Terms & Conditions of Service
All services are provided to you (i.e. “you” or “the Client” by Symphysodon Limited (the “Company”)), a company incorporated in Hong Kong with company number 2462824. “CiAN Networks” and the “CiAN” branding is a registered trademark of the Company.
1. Use of the Company’s Products and Services
You may use any of our services, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the relevant jursidictions in which you are resident or domiciled, included without prejudice to the generality of the foregoing, the United Kingdom, the Hong Kong Special Administrative Region of the Peoples’ Republic of China or the Peoples’ Republic of China. In order to access certain services, you are required to provide current and accurate identification, contact, and other information as part of the registration process. You are responsible for maintaining the confidentiality of your account information, and are responsible for all activities that occur under your account. You are solely responsible for all content on your account. You agree to immediately notify the Company of any unauthorised use of your account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.
2. Acceptable Conduct
You agree that you are responsible for maintaining your own account. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, files, attachments or other data, documents and materials ("Content") are the sole responsibility of the account from which such Content originated. Transmission, storage, or presentation of any information, data or material in violation of any Hong Kong Special Administrative Region of the People's Republic of China law is prohibited and is subject to account suspension or cancellation in accordance with clause 3 herein. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.
Examples of non-accepted material includes, but are not limited to: copyrighted material, material without requisite authority or consent from the copyright holder, illegally pornographic or sexually explicit imagery depicting minors, material protected by trade secrets, material related to terrorism, selling of legal or illegal pharmaceutical or narcotic products, distribution or links to copyrighted material, material without requisite authority or consent from the copyright holder, etc.
The Company reserves the right, but does not assume the responsibility, to monitor or review any Content hosted by it. You agree that you are responsible for the conduct of all users of your account and any Content that is created, transmitted, stored, or displayed by, from, or within your account while using the Company’s services and for any consequences thereof. You agree to use the Company’s services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts the Company’s services or servers or networks connected to the Company or its’ services.
3. Prohibited Usage
You agree that any of the below activities, and activities that violate our acceptable conduct policy set out in Clause 2 are considered prohibited usage and could result in immediate account suspension or cancellation without a refund. You further agree to wholly indemnify the Company in respect of any expenses, fines, penalties or damages it incurs concomitant on the prohibited usage of the Company’s service pursuant to this clause.
Misuse of System Resources: Misuse of system resources, including but not limited to employing programs that consume excessive CPU time (outside of allotted CPU usage), network capacity, disk I/O (input/output) or storage space. You will be given a warning before suspension for misuse of resources occurs.
Unsolicited Communications: Sending unsolicited bulk messages utilising our network or services, including but not limited to SPAM, flames, mail bombs, newsletters, unsolicited mass mailing, using a non-existent email return address, open email relaying, sending out unsolicited email from any other network that points to the Company’s server or generating a significantly higher volume of outgoing email than a typical user.
Access to Other Computers or Networks without Authorisation: Attempting unauthorised and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures put in place by the Company or a third party to which access is facilitated by the Company’s services.
Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of the Company or the customer.
Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.
4. Account Security
You are solely responsible for your account's maintenance and security. Without generality to the foregoing, the Company provides no guarantee or assurance to your security if you use third party CMS platforms or scripts, including but not limited to Wordpress, Drupal, Joomla, Magento, Prestashop, Bigcommerce, etc.
5. Account Cancellation or Suspension
The Company may cancel or suspend your access to the Company’s services at any time and for any reason without notice. Upon cancellation or suspension, your right to use the service will stop immediately. You may not have access to data that you stored on the service after we suspend or terminate the service. You are responsible for backing up your data that you use with the service. If we cancel your service in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before we terminated your service.
You may terminate the service at any time by following the instructions in the client area, access to which had been provided when you engaged the Company’s services. As soon as you cancel the service, your right to use it stops immediately. You may not have access to data that you stored on the service after you terminate the service. You are responsible for backing up your data that you use with the service. Cancellation of the service by you will not alter your obligations to pay all charges due to the Company at the time of cancellation.
6. Charges and Billing
You agree that the Company shall be permitted to charge your credit card on a monthly, quarterly, biannual, or annual basis in advance of providing its services or as needed for prepayments, for your subscription fee, any applicable sales taxes, and any other charges you may incur in connection with your use of the Company’s services. The subscription fee is billed in full on the first day the respective service is charged on a monthly (or biannually, or annually, if so agreed) thereafter, unless and until you cancel your subscription.
