You agree that all Content, statements, information, opinions, comments, suggestions and/or materials from SCMP, other readers, other users, third parties and advertisers on the SCMP Service and the SCMP.com Website should be viewed and relied upon only with care and discretion and at your own risk. SCMP shall not be responsible for any loss or liability incurred by you arising from such view or reliance.
7.1 In no event shall SCMP be liable to you or you shall hold SCMP liable for any losses, damages, liabilities and expenses under any causes of action (whether in contract or tort or otherwise) caused by the access to or use of, or inability to access to or use of, the SCMP Service, and/or caused by the view of, or inability to view of, the Content, Your Content, SCMP Content, Third Party Content and/or the SCMP.com Website.
7.2 Your Content
You acknowledge and agree that: (i) you shall be solely and fully responsible for Your Content and any related consequences including but not limited to any third party claims arising from or in connection with the same; and (ii) SCMP shall not be liable in any manner.
7.3 Third Party Content
SCMP shall not be liable in any way for the Third Party Content including but not limited to its accuracy, completeness, usefulness, relevance, timeliness or otherwise.
7.4 Force Majeure
SCMP shall not be liable for any failure or delay in performance of its obligations under these terms and conditions because of circumstances beyond its reasonable control, including, without limitation, acts of God, typhoons, rainstorms, virus outbreak, pandemics, government restrictions, strikes, wars, network failures or telecommunications failures.
7.5 Under no circumstance shall SCMP be liable for any indirect, special, consequential or incidental damages arising or resulting from the access to or use of, or inability to access to or use of, the SCMP Service, or the view of, or inability to view of, Content, Your Content, SCMP Content, Third Party Content and/or the SCMP.com Website.
The SCMP Service may contain links to other related world wide web internet sites, resources, and sponsors of SCMP. Since SCMP is not responsible for the availability of these outside resources, or their content, you should direct any concerns regarding any external links to the site administrators or webmasters of such sites.
You hereby undertake not to hack into, interfere with, disrupt, disable or otherwise impair the proper working of the SCMP Service including but not limited to reprogramming, reverse engineering, decoding, tampering, sniffing and session hacking.
10.1 You shall notify SCMP’s Customer Service at [email protected] (for individual customers and corporate clients) or [email protected] (for school clients) of any known or suspected unauthorised access(es) to and/or use(s) of your Discussion Forum Account and/or the SCMP Service; and/or any known or suspected breach(es) of security, including but not limited to loss, theft, unauthorised disclosure(s) and/or use(s) of your Discussion Forum Account password, and/or unauthorised access(es) to and/or use(s) of your Discussion Forum Account.
10.2 You are responsible for all accesses to, usages of or activities on your use of the SCMP Service. Any fraudulent, abusive, or otherwise illegal activity(ies) may be grounds for termination of your access to and/or use of the SCMP Service, at SCMP’s sole discretion, and SCMP may refer you to appropriate law enforcement agencies.
11.1 You agree that SCMP may send electronic mail(s) or digital message(s) to you for the purpose of informing you of changes or additions to the SCMP Service and other matters relating to your access to and/or use of the SCMP Service.
11.2 SCMP reserves the right to gather and use information about your access(es), usage(s) and demographics, and agree to maintain your data privacy, in accordance with SCMP’s Privacy Policy, the Personal Data (Privacy) Ordinance, and all relevant applicable data protection and privacy laws and regulations in force from time to time. For more information please read the SCMP’s Privacy Policy at www.scmp.com/privacy-policy.
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access to and/or use the SCMP Service (“Access Software”). You may not sub-license, assign or transfer any licenses granted by SCMP, and any attempt at such sub-license, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, use, or create derivative works from the Access Software.
Your subscription for access to the content on the SCMP.com Website is subject to the terms and conditions below:
13.1 The current subscription rates and the applicable terms and conditions for scmp.com, scmp.com/plus and scmp.com/yp/ are set out at subscribe.scmp.com, subscribe.scmp.com/plus and subscribe.scmp.com/yp respectively (collectively “Subscription Terms”). SCMP reserves the right to change the subscription rates at any time which shall be published in the above webpages and My Account pages or such other platforms, mediums and/or websites operated by and notified by SCMP from time to time. Subscription promotion offers shall also be subject to the terms and conditions as published in the promotion related communication.
13.2 By making the subscription, you have agreed to the subscription rates and all the terms and conditions herein.
13.3 The subscription fee is non-refundable. It is exclusive of any applicable tax or transaction fee. You shall be responsible for paying the applicable tax and transaction fee arising in the process.
13.4 SCMP accepts major credit cards or other payment methods as announced by SCMP from time to time for the payment of the subscription fee.
13.5 SCMP shall process your subscription as soon as practicable. Your access to the content shall only be activated upon satisfactory verification of your payment details.
13.6 If your initial payment authorisation is later revoked, your subscription and/or access will be terminated. Contact our Customer Service Team at [email protected] (for individual customers) or [email protected] (for school clients) if you believe your subscription and/or access termination was an error.
13.7 SCMP has the sole discretion to decide on whether it shall accept or reject a subscription application, without assuming any liabilities towards you.
13.8 If there are consumer and/or other laws in your country or jurisdiction (“Laws”) which are applicable to your subscription (eg. a cooling-off period), you are entitled to exercise your rights under the same.
13.9 Subject to Clause 13.14, you can avoid the auto-renewal of your subscription at any time by disabling the auto-renewal function at the relevant platform on which the subscription is made: e.g. if the subscription is made on SCMP.com Website, then you can cancel the auto-renewal function through “My Account” on scmp.com or by emailing us at [email protected] (for individual customers) (or [email protected] for school clients); in case the subscription is made on another platform, you will have to do the cancellation through that platforms in accordance with the terms and conditions thereof, which may prevail over the terms and conditions herein. Some examples of other platforms are included as follows for your reference. If the subscription is made through Google/Google Play via SCMP Android mobile application, you can avoid the auto-renewal of your subscription by managing your Google account - please note that the Google Play Terms of Service will apply and they may have different rules for cancelling the auto-renewal function of your subscription, you will need to check those rules and comply with them yourself. If the subscription is made through Alipay, you can avoid the auto-renewal of your subscription by managing your Alipay account - please note that the Alipay Terms of Service will apply, and they may have different rules for cancelling the auto-renewal function of your subscription, you will need to check those rules and comply with them yourself. If the subscription is made through App Store via SCMP Apple mobile application, you can avoid the auto-renewal of your subscription by managing your Apple Account - please note that the Apple App Store Terms of Service will apply, and they may have different rules for cancelling the auto-renewal function of your subscription, you will need to check those rules and comply with them yourself . If you purchase the subscription via SCMP.com Website and disable the auto-renewal function in accordance with these terms and conditions, SCMP will stop charging you from the next billing period or such other period as set out in the Subscription Terms; and you will still have access to the content on SCMP.com Website for the rest of the current billing period or such period as set out in the Subscription Terms as the case may be. Subscription is non-refundable save as required by applicable laws.
