Terms and Conditions

1. Acceptance of Terms

By accessing or using the website located at https://www.onpointmediahk.com (the “Site”), you agree to be bound by these Terms and Conditions (“Terms”) and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Site.

If you are using the Site on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms.

2. Changes to These Terms

OnPoint Media Limited (“we”, “us”, “our”) may update or modify these Terms from time to time at our discretion. When we do, we will revise the “Last updated” date above. Your continued use of the Site after any changes constitutes your acceptance of the new Terms. If you do not agree to the changes, you must stop using the Site.

3. Eligibility

You may use the Site only if you:

• Are at least the age of majority in your jurisdiction (or have parental/guardian consent where applicable), and
• Have the legal capacity to enter into a binding agreement.

By using the Site, you represent and warrant that you meet these requirements.

4. Use of the Site

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree that you will not:

• Use the Site in any way that violates any applicable law or regulation.
• Use the Site to transmit, distribute, or store any material that is unlawful, infringing, harmful, defamatory, obscene, harassing, or otherwise objectionable.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any related network or database.
• Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
• Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission.
• Interfere with or attempt to interfere with the proper working of the Site.

We reserve the right to suspend or terminate your access to the Site for any violation of these Terms.

5. Intellectual Property Rights

Unless otherwise indicated, the Site and all content and materials on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, software, and design (collectively, the “Content”), are owned or licensed by OnPoint Media Limited and are protected by applicable intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and the Content for your personal, non-commercial use only.

You may not:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content, except as permitted by law or with our prior written consent.
• Remove or alter any copyright, trademark, or other proprietary notices.
• Use any trademarks, logos, or service marks displayed on the Site without our prior written permission or that of the respective owner.

6. Third-Party Links and Services

The Site may contain links to third-party websites, resources, or services that are not owned or controlled by OnPoint Media Limited. These links are provided for your convenience only.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that OnPoint Media Limited is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any third-party content, products, or services.

We encourage you to review the terms and privacy policies of any third-party websites or services you visit.

7. Privacy

Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Site, you consent to our collection and use of information as described in the Privacy Policy.

8. Disclaimers

The Site and all Content are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied.

To the fullest extent permitted by law, OnPoint Media Limited disclaims all warranties, express or implied, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Warranties arising from course of dealing or usage of trade.
• Warranties that the Site will be uninterrupted, secure, or free of errors, viruses, or other harmful components.
• Warranties regarding the accuracy, completeness, reliability, or timeliness of any Content.

You use the Site at your own risk.

Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you in whole or in part.

9. Limitation of Liability

To the fullest extent permitted by law, in no event will OnPoint Media Limited, its affiliates, or their respective directors, officers, employees, agents, or licensors be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of data, loss of goodwill, or other intangible losses, arising out of or in connection with:

• Your access to, use of, or inability to use the Site.
• Any conduct or content of any third party on the Site.
• Any content obtained from the Site.
• Unauthorised access, use, or alteration of your transmissions or content.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you in whole or in part.

10. Indemnification

You agree to defend, indemnify, and hold harmless OnPoint Media Limited, its affiliates, and their respective directors, officers, employees, agents, and licensors from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

• Your access to or use of the Site.
• Your violation of these Terms.
• Your violation of any rights of another party, including any intellectual property, privacy, or publicity rights.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.

11. Termination

We may suspend or terminate your access to all or part of the Site at any time, with or without cause, with or without notice, and without liability to you.

Upon termination, your right to use the Site will immediately cease. Sections of these Terms that by their nature should survive termination (including but not limited to ownership provisions, warranty disclaimers, limitations of liability, and indemnification) will survive.

12. Governing Law and Dispute Resolution

These Terms and your use of the Site are governed by and construed in accordance with the laws of Hong Kong without regard to its conflict of law principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Site will be subject to the exclusive jurisdiction of the courts located in Hong Kong, and you hereby consent to the personal jurisdiction and venue of such courts.

13. Entire Agreement

These Terms, together with any other policies or agreements expressly incorporated by reference (including our Privacy Policy), constitute the entire agreement between you and OnPoint Media Limited regarding your use of the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and OnPoint Media Limited with respect to the Site.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

14. No Waiver

No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or a waiver of any other term, and any failure of OnPoint Media Limited to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

15. Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision will be null and void.

We may assign our rights and obligations under these Terms, in whole or in part, to any affiliate, successor, or third party in connection with a merger, acquisition, corporate reorganisation, or sale of assets, or by operation of law or otherwise, without notice to you.

16. Force Majeure

We will not be liable for any failure or delay in performance of our obligations under these Terms to the extent caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, labor disputes, strikes, lockouts, accidents, government orders, pandemics, epidemics, failures of telecommunication or internet service providers, or shortages of materials or supplies.

17. Communications and Electronic Notices

By using the Site, you agree that we may communicate with you electronically, including by email, through notices on the Site, or by other electronic means.

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

If you wish to withdraw your consent to receive communications electronically, you must contact us; however, doing so may affect your ability to use some or all of the Site.

18. Contact Information

If you have any questions about these Terms or the Site, or if you need to contact us for any reason, you can reach us at: [email protected]