The Company is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by the Company. Currency exchange settlements will be based on agreements between you and the provider of your credit card. In addition, we do not give pro-rated refunds for unused time if cancellation is initiated during the middle of a billing cycle. We reserve the right to change our fees, but will notify you in advance of increases, and will not retroactively apply fee increases.
All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. The costs of any returns if permitted will be at your expense, unless otherwise provided by applicable law.
7. Limitation of Liability
The Company shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from the Company’s servers going off-line or being unavailable for any reason whatsoever. Furthermore, the Company shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of the Company’s servers. To the extent that any damages would be applicable, notwithstanding the foregoing, all damages shall be limited to the immediate termination of service.
The Client agrees to indemnify and hold harmless the Company and its employees from any claims resulting from the use of the service which damages the Client, its subsidiaries, affiliates or related parties, or any other party. The Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Where there is ambiguity as to negligence in such a case, it shall be assumed that the Company is not so negligent.
The Client further acknowledges that the Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the Client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
8. Exclusions and Limitations
Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. However, Free services, products or addons, including but not limited to website migrations, trial accounts, backups, cPanel emails and SSL certificates are provided "as is" with no express or implied warranty.
9. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
10. Warranty Disclaimer
Subject to clause 7 herein, you agree that your use of the Company’s services shall be at your sole risk. All services provided by the Company are “as is” and without warranties or guarantees.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Company’s services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that use of our services caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Company’s services.
Any notices to be provided by you to us pursuant to these Terms of Service should be sent to the following email address / address: email@example.com
You agree that the Company may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on the Company’s websites. For the avoidance of doubt, the Company will use the email address and regular mail address as provided by you upon signing up to the Company’s services, unless otherwise notified.
13. General Information
Entire Agreement. The Terms of Service (including any policies, guidelines or amendments that may be presented to your from time to time) constitute the entire agreement between you and the Company and govern your use of the Company’s services, superceding any prior agreements between you and the Company for the use of the Company’s services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other of the Company’s services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms of Service and the relationship between you and the Company shall be governed by the laws of the Hong Kong Special Administrative Region, and shall, at the Company’s option be subject to arbitration in accordance with the arbitration rules of the Hong Kong International Arbitration Centre in force at the relevant time.
Waiver and Severability of Terms. The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Company’s services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
What personal data we collect and why we collect it.
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
16. Contact forms
When you submit data to us through a contact form this data will be retained for a time in connection with your enquiry, your IP Address may also be captured at that time for security and user verification purposes.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select "Remember Me", your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
18. Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
Third party tracking of users takes place on a number of our properties in order to verify general usage of the domains and performance of specific marketing campaings. All such information is obtained by these third parties in accordance with their own terms of service and you may block such analytic information at any time from within your web broswer without affecting your use of our properties.
20. Who we share your data with
Whenever you attempt to make a first purchase through any of our properties third party fraud mitigation takes place by way of your submitted contact details and as seen IP address information. This data is stored on our servers in accordance with our general terms for future fraud compliance purposes. We do not sell or otherwise trade your data with other parties.
21. How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
22. What rights you have over your data
If you have an account on this site or any of our other properties, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
23. Where we send your data
Your data is retained on our servers for purposes stated, and otherwise as described above to third parties for fraud prevention. Visitor comments may be checked through an automated spam detection service.
24. Your contact information
In order for us to contact you in the course of responding to your enquiries, or for fulfilling future services, we may keep your contact details on file for a period of up to 5 years unless otherwise requested not to do so.Registered users of our services can log in through their account portal to view data held on them at any time, and to request changes or deletions.
25. Additional information
How we protect your data
Your data is secured on protected servers and access to it is restricted to our employees on an as needed basis only.
26. What data breach procedures we have in place
In case of a data breach we will notify all affected parties and take such steps as necesary in compliance with the GDPR and other applicable legistation, so as to mitigate the exposure in a timely manner.
27. What third parties we receive data from
None at this time.
28. What automated decision making and/or profiling we do with user data
In order to reduce the risk of online transaction frauds, when attempting to order anything through our services an automated risk assessment is made of your order, based on the IP address of your connection and other available data. If you do not successfuly complete such 'fraud check' your services may not be provisioned.