This agreement governs your use of this website and the content, information and services provided through the website. It exempts Trust Professional Driver Staffing,
Trust Professional Driver Service Limited and other per-sons from limits or liability their liability and contains other important provisions that you should read.
Each time you use the website, this agreement as it then reads will govern your use.
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, “per-son" includes natural persons and any type of incorporated or unincorporated entity) and
Trust Professional Driver Staffing, Trust Professional Driver Service Limited ("TPDS"), and governs your use of the tpds.com.hk and tpds.hk website and the content,
information and services provided through the tpds.com.hk and tpds.hk website (collec-tively the "Website"). This Agreement also provides benefits to TPDS affiliates, service providers,
suppliers and sub-contractors, including various TPDS services around the world (collectively "Affiliates and Providers"). Any benefit given or deemed to be given by you and/or any person you
represent to any Affiliates and/or Providers under the terms of this Agreement is received and held on trust by TPDS for the relevant Affiliate and/or Provider.
Each time you use the Website you signify your intention, acceptance and agreement, and the intention, acceptance and agreement of all persons you represent, without limitation or qualification,
to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and all persons you represent.
If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, you may not use the Website.
TPDS may, in its discretion, change, and supplement or amend this Agreement as it relates to your future use of the Website from time to time, for any reason,
and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this Agreement in any manner.
TPDS endeavors to provide accurate information through the Website. Nevertheless, errors may occur. Accordingly, TPDS reserves the right to cancel any contract or agreement with you that is based on information mistakenly presented on the Website.
TPDS also reserves the right to change any information, content or functionality of or available through the Website at any time and from time to time without any notice or liability to you or any other person.
The Website is a portal and information conduit to other websites and businesses operated by Affiliates and Providers. Affiliates and Providers may be independent from TPDS,
and you shall not make any claim against TPDS arising out of any of those matters. As between you and TPDS, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply,
with all necessary modifications, to your dealings with any Affiliates and Providers and use of their websites.
By activating certain links, including order-related links, you may be automatically connected with websites operated by Affiliates and Providers. If you use the Website to initiate communication regarding your staffing needs,
the information you submit may be disclosed to, and processed and responded by, Affiliates and Providers, and you hereby expressly consent to TPDS disclosing such information to Affiliates and Providers and for Affiliates and
Providers to process and respond to such communication.
All communications you submit through the Website or email must be true, accurate and complete and must not be misleading. TPDS and Affiliates and Providers will rely upon the truth,
accuracy and completeness of the communications you submit through the Website. If you submit any incorrect, incomplete or misleading communications, or if any communications are damaged or distorted during transmission to TPDS,
TPDS has the right to refuse, suspend or terminate any and all of your current or future use of the Website and you and all persons you represent will be liable for any loss, damage or additional costs that you,
TPDS, Affiliates and Providers, or other persons may incur as a result.
You authorize TPDS and Affiliates and Providers to:
- respond to your communications by means of Internet communications, email or other communications. Each of TPDS, Affiliates and Providers has the right but not the obligation to respond to,
- Accept and review contents of communications that they receive from you by means of the Website or email as if those communications had been given directly by you in writing and signed by you;
- Disclose your communications to any Affiliates and Providers, and TPDS workers by means of the Website, email or other communications; and
act upon or process any of the communications that it receives from you. Communications you send to TPDS, Affiliates or Providers by means of the Website or email are not effective unless and until they are processed by the responsible representative of TPDS,
Affiliates or Providers, as the case may be.
TPDS may refuse to process any communications sent to TPDS by means of the Website or email, or may reverse the processing of any communications sent to TPDS by means of the Website or email, at any time in TPDS's discretion,
and without any notice or liability to you or any other person, including, without limitation, if:
- TPDS cannot process the communications;
- the communications violate any provision in this Agreement or any other agreement that you or any other person may have with TPDS;
- TPDS considers that the communications conflict with any other instructions or agreements with you or any person you represent;
- there is an operational failure or malfunction in connection with the transmission of the communications.
Your use of the website is at your own risk. The website is provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied,
and including without limitation representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy or completeness,
all of which are hereby disclaimed by TPDS and the affiliates and providers to the fullest extent permitted by law. There will not be any representations, warranties or conditions created by a course of dealing, course of performance or trade usage.
