Computer Hardware - Exclusions and Limitations
We are not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic or computing Products. Recovery and reinstallation of system and application software and user data are not covered under any warranty. In relation to any computing media Product, or any computing hardware Product or computing part contained within a Product, we will not be responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with our Products supplied to you, and any failure to maintain the confidentiality of data stored on the Product. We specifically do not represent that we will be able to repair any Product under warranty or make a Product exchange without risk to or loss of programs or data. Where a computing Product needs to be returned to us for replacement or a refund, we will in no manner whatsoever be responsible for any data you may leave on the computing Product.
In no event shall DUKLING and any of its affiliates and subsidiaries be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect, special, incidental or consequential loss or damage of any kind including but not limited to loss of use, loss of data, loss of business or profits, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Your Data - Use And Protection
Neither DUKLING nor any of its affiliates and subsidiaries shall be liable for any failure or delay in performing any of its obligations under these Terms and Conditions if such failure or delay is caused by circumstances beyond their reasonable control and we shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions together with your Order constitute the entire agreement between you and DUKLING in relation to your use of the website, your DUKLING membership, and the supply of the Products to you by DUKLING. These Terms and Conditions cannot be varied except by us in writing or by e-mail. Neither you nor DUKLING shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless specifically stated these Terms and Conditions supersede and replace all prior commitments, undertakings or representation, whether written or oral, between you and DUKLING.
We may at any time modify any relevant Terms and Conditions, policies or notices. You acknowledge that by visiting the Website from time to time, you shall become bound to the current version of the relevant Terms and Conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the Website.
These Terms and Conditions are binding upon the parties and their respective successors and permitted assigns.
These Terms and Conditions will not be assignable or transferable by you without our prior written consent.
No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
You and DUKLING are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions.
The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong without giving effect to any principles of conflict of law, and any disputes arising in connection with this website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith shall be subject to the non-exclusive jurisdiction of the courts of Hong Kong.