13.10 SCMP shall process your application for subscription cancellation as soon as practicable.
13.11 SCMP reserves the right to suspend, terminate or cancel your subscription, e.g. activities relating to your subscription or use of such subscription are found to be illegal. You shall not be entitled to a refund in this case except as specifically required by applicable laws; and SCMP shall not be liable for any loss, damage, costs or consequences.
13.12 Each subscription/account is personal to the subscriber and shall only be used by the subscriber (in the case of individual subscriber) or its designated/authorised user(s) (in the case of corporate subscribers) as agreed with SCMP upon subscription. Each subscription/account is treated as a distinct subscriber based on each email address. Cases where an individual has two or more subscriptions under different email addresses will be considered as different distinct subscriptions. For avoidance of any doubts, no refund will be made for a claim of duplicate subscription using different email addresses (whether it is subscribed by the same account holder or not). The subscribed account or access to the content on SCMP.com Website shall in no event be shared with any other third party or non-subscriber. SCMP reserves the sole right and discretion to terminate such subscription according to Clause 14 in the event of any violation of this restriction.
13.13
Subscription under these terms and conditions shall mean and include all new subscriptions, renewal or upgrade of the then existing subscriptions, access to or the use of SCMP Services.
13.14 You agree that when the subscription is first purchased, it is on the basis that your subscription will renew automatically unless you have disabled the auto-renewal function in accordance with these terms and conditions; and if such auto-renewal function is not disabled, we take it that you would like to have your subscription automatically renewed upon its next billing date. If your preference is changed and you no longer wish to have auto-renewal of your subscription, you shall need to have the auto-renewal function disabled at least 72 hours prior to the next billing date, otherwise we will automatically charge you on the next billing date and the subscription fees charged are non-refundable.
14.1 SCMP may (i) deactivate or suspend the SCMP Service or any part thereof, with or without notice to you, to carry out system, maintenance, upgrading, testing and/or repairs; (ii) limit or suspend your access to and/or use of any of the SCMP Service with or without notice to you if SCMP is of the sole opinion that such action is appropriate as a result of your access to and/or use of the SCMP Service; (iii) take any steps or omit to take any steps, with or without notice to you, for any reason SCMP deems relevant to the management or the operation of any of the SCMP Service and SCMP’s business, that may expand, reduce, modify, suspend, limit, make inaccessible or adversely affect the SCMP Service or any part thereof.
14.2 SCMP may, upon discovery of any suspected or actual, fraudulent, deceptive, unlawful or improper use of the SCMP Service by you, suspend your access to and/or use of any or all of the SCMP.com Service temporarily or permanently.
14.3 The agreement under these terms and conditions may be terminated by SCMP for any reason at any time.
14.4 Termination under the provisions in these terms and conditions shall not affect SCMP’s rights in relation to any antecedent breach(es) or liability(ies) incurred prior to the date of termination nor shall it affect the coming into force or the continuance in force of any provision contained in these terms and conditions which is expressly or by implication intended to come into or continue in force on or after such termination. All remaining benefits (whether monetary or non-monetary) that you may enjoy hereunder as at the date of termination shall be forfeited absolutely.
You acknowledge that SCMP may be required under applicable laws and/or regulations and/or upon receipt of instructions from governmental authorities or agencies and/or regulatory authorities to carry out acts which may be inconsistent with any of these terms and conditions. In this connection, you agree not to hold SCMP liable or responsible.
16.1 You hereby agree that all records of SCMP relating to the SCMP Service, to your access to and/or use of the SCMP Service, your Discussion Forum Account and/or your particulars, to your view of any Content on the SCMP.com Website, and/or to these terms and conditions (collectively the “Records”), which despite being in electronic or digital form, are deemed to be written and original documents.
16.2 You shall not dispute or challenge the validity, enforceability or admissibility of any Records on the grounds that it/they is/are not a written or original document(s), is/are in electronic or digital form, or was/were produced by or is/are the output of a Computer; and you hereby waive any such right you may have under law.
You agree to indemnify SCMP and its employees, officers, agents, contractors, readers and users and hold them harmless from and against all losses, claims, demands, actions, proceedings, costs (including but not limited to legal costs) and liabilities (including but not limited to statutory and tortuous liabilities) which may be suffered by or brought against SCMP and its employees, officers, agents, contractors, readers and users arising from or in connection with:
(a) your connection to the SCMP.com Website and/or your participation in any Initiatives;
(b) your access to and/or use of the SCMP.com Service and/or your posting of any Content on the SCMP Service;
(c) your breach of any of these terms and conditions, including but not limited to any representations and warranties given by you;
(d) your contravention of any applicable laws or regulations; and/or
(e) your violation of the rights of any person(s) and/or entity(ies).
18.1 SCMP shall have the right to sub-license, sub-contract, assign or transfer its rights and obligations herein to any third party at its sole and absolute discretion.
18.2 No failure on the part of SCMP in exercising any right, power or privilege and no course of dealing between you and SCMP shall operate as a waiver thereof, nor shall any single or partial exercise of its right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
18.3 If any term or provision hereof is not applicable or held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent permissible be deemed not to form part of these terms and conditions, but the validity and enforceability of the remainder of these terms and conditions shall not be affected.
18.4 SCMP and you expressly agree and acknowledge that these terms and conditions shall not be enforceable by and do not confer any right on any person entity or third party who is not a party to these terms and conditions.
18.5 These terms and conditions shall be governed by and construed in accordance with the laws of Hong Kong. You agree that any action arising hereunder shall be submitted to the non-exclusive jurisdiction of Hong Kong courts.
18.6 For enquiries, please contact SCMP’s Customer Relationship Hotline at (852) 2680 8822 or email to [email protected] (for individual customers and corporate clients) or [email protected] (for school clients).
