POWERWISE : About PowerWise

These terms of service ("Terms"), which may be updated by CLP Power Hong Kong Limited ("CLP Power") from time to time, set forth the terms and conditions which apply to the use by you of the CLP PowerWise website (as defined below) and any other subscription service offered by CLP Power. The right to use any service offered by CLP Power is personal to you and is not transferable to any other person or entity.

1.	Definitions

	"CLP PowerWise website" means all areas and any services offered or available on the interactive online service operated by CLP Power on www.clp-powerwise.com.hk. The CLP PowerWise website consists of information services and content provided by CLP Power, affiliates of CLP Power and third parties.

2.	General

	The CLP PowerWise website provides users with access to a rich collection of resources and entertainment, including games, quiz and other content ("Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these Terms. CLP Power shall have the right at any time and from time to time to change or discontinue any aspect or feature of the Service including, but not limited to, the contents, hours of availability, equipment needed for access or use, and these Terms. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the CLP PowerWise website a notice or revised version of these Terms or notification by electronic mail. Any use by you of the CLP PowerWise website after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review these Terms periodically to be aware of any revision.

3.	Use of the CLP PowerWise website

A.	The CLP PowerWise website shall be used for lawful purposes only. No information, data, text, software, music, sound, photographs, graphics, video, messages or other material ("Content") shall be posted on or transmitted through the CLP PowerWise website which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in CLP Power's judgment, restricts or inhibits any other user from using or enjoying the CLP PowerWise website.

B.	(i) The CLP PowerWise website contains material protected by copyright, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the CLP PowerWise website are copyrighted as a collective work under the copyright laws of the Hong Kong Special Administration Region, China. CLP Power is the owner of the copyright in the entire CLP PowerWise website. CLP Power owns a copyright in the selection, coordination, arrangement and enhancement of such contents, as well as in the sources which such contents originate. Each third party content provider owns the copyright in the sources which such contents originate.

	(ii) You may not modify, publish, transmit, duplicate, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of the CLP PowerWise website or any portion of it for commercial purposes. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the CLP PowerWise website without the prior express permission of CLP Power and/or other copyright owners.

	(iii) In the event of any permitted copying, redistribution or publication of material from the CLP PowerWise website, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading material protected by copyright.

	(iv) Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the CLP PowerWise website owned by CLP Power shall not be used, reproduced, displayed, exploited, modified or transmitted or redistributed directly or indirectly in any media. Neither these materials nor any portion thereof may be stored in a computer except for personal and non-commercial use.

C.	CLP Power will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing. Notwithstanding any representation made by CLP Power on intellectual property rights, CLP Power will not be responsible or liable to you in the event that any third party claims against you on infringement of intellectual property rights.

D.	(i) You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by CLP Power, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

	(ii) CLP Power grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the CLP PowerWise website for use in accessing the Service.

E.	You shall not upload, post or otherwise make available on the CLP PowerWise website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission and shall keep CLP Power fully indemnified against such claim.

F.	CLP Power does not claim ownership of the Content you submit or make available for inclusion in the CLP PowerWise website. However, with respect to the contents you submitted or made available to CLP Power, you grant to CLP Power and their respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message submitted or made available for inclusion in the CLP PowerWise website and/or any e-mail sent by you to CLP Power (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.

G.	You may not (i) select or use a contestant name or e-mail address of another person with the intention of impersonating that person; (ii) use a contestant name or e-mail address of anyone else without authorisation; (iii) use a contestant name in violation of the intellectual property rights of any person; or (iv) use a contestant name that CLP Power considers to be offensive. If any such information submitted by a person is suspected to be erroneous, untrue, outdated, incomplete or misleading by CLP Power on reasonable grounds, CLP Power may suspend or terminate his or her right to enter the contest and refuse access by that person to all or parts of the Service now and in the future.

H.	You shall provide CLP Power with accurate, complete and up-to-date information at the time of registration for entering the competition and from time to time as required or when there are changes to the information.

I.	The CLP PowerWise website contains links to other web sites, resources and advertisers. You acknowledge that CLP Power is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall CLP Power be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster.

J.	You shall be responsible for obtaining and maintaining all telephone, communication device, computer hardware and other equipment needed for access to and use of the CLP PowerWise website and all charges related thereto.

K.	The foregoing provisions of this Section 3 are for the benefit of CLP Power, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.

