Terms of Service
This Terms of Service document represents a legally binding agreement between you and CAPITAL TAX LIMITED (HK). By interacting with our website or our services, you agree to be bound by the terms of this agreement. Please read this Terms of Service document carefully and keep a copy of it for your reference.
If you do not agree with (or cannot comply with) the terms and conditions set forth below, please refrain from using or accessing our services.
These Terms of Service do not interfere with any obligation or authorization provided in any other agreement concluded between you and us. Provisions of any individual agreement between you and us supersede provisions from these Terms of Service.
Definitions and Parties
The following definitions explain some of the terminology and abbreviations used throughout our Terms of Service. Defined words can be recognized throughout this document by the capitalized first letter.
• ‘Terms/Agreement’ refers to the latest version of this Terms of Service document.
• ‘Privacy Policy’ refers to the latest version of our Privacy Policy document.
• ‘We/Us/ExpatTax’ refers to CAPITAL TAX LIMITED (HK).
• ‘Site’ refers to the website available at expattax.com, or any other url that may host ExpatTax websites or Services.
• ‘Services’ refers to the functionality of the Site, availability of the Content, and other services provided by ExpatTax.
• ‘Platform’ refers to the Site and Services collectively.
• ‘User/You’ refers to any person or legal entity interacting with the Platform.
• ‘Party/Parties’ refers to either User or ExpatTax when used in singular form and to both User and ExpatTax when used in plural form.
• ‘Third-Party’ refers to any natural or legal entity other than Users and ExpatTax.
• ‘Content’ refers to all images, text, audio and video data or any other information located on the Platform or obtained through the Platform.
• ‘Confidential Information’ refers to any and all information disclosed between the Parties in relation to the Services. Confidential Information does not cover information that was known either party prior to disclosure or information that was made available to the public.
• ‘Intellectual Property’ refers to any inventions, technological innovations, discoveries, designs, formulas, know-how, processes, business methods, patents, trademarks, service marks, copyrights, computer software, ideas, creations, writings, lectures, illustrations, photographs, motion pictures, scientific and mathematical models, improvements to all such property, and all recorded material defining, describing, or illustrating all such property, whether in hard copy or electronic form.
Titles and headings provided in these Terms are for convenience and ease of access only and they will not affect the interpretation of the Terms.
Terms and abbreviations not defined in this section shall have the usual meaning unless the context otherwise requires.
By using our Platform, you confirm that you (i) are older than 18 years and have full legal capacity to enter into a binding agreement, (ii) that you will provide true, accurate, current, and complete information where requested, (iii) that you will not use the Platform contrary to these Terms or applicable laws. If you are interacting with the Platform on behalf of a legal entity, you further confirm that (i) you have the appropriate authorization to accept these Terms, (ii) you have the appropriate authorization to bind such legal entity by accepting these Terms, (iii) legal entity on behalf of whom you accept these Terms has full power to enter into this agreement and to perform obligations as defined herein.
Should you have any questions, feel free to contact us.
CAPITAL TAX LIMITED (HK)
Address: Suite 1001 10/F Miramar Tower 132 Nathan Road, Tsim Sha Tsui, Hong Kong
Phone number: +852 3928 5558
Use of Personal Information
You can find more information about how we handle information about you in our Privacy Policy.
Acceptable use policy
You agree that you will not misuse our Platform. A “misuse” is any use, access or interference with the Platform contrary to these Terms, our Privacy Policy and applicable laws and regulations. We can, in our sole discretion, suspend or terminate access to all or parts of the Platform to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time. During your use of our Platform, you will especially not, without limitation, do anything of the following:
(i) send or otherwise post unauthorized commercial communications (such as spam) through the Platform;
(ii) collect Platform Users’ content or information, or otherwise access the Platform, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
(iii) upload viruses or other malicious code;
(iv) post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or is otherwise objectionable to Third-Parties;
(v) take any action creating a disproportionately large usage load on our Platform unless expressly permitted by us;
(vi) create more than one account or share your account with anyone;
(vii) communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else’s rights;
(viii) encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the website.