SCMP ePaper is a replica of South China Morning Post newspaper and of Sunday Morning Post newspaper published by SCMP (as defined in Clause 1 of this SCMP ePaper Agreement) which is available for subscription for, registration of, access to and use of the same. Please read the terms and conditions of this SCMP ePaper Agreement (as defined in Clause 1 of this SCMP ePaper Agreement) carefully before subscribing for, registration of, accessing to and/or using the SCMP ePaper Service (as defined in Clause 1 of this SCMP ePaper Agreement). These terms and conditions are only available in the English language. By subscribing for, registering, accessing to, continuing to access to, using and/or continuing to use the SCMP ePaper Service, you agree to abide by the terms and conditions of this SCMP ePaper Agreement. If you do not agree with the terms and conditions of this SCMP ePaper Agreement, you should not subscribe for, register, access to or use any of the SCMP ePaper Service.
The following definitions should apply in this SCMP ePaper Agreement unless otherwise stated.
“Business Day” means a day other than a Saturday, Sunday or day which is a public holiday in Hong Kong.
“Computer” means the computer, notebook, personal digital assistant, tablet, mobile phone, smartphone, television and/or other electronic device of a Member now known or later developed used to subscribe for, register, access to and/or use the SCMP ePaper Service.
“Content” means the data, information, materials, text, songs, audio, video, photos, graphics, charts, maps, messages, blogs, ideas, comments, suggestions and/or other content.
“HK$” or “Hong Kong Dollars” means Hong Kong dollars, the lawful currency of Hong Kong.
“Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China.
“Member” means you as a registered member of the SCMP ePaper Service.
“SCMP” means individually and collectively South China Morning Post Publishers Limited and/or its ultimate holding company(ies), holding company(ies), subsidiaries, affiliates and subsidiaries of each of such ultimate holding company(ies) and holding company(ies).
“SCMP Content” means all Content that SCMP makes available or presents on the SCMP ePaper Service.
“SCMP ePaper Account” means the registered account of a Member of the SCMP ePaper Service.
“SCMP ePaper Agreement” means this SCMP ePaper subscription agreement setting out the terms and conditions of a legally binding agreement between you and SCMP and governing your subscription for, registration of, access to, continuance of access to, use of and/or continuance of use of the SCMP ePaper Service.
“SCMP ePaper Service” means replica of South China Morning Post newspaper and of Sunday Morning Post newspaper published by SCMP which is available for subscription for, access to and use of the Content of the same on the SCMP ePaper Website and for registration of, access to and use of the SCMP ePaper Account, subject to the terms and conditions of this SCMP ePaper Agreement.
“SCMP ePaper Website” means the website for the replica of South China Morning Post newspaper and of Sunday Morning Post newspaper published by SCMP at www.scmp.com/epaper.
“Third Party Content” means all the Content which other third parties have made available or presented on the SCMP ePaper Service including but not limited to information relating to the Third Party Products.
“Third Party Products” means products and services of third parties which are and/or have been advertised or presented on the SCMP ePaper Service.
2.1 You must register as a Member and pay for the subscription fees before you can use all the SCMP ePaper Service.
2.2 Registration Information and Password
2.2.1 As part of the registration process, you will select a password and a username. You also have to give SCMP certain registration information, all of which must be true, accurate and updated.
2.2.2 You must not (i) select or use a username of another person with the intent to impersonate that person; (ii) allow any third party to use your username and/or password or otherwise use your SCMP ePaper Account; or (iii) use a username that SCMP, at its sole discretion, deems offensive.
2.2.3 Failure to comply with the foregoing shall constitute a breach of this SCMP ePaper Agreement, which may result in immediate termination of your SCMP ePaper Account.
2.2.4 You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of SCMP.
2.3 You shall immediately notify SCMP of any changes of email address and/or any other particulars provided to SCMP which may affect the use of your SCMP ePaper Account or any part thereof. On SCMP’s request, you shall provide SCMP with information relating to you and your use of the SCMP ePaper Account reasonably required by SCMP: (a) to assist SCMP in complying with SCMP’s obligations under any applicable laws; (b) to report to any governmental authorities or agencies and/or regulatory authorities regarding compliance with those obligations; and (c) to assess whether or not you have complied, is complying and will be able to continue to comply with all of your obligations under this SCMP ePaper Agreement.
2.4 You represent and warrant that your personal data and other information provided to SCMP for registration of and use of the SCMP ePaper Account purpose are true, accurate and updated.
2.5 By registering for subscribing for, accessing to, continuing to access to, using and/or continuing to use the SCMP ePaper Service, you agree to be bound by all the terms and conditions of this SCMP ePaper Agreement throughout the subscription for, registration process of, access to and use of the same.
2.6 Acceptance of your subscription order of the SCMP ePaper Service and your registration of the SCMP ePaper Account are at the sole discretion of and subject to confirmation by SCMP. In this regard, SCMP has the sole and full discretion and its determination shall be final.
2.7 SCMP reserves the right to modify any terms and conditions of this SCMP ePaper Agreement and/or any features of the SCMP ePaper Service from time to time. Such modification shall be effective and replace any previous terms and conditions of this SCMP ePaper Agreement and/or any previous features of the SCMP ePaper Service immediately upon posting of the modified SCMP ePaper Agreement and/or features of the SCMP ePaper Service without notifying you.
2.8 SCMP reserves the right to change, alter and/or modify the design, layout, pages, look and feel and/or any other aspects or features of the SCMP ePaper Service and/or the SCMP ePaper Website from time to time. SCMP further reserves the right to discontinue all or part of the SCMP ePaper Service from time to time without notifying you.
2.9 You agree to review this SCMP ePaper Agreement periodically to ensure that you are aware of any modifications. Your continued subscription for, registration of, access to and/or use of the SCMP ePaper Service shall be deemed your conclusive acceptance of the modified SCMP ePaper Agreement.
2.10 SCMP may also impose limits on certain features and services in respect of the SCMP ePaper Service.
2.11 You represent that you have read and agree to be bound by SCMP’s Personal Information Collection Statement at www.scmp.com/privacy-policy.
2.12 If you are an entity, your subscription for, registration of, access to and use of the SCMP ePaper Service may be governed by a separate subscription agreement in addition to the terms and conditions of this SCMP ePaper Agreement. In this regard, SCMP has the sole and full discretion and its determination shall be final.
3.1 SCMP Content
3.1.1 All intellectual property rights in the SCMP Content, including but not limited to the copyright in the compilation of all Content on the SCMP ePaper Service, shall remain with SCMP.
3.1.2 You shall not use, edit, copy, publish, adapt, translate, make derivative works from, distribute or otherwise all or part of the SCMP Content or decompile, reverse engineer or otherwise attempt to discover the source codes of any SCMP Content available on the SCMP ePaper Service unless otherwise permitted in advance by SCMP in writing.