You are solely responsible for obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for you to use the website.
The internet is not a secure medium, may be subject to interruption and disruption, and inadvertent or deliberate breaches of security and privacy. The operation of the website may be affected by numerous factors beyond TPDS control.
The operation of the website may not be continuous or uninterrupted, secure or private.
TPDS and the affiliates and providers will not be liable to you or any other person for any loss or damages suffered by you or any other person as a result of any failure or refusal by TPDS to give effect to,
or for any failure or delay by TPDS in receiving, accessing, processing or accepting, any communication sent to TPDS by means of the website or email, or for any loss or damages suffered as a result of the operational failure,
malfunction, interruption, change, amendment or withdrawal of the website or email services.
Without limiting the generality of the foregoing, TPDS and the affiliates and providers make no representation, warranty or condition that:
- The use of the website, including the browsing and downloading of any information, will be free of viruses, trojan horses, worms or other destructive or disruptive components;
- The use of the website will not infringe the rights (including intellectual property rights) of any person; and TPDS and the affiliates and providers disclaim any and all liability regarding such matters to the fullest extent permitted by law.
- The website will be compatible with your computer and related equipment and software;
- The website will be available or will function without interruption or will be free of errors or that any errors will be corrected;
- The website will meet your requirements;
- The information contained in the website or derived from the website will be accurate, complete, sequential, or timely;
- Certain or any results may be obtained through the use of the website;
TPDS and the affiliates and providers will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise),
loss of markets, economic loss, special, incidental, indirect or consequential loss or damage or exemplary or punitive damages, whether in contract, tort, negligence, strict liability, or under any other theory of law or equity,
arising from, connected with, or relating to the use of the website by you or any other person, and regardless of any negligence or other fault or wrongdoing by TPDS or any affiliate or provider or any person for whom TPDS or an affiliate or provider may be responsible,
and notwith-standing that TPDS or any affiliate or provider may have been advised of the possibility of such loss or damages being incurred by you or any other person.
You hereby release, remise and forever discharge each of TPDS and the affiliates and providers and all of their respective franchisees, partners, agents, directors, officers, employees, information providers, service providers, suppliers,
subcontractors, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs,
and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the website.
You agree to indemnify, defend and hold harmless each of TPDS and the affiliates and providers and all of their re-spective franchisees, partners, agents, directors, officers, employees, information providers, service providers, suppliers,
subcontractors, licensors and licensees, and all other related, associated, or connected persons (collec-tively, the "indemnified parties") harmless from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses,
incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with your use of the website or your breach of this agreement.
You will assist and cooperate as fully as reasonably required by the indemnified parties in the defense of any claim or demand. Advice and information provided by TPDS or the affiliates and providers or their respective representatives,
whether oral or written, will not create any representation, warranty or condition or vary or amend this agreement, including the above disclaimer, liability exclusion, liability limitation, release and indemnity provisions, and you may not rely upon any such advice or information.
Without limiting the foregoing, in no event will TPDS or any of the affiliates and providers' total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort, negligence, strict liability,
or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by TPDS or any affiliate or provider or any person for whom TPDS or any affiliate or provider is responsible, exceed HKD600 or the amount you paid to TPDS for the use of the website,
whichever is less.
and TPDS has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience.
TPDS does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk,
and you shall not make any claim against TPDS arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and TPDS, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation,
Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.
The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed; in-vestment, tax, banking, accounting, legal, or other professional or expert advice or recommendations; or an offer or recommendation to sell or buy any stock,
bond or other financial instrument or any product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Website.
TPDS may unilaterally, at any time and for any reason and in its discretion:
- Restrict, suspend or terminate (in whole or in part) your permission to access or use the Website; all without any notice or liability to you or any other person.
If this Agreement or your permission to access or use the Website is terminated by you, or by a person you represent, or by TPDS, then:
- This Agreement and all other than existing agreements between TPDS and any persons you represent will continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom;
- Change, suspend or terminate, tem-porarily or permanently, the Website or any part of it;
If you breach any provision of this Agreement, you may no longer use the Website.