L.	CLP Power has carefully designed the CLP PowerWise website with the purpose of delivering certain contents to users in a particular format and with a particular appearance. No third party shall have the right to utilise the contents or material of the CLP PowerWise website in any way that interferes with that purpose. In particular, CLP Power prohibits any party from displaying the contents or material on the CLP PowerWise website in any format where third party advertising or other materials that CLP Power did not authorise is viewed or viewable together with CLP Power's proprietary content.

4.	Monitoring

	CLP Power shall have the right, but not the obligation, to monitor the Content of the CLP PowerWise website to determine compliance with these Terms and any other operating rules that may be established by CLP Power from time to time. CLP Power shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the CLP PowerWise website. Without limiting the foregoing, CLP Power shall have the right, but not the obligation, to remove any content or material that CLP Power, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of CLP Power, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither CLP Power nor any of its affiliates shall assume or have any liability for any action or inaction by CLP Power with respect to any conduct within the CLP PowerWise website or any communication or posting on the CLP PowerWise website.

5.	Disclaimer of Warranty; Limitation of Liability

A.	You expressly agree that use of the CLP PowerWise website is at your sole risk. Neither CLP Power, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the CLP PowerWise website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Service or the CLP PowerWise website or as to the accuracy, reliability or content of any information, service or products provided through the CLP PowerWise website or any errors in the software will be corrected.

B.	You agree and understand that the Service, Software and the CLP PowerWise website are provided on an "as is", "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these terms and that CLP Power assumes no responsibility for the timeliness, deletion, defect, computer virus, mis-delivery or failure to store any communications or personalization settings.

C.	No advice or information, whether oral or written, obtained by you from the CLP PowerWise website or through or from the Service shall create any warranty not expressly stated in these Terms.

D.	Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

E.	The disclaimers of liability contained in this section 5 apply to any damage or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. You specifically acknowledge that CLP Power is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

F.	(i) In no event will CLP Power or any person or entity involved in creating, producing or distributing the CLP PowerWise website be liable for any direct, indirect, incidental, special or consequential damages (including, but not limited to, damages for loss of profits, goodwill, data or other intangible losses) arising out of the use of or inability to use CLP PowerWise website and/or the Service or out of the breach of any warranty or any other matter relating to the Service.

	(ii) You acknowledge that the provisions of this section 5 shall apply to all Services, Software and Contents on the CLP PowerWise website. CLP Power's liability to any single user, if any, shall in no event exceed the total amount paid by such single user to CLP Power (if any).

G.	You agree and understand that any opinion, advice or statement on the CLP PowerWise website is not representative of CLP Power's position and CLP Power refuses expressly to give any warranty, explicit or implied, as to the accuracy and reliability of the Content on the website. CLP Power is not responsible for any offensive, defamatory or obscene posting made on CLP PowerWise website by anyone other than authorised CLP Power employee spokespersons while acting in their official capacities. Under no circumstances will CLP Power be liable for any loss or damage caused by your reliance on information obtained through either the Content on the CLP PowerWise website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the CLP PowerWise website. CLP Power shall have the right, but not the obligation, to examine, improve or correct any part of the Content of the website found to have errors or omissions due to negligence.

H.	CLP Power does not endorse, warrant or guarantee any Service or Software offered through the CLP PowerWise website and will not be a party to or in any way monitor any transaction between users and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

6.	Indemnification

	You agree to defend, indemnify and hold harmless CLP Power, its affiliates and their respective directors, officers, employees, agents, co-branders or other partners, and employees from and against all claims, losses, liabilities and expenses, including attorneys' fees, arising out of the use by you of the Service, Software and the CLP PowerWise website, your violation of these Terms or of any rights of another.

7.	Termination

	CLP Power shall have the right to immediately terminate these Terms with respect to any user which CLP Power, in its sole discretion, considers to be unacceptable, or in the event of any breach by any user of these Terms. The provisions of Sections 5, 6, 7, 8 and 10 shall survive termination of these Terms.

8.	Trademarks

	All trademarks appearing on the CLP PowerWise website are the property of their respective owners, including, in some instances, CLP Power.

9.	Miscellaneous

	These Terms and any operating rules for the CLP PowerWise website established by CLP Power constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administration Region, China, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

10.	Violations

	Please report any violation of these Terms to powerwise@clp.com.hk.