3.1.3 You shall not assist or facilitate any third party to make use of any SCMP Content in any manner that constitutes any infringement of SCMP’s intellectual property and/or related rights, including but not limited to “framing”, downloading or establishing unauthorised link(s) to any part of the Content on your or any third party’s website(s) or platform(s).
3.1.4 You shall not forward or share in any manner all or part of the SCMP Content to or with any third parties.
3.1.5 The domain name(s) on which the SCMP ePaper Service is/are hosted is/are the sole property of SCMP. You shall not use or otherwise adopt the same or similar name(s) for your own use or for any third party’s use.
3.1.6 The trademarks, logos, service marks and other marks of SCMP (“SCMP Marks”) displayed on the SCMP ePaper Service are the sole property of SCMP. You are not permitted to use any SCMP Marks without the prior written approval of SCMP.
3.2 Third Party Content
3.2.1 The trademarks, logos, service marks and other marks of any third parties (“Third Party Marks”) and all Third Party Content remain the sole property of the relevant third party(ies).
3.2.2 In respect of the Third Party Marks, you are not permitted to use any of the same or the name of such third party(ies) without the prior written approval of such relevant third party(ies).
3.2.3 You shall not use, edit, copy, publish, adapt, translate, make derivative works from, distribute or otherwise all or part of the Third Party Content or decompile, reverse engineer or otherwise attempt to discover the source codes of any Third Party Content available on the SCMP ePaper Service unless otherwise permitted in advance by such relevant third party(ies) in writing.
3.2.4 You shall not forward or share in any manner all or part of the Third Party Content to or with any third parties.
4.1 Payment of subscription fees can be made by way of credit card, debit card, cheque or bank transfer. Where subscription fees and other charges (if applicable) are (at your option) charged to your credit card, you agree that SCMP reserves the right to charge additional fees and charges for renewed and/or continuing subscriptions to the credit card for which details have previously been provided to SCMP. In the event that your credit card expires, you shall pay for such subscription fees and other charges (if applicable) immediately by way of other payment methods set out in this Clause. Otherwise, SCMP reserves the right to suspend or terminate your SCMP ePaper Account.
4.2 All new subscription fees, if any, will be posted in SCMP’s Customer Service section or in other appropriate locations on the SCMP ePaper Service. You shall pay all subscription fees and charges incurred at the rates in effect for the billing period in which such subscription fees and charges (if applicable) are incurred, including, but not limited to charges for any products or services offered for sale through the SCMP ePaper Service, including, but not limited to, the Classified and Marketplace sections thereof, SCMP.com and SCMP Archives, by SCMP or any third-party merchants or service providers. All subscription fees and other charges (if applicable) shall be billed to you, or at your selection charged to your credit card, and paid for by you. You shall pay all applicable taxes relating to subscription for, registration of, access to and use of the SCMP ePaper Service through your SCMP ePaper Account.
4.3 Subscription fees and charges are normally stated in Hong Kong Dollars (collectively the “Quoted Fees”). If you select to pay the subscription fees and other charges (if any) by credit card in a currency other than Hong Kong Dollars, you shall be fully responsible for payment of: (i) the amount in such currency that your credit card company charges you in order to settle the Quoted Fees irrespective of any exchange rate fluctuations; and (ii) all currency conversion and/or related fees, if any. SCMP shall not be liable for
any payment, refund, fees or charges in this regard.4.4 In the event of any error in calculating the amount of the subscription fees and charges on the part of SCMP, (i) you shall pay for the shortfall in case such error results in the calculated amount being less than the accurate amount; and (ii) SCMP shall refund to you any excess in case such error results in the calculated amount being more than the accurate amount and you have paid such calculated amount.
4.5 You expressly agree that SCMP shall not for any reasons whatsoever be liable to refund the full amount or any part of subscription fees, charges and taxes paid by you unless otherwise provided hereunder.
If you had not opted out the auto-renewal arrangement when you placed your subscription order of the SCMP ePaper Service, your subscription shall be automatically renewed upon its expiry unless you give us at least three (3) Business Days’ prior written notice not to have your subscription renewed.
All information received by SCMP from your use of the SCMP ePaper Service will be used by SCMP in accordance with its Privacy Policy. Please read SCMP’s Privacy Policy at www.scmp.com/privacy-policy for details of how SCMP may process your personal data.
7.1 SCMP ePaper Service and Computer
SCMP makes no representation or warranty that:
(a) the subscription for, registration of, access to, use of and functioning of the SCMP ePaper Service and the availability of any Content on the same will be timely, uninterrupted, without error or omission; and free of viruses or other harmful components; and
(b) the view of and/or use of any Content in or with any Computer will not affect the functionality or performance of the Computer.
7.2 Content
SCMP makes no representation or warranty regarding the view of or use of or the results of the view of or use of any Content on the SCMP ePaper Service in terms of its correctness, accuracy, reliability, usefulness, timeliness or otherwise.
7.3 Third Party Content
SCMP makes no representation or warranty regarding the view of or use of or the results of the view of or use of any Third Party Content on the SCMP ePaper Service, the SCMP ePaper Website or websites linked from the SCMP ePaper Website in terms of its correctness, accuracy, reliability, usefulness, timeliness or otherwise.
7.4 SCMP Content
SCMP makes every effort to ensure that all SCMP Content on the SCMP ePaper Service is accurate and complete to the best of SCMP’s knowledge. However, SCMP provides the SCMP Content for informative purposes and on an ‘as is” basis only. SCMP disclaims all warranties, express or implied, including but not limited to the implied warranties of satisfactory quality, merchantability and fitness for a particular purpose or the warranty of non-infringement to the extent permissible under law.
7.5 Professional or Expert Advice
The data, information and/or any Content made available on the SCMP ePaper Service are of a general nature and do not purport to contribute an offer or a provision of any professional or expert advice. You should consult a qualified professional adviser or expert to obtain independent advice and verification of the information and data contained in the SCMP ePaper Service as necessary.
7.6 Third Party Products
You acknowledge and agree that SCMP does not endorse or recommend and has no control over the Third Party Products which are advertised or made available on the SCMP ePaper Service, the SCMP ePaper Website or websites linked from the SCMP ePaper Website.
7.7 View of and Use of Information on the SCMP ePaper Website
You agree that all Content, statements, information, opinions, comments, suggestions and/or materials from SCMP, other readers, other users, third parties and advertisers on the SCMP ePaper Service and the SCMP ePaper Website should be viewed, used and relied upon only with care and discretion and at your own risk. SCMP shall not be responsible for any loss or liability incurred by you arising from such view, use or reliance.