Intellectual Property
All Intellectual Property rights connected to the Platform and Content are the sole property of ExpatTax or are used under appropriate licenses or permissions. Nothing in these Terms shall be understood or intended for transfer of such intellectual property rights to you or any other Third-Party.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Platform provided by ExpatTax. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the Platform; distribute, transfer, sublicense, lease, lend or rent the Platform to any Third-Party; reverse engineer, decompile or disassemble the Platform; or make the functionality of the Platform available to multiple users through any means. Nothing in these Terms shall give to the User or any other person any right to access or use the source code or constitute any license of the source code. We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Platform or any Service to which it connects, with or without notice and without liability to you.
Content
The Company shall not be held responsible for the accuracy of the content of the Site. If Users provide content through the Site, herein referred to “User Generated Content”, they warrant that they have the right to do so and to grant us the necessary right to use such content for provision of Services. Users remain the owners of any Intellectual Property Rights that they have on the User Generated Content that they provide. We do not have interest in becoming the owner of such User Generated Content and we will only use such User Generated Content for provision of requested Services.
We do not monitor User Generated Content. Users agree to inform us immediately if they come across any illegal activity, activity that is in breach of these Terms, or activity they suspect might be in violation of these Terms or applicable laws or might otherwise be objectionable. Although we expressly prohibit posting of any User Generated Content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third-parties, we do not pre-screen the content, so Users hereby agree that they use the Platform at their own risk. We reserve the right to remove any content which we find to constitute a breach of these Terms or relevant laws, without notifying the Users or providing reasons for such action. Users recognize and agree that we bear no obligation regarding the risk, harm, damage, or loss that might occur from content submitted to or distributed on the Site.
Confidential information
During your use of the Platform, you may be required to provide or volunteer to provide certain confidential information to the Company and the Company may disclose certain confidential information to you. Regarding such information both parties hereby agree (i) to keep confidential information in strict confidence, (ii) to undertake all reasonable measures to protect the confidence of confidential information, (iii) not to disclose, or otherwise make available, confidential information to any third-party without obtaining prior written consent, (iv) to use confidential information only for the purposes intended, (v) to return all confidential information and any and all copies, extracts or derivative works resulted from confidential information upon written request or upon termination of your use of Services, and to destroy or erase all remaining copies of the confidential information regardless of the form or media on which the confidential information is stored.
Links
This Site contains links to external websites administered by Third-Parties. The Company shall not be held responsible for the availability or content of external websites.
Availability / Continuity of the Service
We cannot guarantee or warrant that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We cannot and do not guarantee that Services will be operational 100% of the time. Services may be down (i) for scheduled maintenance, (ii) force majeure events, (iii) for specific Users because of the account suspension or termination, (iv) internet problems outside of the our area of influence, (v) bugs in code, hardware or Services without a commercially known fix. The Company shall not be held responsible for any damages caused by inevitable events altering or interrupting the Service.
Modification of the Service
The Company reserves the right to modify, halt temporarily or permanently the Service at any time and without preliminary notice.
Modification of the Terms of Service
The Company reserves the right to modify the present Terms without prior notice. By their continued use of the Platform, Users are expected to agree with the revised Terms available on this same page.
Governing Law
This Agreement shall be governed by, and construed and enforced in accordance with the laws of Hong Kong without regard to its conflict of law provisions.
Indemnity; disclaimer; limitations of liability
You will indemnify and hold harmless the Company, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Platform or your violation of these Terms.
EACH USER’S USE OF SITE IS AT HIS OR HER SOLE RISK. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, THE COMPANY MAKES NO WARRANTY THAT (i) THE SITE OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF THE COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER’S USE OR INABILITY TO USE THIS SITE OR ANY SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR ANY OTHER MATTER RELATING TO THE COMPANY. IN NO EVENT SHALL THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED HKD 10,000. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN THE COMPANY AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, THE COMPANY DOES NOT AND CANNOT CONTROL THE ACTIONS OF SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE SITE. OPERATION OF THE SITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY THE COMPANY.
The Company, its employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the Platform, or any errors, in or omissions from such information. The Company is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Platform, nor caused by the delay, malfunction of the operation or the availability of the Platform. Although we strive for accuracy in the content we provide through the Platform, we do not make any guarantee or representation as to the exactness and the accuracy of such Content.
Final provisions
If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms.
Any failure to exercise or enforce any right or the provision of these Terms shall not constitute a waiver of such right or provision.
These Terms represent an entire agreement between you and the Company regarding the use of the Platform. Any subsequently executed agreement between the parties shall take precedence over these Terms.