8.1 SCMP ePaper Service and Computer
In no event shall SCMP be liable to you or you shall hold SCMP liable for any losses, damages, liabilities and expenses under any causes of action (whether in contract or tort or otherwise) caused by the subscription for, registration of, access to, view of or use of, or inability to subscription for, registration of, access to, view of or use of, the SCMP ePaper Service, Content, SCMP Content, Third Party Content and/or the SCMP ePaper Website.
8.2 Your Information
You acknowledge and agree that: (i) you shall be solely and fully responsible for your incorrect, inaccurate and/or outdated information provided to SCMP in relation to your subscription for, registration of, access to and use of the SCMP ePaper Service, and your payment of subscription fees and charges (if applicable) and any related consequences including but not limited to inability to, delay of and/or cancellation of subscription for, registration of, access to and/or use of the SCMP ePaper Service arising from or in connection with the same; and (ii) SCMP shall not be liable in any manner.
8.3 Third Party Content
SCMP shall not be liable in any way for the Third Party Content including but not limited to its accuracy, completeness, usefulness, relevance, timeliness or otherwise.
8.4 Force Majeure
SCMP shall not be liable for any failure or delay in performance of its obligations under this SCMP ePaper Agreement because of circumstances beyond its reasonable control, including, without limitation, acts of God, typhoons, rainstorms, virus outbreak, pandemics, government restrictions, strikes, wars, network failures or telecommunications failures.
8.5 In the event that SCMP is liable for losses or damages in spite of Clause 8 of this SCMP ePaper Agreement, you agree that SCMP’s aggregate liability to you for any and all causes of action in relation to the subscription for, registration of, access to, view of and/or use of the SCMP ePaper Service, Content, SCMP Content, Third Party Content and/or the SCMP ePaper Website, and to the terms and conditions of this SCMP ePaper Agreement, shall not exceed the total amount of subscription fees paid by you to SCMP for the SCMP ePaper Service and/or the SCMP ePaper Website (whichever applicable) prior to the time such liability arises.
8.6 Under no circumstance shall SCMP be liable for any indirect, special, consequential or incidental damages arising or resulting from the subscription for, registration of, access to, view of or use of, or inability to subscription for, registration of, access to, view of or use of, the SCMP ePaper Service, Content, SCMP Content, Third Party Content and/or the SCMP ePaper Website.
The SCMP ePaper Service contains links to other related World Wide Web Internet sites, resources, and sponsors of SCMP. Since SCMP is not responsible for the availability of these outside resources, or their content, you should direct any concerns regarding any external links to the site administrators or webmasters of such sites.
You hereby undertake not to hack into, interfere with, disrupt, disable or otherwise impair the proper working of the SCMP ePaper Service including but not limited to reprogramming, reverse engineering, decoding, tampering, sniffing and session hacking.
11.1 You shall notify SCMP’s Customer Service at [email protected] (for individual customers and coporate clients) or [email protected] (for school clients) of any known or suspected unauthorised access(es) to and/or use(s) of your SCMP ePaper Account and/or the SCMP ePaper Service; and/or any known or suspected breach(es) of security, including but not limited to loss, theft, unauthorised disclosure(s) and/or use(s) of your SCMP ePaper Account password and/or credit card information, and/or unauthorised access(es) to and/or use(s) of your SCMP ePaper Account.
11.2 You are responsible for all subscriptions for, registration of, accesses to, usages of or activities on your use of the SCMP ePaper Service. Any fraudulent, abusive, or otherwise illegal activity(ies) may be grounds for termination of your subscription for, registration of, access to and/or use of the SCMP ePaper Service, at SCMP’s sole discretion, and SCMP may refer you to appropriate law enforcement agencies.
12.1 You agree that SCMP may send electronic mail(s) or digital message(s) to you for the purpose of informing you of changes or additions to the SCMP ePaper Service and other matters relating to your access to and/or use of the SCMP ePaper Service.
12.2 SCMP reserves the right to gather and use information about your subscription(s) for, registration(s) of, access(es), usage(s) and demographics, and agree to maintain your data privacy, in accordance with SCMP’s Privacy Policy atwww.scmp.com/privacy-policy, the Personal Data (Privacy) Ordinance, and all relevant applicable data protection and privacy laws and regulations in force from time to time. For more information please read the SCMP’s Privacy Policy at www.scmp.com/privacy-policy.
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to subscribe for, register, access to and/or use the SCMP ePaper Service (“Access Software”). You may not sub-license, assign or transfer any licenses granted by SCMP, and any attempt at such sub-license, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, use, or create derivative works from the Access Software.
14.1 SCMP may (i) deactivate or suspend the SCMP ePaper Service or any part thereof, with or without notice to you, to carry out system, maintenance, upgrading, testing and/or repairs; (ii) limit or suspend your subscription for, registration of, access to and/or use of any of the SCMP ePaper Service with or without notice to you if SCMP is of the sole opinion that such action is appropriate as a result of your subscription for, registration of, access to and/or use of the SCMP ePaper Service; (iii) take any steps or omit to take any steps, with or without notice to you, for any reasons SCMP deems relevant to the management or the operation of any of the SCMP ePaper Service and SCMP’s business, that may expand, reduce, modify, suspend, limit, make inaccessible or adversely affect the SCMP ePaper Service or any part thereof.
14.2 SCMP may, upon discovery of any suspected or actual, fraudulent, deceptive, unlawful or improper use of the SCMP ePaper Service by you, suspend your access to and/or use of any or all of the SCMP ePaper Service temporarily or permanently.
14.3 SCMP reserves the right to suspend, terminate or cancel your subscription, if there are circumstances rendering it permissible for SCMP to do so under law, eg. activities relating to your subscription or use of such subscription are found to be illegal. You shall not be entitled to a refund in this case except as specifically required by applicable laws; and SCMP shall not be liable for any loss, damage, costs or consequences.
14.4 You may terminate your subscription(s) of the SCMP ePaper Service for any reasons by giving SCMP at least three (3) Business Days’ prior written notice during the term of this SCMP ePaper Agreement. SCMP will stop charging you from the next billing period or such other period as set out in the Subscription Terms. You will have access to the SCMP ePaper Service for the rest of the current billing period. However, no refund for the remaining balance of the subscription fee paid for the current billing period shall be provided under any circumstances except as specifically required by applicable laws.
14.5 Termination under the provisions of this SCMP ePaper Agreement shall not affect SCMP’s rights in relation to any antecedent breach(es) or liability(ies) incurred prior to the date of termination nor shall it affect the coming into force or the continuance in force of any provision contained in this SCMP ePaper Agreement which is expressly or by implication intended to come into or continue in force on or after such termination. All remaining benefits (whether monetary or non-monetary) that you may enjoy under this SCMP ePaper Agreement as at the date of termination shall be forfeited absolutely.
14.6 SCMP does not provide any suspension service to your subscription package(s) of the SCMP ePaper Service.
You acknowledge that SCMP may be required under applicable laws and/or regulations and/or upon receipt of instructions from governmental authorities or agencies and/or regulatory authorities to carry out acts which may be inconsistent with any of the terms and conditions of this SCMP ePaper Agreement. In this connection, you agree not to hold SCMP liable or responsible.
16.1 You hereby agree that all records of SCMP relating to the SCMP ePaper Service, to your subscription for, registration of, access to and/or use of the SCMP ePaper Service, to the registration of, access to and use of your SCMP ePaper Account, to the access to and use of your particulars and/or any Content on the SCMP ePaper Website, and/or to the terms and conditions of this SCMP ePaper Agreement (collectively the “Records”), which despite being in electronic or digital form, are deemed to be written and original documents.
16.2 You shall not dispute or challenge the validity, enforceability or admissibility of any Records on the grounds that it/they is/are not a written or original document(s), is/are in electronic or digital form, or was/were produced by or is/are the output of a Computer; and you hereby waive any such right you may have under law.
You agree to indemnify SCMP and its employees, officers, agents, contractors, readers and users and hold them harmless from and against all losses, claims, demands, actions, proceedings, costs (including but not limited to legal costs) and liabilities (including but not limited to statutory and tortuous liabilities) which may be suffered by or brought against SCMP and its employees, officers, agents, contractors, readers and users arising from or in connection with:
(a) your connection to the SCMP ePaper Website;
(b) your subscription for, registration of, access to and/or use of the SCMP ePaper Service and/or your provision of information in relation to the SCMP ePaper Service;
(c) your breach of any of the terms and conditions of this SCMP ePaper Agreement;
(d) your contravention of any applicable laws or regulations; and/or
(e) your violation of the rights of any person(s) and/or entity(ies).
18.1 SCMP shall have the right to sub-license, sub-contract, assign or transfer its rights and obligations in this SCMP ePaper Agreement to any third party at its sole and absolute discretion.
18.2 No failure on the part of SCMP in exercising any right, power or privilege and no course of dealing between you and SCMP shall operate as a waiver thereof, nor shall any single or partial exercise of its right, power or privilege under this SCMP ePaper Agreement preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
18.3 If any term or provision of this SCMP ePaper Agreement is not applicable or held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent permissible be deemed not to form part of this SCMP ePaper Agreement, but the validity and enforceability of the remainder of this SCMP ePaper Agreement shall not be affected.
18.4 SCMP and you expressly agree and acknowledge that the terms and conditions of this SCMP ePaper Agreement shall not be enforceable by and do not confer any right on any person entity or third party who is not a party to this SCMP ePaper Agreement.
18.5 This SCMP ePaper Agreement shall be governed by and construed in accordance with the laws of Hong Kong. You agree that any action arising under this SCMP ePaper Agreement shall be submitted to the non-exclusive jurisdiction of Hong Kong courts.
18.6 For enquiries, please contact SCMP’s Customer Relationship Hotline at (852) 2680 8822 or email to [email protected].
SCMP Print is South China Morning Post newspaper and Sunday Morning Post newspaper published by SCMP (as defined in Clause 1 of this SCMP Print Agreement) which are available for subscription for the same. Please read the terms and conditions of this SCMP Print Agreement (as defined in Clause 1 of this SCMP Print Agreement) carefully before subscribing for the SCMP Print Service (as defined in Clause 1 of this SCMP Print Agreement). These terms and conditions are only available in the English language. By subscribing for the SCMP Print Service, you agree to abide by the terms and conditions of this SCMP Print Agreement. If you do not agree with the terms and conditions of this SCMP Print Agreement, you should not subscribe for any of the SCMP Print Service.
The following definitions should apply in this SCMP Print Agreement unless otherwise stated.
“Business Day” means a day other than a Saturday, Sunday or day which is a public holiday in Hong Kong.
“Content” means the data, information, materials, text, photos, graphics, charts, maps, messages, ideas, comments, suggestions and/or other content.
“HK$” means Hong Kong dollars, the lawful currency of Hong Kong.
“Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China.
“SCMP” means individually and collectively South China Morning Post Publishers Limited and/or its ultimate holding company(ies), holding company(ies), subsidiaries, affiliates and subsidiaries of each of such ultimate holding company(ies) and holding company(ies).
“SCMP Content” means all Content that SCMP makes available or presents on the SCMP Print Service.
“SCMP Print Agreement” means this SCMP print subscription agreement setting out the terms and conditions of a legally binding agreement between you and SCMP and governing your subscription for the SCMP Print Service.
“SCMP Print Service” means South China Morning Post newspaper and Sunday Morning Post newspaper published by SCMP which are available for subscription for, and delivery of or redemption of the same, subject to the terms and conditions of this SCMP Print Agreement.
“Third Party Content” means all the Content which other third parties have made available or presented on the SCMP Print Service including but not limited to information relating to the Third Party Products.
“Third Party Products” means products and services of third parties which are and/or have been advertised or presented on the SCMP Print Service.
2.1 You must pay for the subscription fees and, where applicable, additional delivery fee as agreed from time to time before you can use all the SCMP Print Service.
2.2 You shall immediately notify SCMP of any changes of delivery address, redemption information and/or any other particulars provided to SCMP which may affect the use of your SCMP Print Service or any part thereof. On SCMP's request, you shall provide SCMP with information relating to you and your use of the SCMP Print Service reasonably required by SCMP: (a) to assist SCMP in complying with SCMP's obligations under any applicable laws; (b) to report to any governmental authorities or agencies and/or regulatory authorities regarding compliance with those obligations; and (c) to assess whether or not you have complied, is complying and will be able to continue to comply with all of your obligations under this SCMP Print Agreement.
2.3 You represent and warrant that your personal data and other information provided to SCMP for subscription for the SCMP Print Service purpose are true, accurate and updated.
2.4 By subscribing for the SCMP Print Service, you agree to be bound by all the terms and conditions of this SCMP Print Agreement throughout the subscription period.
2.5 Acceptance of your subscription order of the SCMP Print Service is at the sole discretion of and subject to confirmation by SCMP. In this regard, SCMP has the sole and full discretion and its determination shall be final.
2.6 SCMP reserves the right to modify any terms and conditions of this SCMP Print Agreement and/or any features of the SCMP Print Service from time to time. Such modification shall be effective and replace any previous terms and conditions of this SCMP Print Agreement and/or any previous features of the SCMP Print Service immediately upon posting of the modified SCMP Print Agreement and/or features of the SCMP Print Service without notifying you.
2.7 SCMP reserves the right to change, alter and/or modify the design, layout, pages, look and feel and/or any other aspects or features of the SCMP Print Service from time to time. SCMP further reserves the right to discontinue all or part of the SCMP Print Service from time to time without notifying you.
2.8 You agree to review this SCMP Print Agreement periodically to ensure that you are aware of any modifications. Your continued subscription for the SCMP Print Service shall be deemed your conclusive acceptance of the modified SCMP Print Agreement.
2.9 SCMP may also impose limits on certain features and services in respect of the SCMP Print Service.
2.10 You represent that you have read and agree to be bound by SCMP's Privacy Policy at www.scmp.com/privacy-policy.
2.11 If you are an entity, your subscription for the SCMP Print Service may be governed by a separate subscription agreement in addition to the terms and conditions of this SCMP Print Agreement. In this regard, SCMP has the sole and full discretion and its determination shall be final.
3.1 SCMP Content
3.1.1 All intellectual property rights in the SCMP Content, including but not limited to the copyright in the compilation of all Content on the SCMP Print Service, shall remain with SCMP.
3.1.2 The trademarks, logos, service marks and other marks of SCMP (“SCMP Marks”) displayed on the SCMP Print Service are the sole property of SCMP. You are not permitted to use any SCMP Marks without the prior written approval of SCMP.
3.2 Third Party Content
3.2.1 The trademarks, logos, service marks and other marks of any third parties (“Third Party Marks”) and all Third Party Content remain the sole property of the relevant third party(ies).
3.2.2 In respect of the Third Party Marks, you are not permitted to use any of the same or the name of such third party(ies) without the prior written approval of such relevant third party(ies).
All stated subscription fees for the SCMP Print Service are subject to change without any prior notice. This rate is applicable to subscriptions within Hong Kong only.
5.1 At the time of your subscription of the SCMP Print Service (only applicable to subscriptions without additional delivery fee within Hong Kong), you shall notify SCMP of your choice of either home/office delivery of or redemption of the SCMP Print Service.
5.2 To ensure uninterrupted reading experience, your subscription for the SCMP Print Service will be renewed automatically upon the expiration of each of the then current subscription term unless you have opted-out such auto-renewal arrangement and we have received from you at least ten (10) Business Days’ written non-renewal notice prior to the expiration of the then current subscription term. Each renewal period will equal to the then current subscription term. You agree that your credit card account will be charged on the renewal date.
5.3 You will be notified of the renewal if there is a change in prices of the SCMP Print Service. You can notify us of change or cancellation of your subscription at any time during the then current subscription term by giving us at least five (5) Business Days’ prior written notice at [email protected].
6.1 Acceptance of delivery of the SCMP Print Service to an address provided by you is at the sole discretion of and subject to confirmation by SCMP. In this regard, SCMP has the sole and full discretion and its determination shall be final. Additional delivery fee applies to specific locations or remote areas. Our customer service team will be in touch on the cost if your address falls under this category.
6.2 Delivery time of subscription varies by district. SCMP will arrange delivery at the earliest possible time depending on the actual situation.
6.3 If Typhoon Signal No.8 or above is hoisted or Black Rainstorm Warning is issued on the relevant subscription date and the delivery is disrupted, subscription delivery lead time allowance shall be given. SCMP shall not be responsible for any failure or delay in performance of its obligations because of circumstances beyond its reasonable control, including without limitation, typhoons, rainstorms, other acts of God, pandemics and virus outbreaks.
All incentive gifts, if any, are offered on a first-come, first-served basis, while stocks last. SCMP reserves the final right to change any gift items without any prior notice. Lost gifts will not be replaced. In this regard, SCMP has the sole and full discretion and its determination shall be final.
All information received by SCMP from your use of the SCMP Print Service will be used by SCMP in accordance with itsPrivacy Policy. Please read SCMP’s Privacy Policy at www.scmp.com/privacy-policy for details of how SCMP may process your personal data.
9.1 SCMP Print Service
SCMP makes no representation or warranty that the subscription for and functioning of the SCMP Print Service and the delivery and redemption of the same will be timely, uninterrupted, without error or omission.
9.2 Content
SCMP makes no representation or warranty regarding the reading of or use of or the results of the reading of or use of any Content on the SCMP Print Service in terms of its correctness, accuracy, reliability, usefulness, timeliness or otherwise.
9.3 Third Party Content
SCMP makes no representation or warranty regarding the reading of or use of or the results of the reading of or use of any Third Party Content on the SCMP Print Service in terms of its correctness, accuracy, reliability, usefulness, timeliness or otherwise.
9.4 SCMP Content
SCMP makes every effort to ensure that all SCMP Content on the SCMP Print Service is accurate and complete to the best of SCMP’s knowledge. However, SCMP provides the SCMP Content for informative purposes and on an ‘as is” basis only. SCMP disclaims all warranties, express or implied, including but not limited to the implied warranties of satisfactory quality, merchantability and fitness for a particular purpose or the warranty of non- infringement to the extent permissible under law.
9.5 Professional or Expert Advice
The data, information and/or any Content made available on the SCMP Print Service are of a general nature and do not purport to contribute an offer or a provision of any professional or expert advice. You should consult a qualified professional adviser or expert to obtain independent advice and verification of the information and data contained in the SCMP Print Service as necessary.
9.6 Third Party Products
You acknowledge and agree that SCMP does not endorse or recommend and has no control over the Third Party Products which are advertised or made available on the SCMP Print Service.
9.7 Reading of and Use of Information on the SCMP Print Service
You agree that all Content, statements, information, opinions, comments, suggestions and/or materials from SCMP, other readers, other users, third parties and advertisers on the SCMP Print Service should be read, used and relied upon only with care and discretion and at your own risk. SCMP shall not be responsible for any loss or liability incurred by you arising from such reading, use or reliance.
10.1 In no event shall SCMP be liable to you or you shall hold SCMP liable for any losses, damages, liabilities and expenses under any causes of action (whether in contract or tort or otherwise) caused by the subscription for, delivery of, redemption of, reading of or use of, or inability to subscription for, delivery of, redemption of, reading of or use of, the SCMP Print Service, Content, SCMP Content and/or Third Party Content.
10.2 Your Information
You acknowledge and agree that: (i) you shall be solely and fully responsible for your incorrect, inaccurate and/or outdated information provided to SCMP in relation to subscription for, delivery of and redemption of the SCMP Print Service, your payment of subscription fees and applicable charges and any related consequences including but not limited to inability to, delay of and/or cancellation of subscription for, delivery of and/or redemption of the SCMP Print Service arising from or in connection with the same; and (ii) SCMP shall not be liable in any manner.
10.3 Third Party Content
SCMP shall not be liable in any way for the Third Party Content including but not limited to its accuracy, completeness, usefulness, relevance, timeliness or otherwise.
10.4 Force Majeure
SCMP shall not be liable for any failure or delay in performance of its obligations under this SCMP Print Agreement because of circumstances beyond its reasonable control, including, without limitation, acts of God, typhoons, rainstorms, virus outbreak, pandemics, government restrictions, strikes, wars, network failures or telecommunications failures.
10.5 In the event that SCMP is liable for losses or damages in spite of Clause 10 of this SCMP Print Agreement, you agree that SCMP’s aggregate liability to you for any and all causes of action in relation to the subscription for, delivery of, redemption of reading of and/or use of the SCMP Print Service, Content, SCMP Content and/or Third Party Content, and to the terms and conditions of this SCMP Print Agreement, shall not exceed the total amount of subscription fees paid by you to SCMP for the SCMP Print Service prior to the time such liability arises.
10.6 Under no circumstance shall SCMP be liable for any indirect, special, consequential or incidental damages arising or resulting from the subscription for, delivery of, redemption of, reading of or use of, or inability to subscription for, delivery of, redemption of, reading of or use of, the SCMP Print Service, Content, SCMP Content and/or Third Party Content.
11.1 You shall notify SCMP’s Customer Service at [email protected] of any known or suspected unauthorised use(s) of the SCMP Print Service; and/or any known or suspected breach(es) of security, including but not limited to loss, theft, unauthorised disclosure(s) and/or use(s) of your credit card information (if made available to SCMP under this SCMP Print Agreement).
11.2 You are responsible for all subscriptions for, delivery of, redemption of, usages of or activities on your use of the SCMP Print Service. Any fraudulent, abusive, or otherwise illegal activity(ies) may be grounds for termination of your subscription for the SCMP Print Service, at SCMP’s sole discretion, and SCMP may refer you to appropriate law enforcement agencies.
12.1 You agree that SCMP may send electronic mail(s) or digital message(s) to you for the purpose of informing you of changes or additions to the SCMP Print Service and other matters relating to your subscription and/or renewal of the SCMP Print Service.
12.2 SCMP reserves the right to gather and use information about your subscription(s) for, usage(s) and demographics, and agree to maintain your data privacy, in accordance with SCMP’s Privacy Policy, the Personal Data (Privacy) Ordinance, and all relevant applicable data protection and privacy laws and regulations in force from time to time. For more information please read the SCMP’s Privacy Policy at www.scmp.com/privacy-policy.
13.1 You may terminate your subscription(s) of the SCMP Paper Service for any reasons by giving SCMP at least three (3) Business Days’ prior written notice during the term of this SCMP Paper Agreement. SCMP will stop charging you from the next billing period or such other period as set out in the Subscription Terms. You will have access to the SCMP ePaper Service for the rest of the current billing period. However, no refund for the remaining balance of the subscription fee paid for the current billing period shall be provided under any circumstances except (i) a pro rata refund of the delivery fee paid (if applicable) or (ii) as specifically required by applicable laws.
13.2 SCMP reserves the right to suspend, terminate or cancel your subscription, if there are circumstances rendering it permissible for SCMP to do so under law, eg. activities relating to your subscription or use of such subscription are found to be illegal. You shall not be entitled to a refund in this case except as specifically required by applicable laws; and SCMP shall not be liable for any loss, damage, costs or consequences.
13.3 Termination under the provisions of this SCMP Print Agreement shall not affect SCMP’s rights in relation to any antecedent breach(es) or liability(ies) incurred prior to the date of termination nor shall it affect the coming into force or the continuance in force of any provision contained in this SCMP Print Agreement which is expressly or by implication intended to come into or continue in force on or after such termination.
13.4 SCMP does not provide any suspension service to your subscription package(s) of the SCMP Paper Service.
You acknowledge that SCMP may be required under applicable laws and/or regulations and/or upon receipt of instructions from governmental authorities or agencies and/or regulatory authorities to carry out acts which may be in breach of any of the terms and conditions of this SCMP Print Agreement. In this connection, you agree not to hold SCMP liable or responsible.
You agree to indemnify SCMP and its employees, officers, agents, contractors, readers and users and hold them harmless from and against all losses, claims, demands, actions, proceedings, costs (including but not limited to legal costs) and liabilities (including but not limited to statutory and tortuous liabilities) which may be suffered by or brought against SCMP and its employees, officers, agents, contractors, readers and users arising from or in connection with:
(a) your subscription for the SCMP Print Service and/or your provision of information in relation to the SCMP Print Service;
(b) your breach of any of the terms and conditions of this SCMP Print Agreement;
(c) your contravention of any applicable laws or regulations; and/or
(d) your violation of the rights of any person(s) and/or entity(ies).
16.1 SCMP shall have the right to sub-license, sub-contract, assign or transfer its rights and obligations in this SCMP Print Agreement to any third party at its sole and absolute discretion.
16.2 No failure on the part of SCMP in exercising any right, power or privilege and no course of dealing between you and SCMP shall operate as a waiver thereof, nor shall any single or partial exercise of its right, power or privilege under this SCMP Print Agreement preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
16.3 If any term or provision of this SCMP Print Agreement is not applicable or held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent permissible be deemed not to form part of this SCMP Print Agreement, but the validity and enforceability of the remainder of this SCMP Print Agreement shall not be affected.
16.4 SCMP and you expressly agree and acknowledge that the terms and conditions of this SCMP Print Agreement shall not be enforceable by and do not confer any right on any person entity or third party who is not a party to this SCMP Print Agreement.
16.5 This SCMP Print Agreement shall be governed by and construed in accordance with the laws of Hong Kong. You agree that any action arising under this SCMP Print Agreement shall be submitted to the non-exclusive jurisdiction of Hong Kong courts.
16.6 For enquiries, please contact SCMP’s Customer Relationship Hotline at (852) 2680 8822 or email to [email protected]