Terms of Use

These Terms of Use (“Terms”) were last updated 30 June 2020.

 

Please read these Terms carefully. These Terms govern your access to and use of this website (“Site”) and set forth important details about your relationship with Gilson‚ restrictions on how you can use the Site‚ and limitations on Gilson’s liability.

The Site is owned and operated by Gilson China Limited on behalf of itself and its affiliates (collectively‚ “Gilson‚” “we,” or “us,” or “our”). Affiliates includes Gilson, Inc. any company in which Gilson, Inc. is directly or indirectly a shareholder.

By accessing or using the Site‚ you agree on behalf of yourself and any institution or company that you represent (together, “you”) that you have read and understand these Terms and our Privacy Policy. If you are unwilling to be bound by these Terms‚ do not access or use the Site.

Gilson reserves the right to make changes to this Site and these Terms at any time. All changes to these Terms are effective upon posting to the Site and, by accessing or using the Site after changes are posted‚ you agree to those changes. Material changes will be conspicuously posted on the Site or otherwise communicated to you, in accordance with applicable laws.

 

Privacy Policy

Gilson believes strongly in the protection of the privacy of Site users and our customers. We may collect information from your access to and use of the Site as set forth in our Privacy Policy‚ which is incorporated into these Terms by this reference and states our information collection, use, and sharing practices.

Changes to the Site

You agree and understand that the Site‚ including any and all features available via the Site‚ may be modified by us‚ in our sole discretion‚ at any time without notice and without liability. Unless expressly stated otherwise‚ any new features‚ new services‚ enhancements or modifications to the Site implemented after your initial access to the Site will be subject to these Terms.

Gilson Accounts

The Site may allow you to set up an online Gilson account, which is required in order to purchase products via the Site and to access and use certain online services that Gilson makes available. All access to and use of Gilson accounts and Gilson’s online services is governed by the Gilson Terms of Service, these Terms (as applicable), and our Privacy Policy.

Restrictions on Your Use of the Site

You may download and print one copy of the Site’s visible content for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices.

You may not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or any part of the Site without the prior written consent of Gilson. You may not use the Site for unlawful purposes. You may not (a) use the Site for any resale or commercial purpose; (b) collect or use any product listings or descriptions; (c) make derivative uses of the Site (including its contents); or (d) use any data mining‚ robots‚ or similar data gathering and extraction methods on the Site.

You may not access, use, or copy any portion of the Site or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You may not use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. User activities that aim to render the Site or associated services inoperable or to make their use more difficult are prohibited. You may not submit inaccurate information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the business interests or reputation of Gilson.

Any unauthorized use of the Site may violate applicable law, including laws governing intellectual property and communications regulations and statutes. Violators will be prosecuted to the fullest extent of the law. You are responsible for complying with all laws and regulations that apply to your use of the Site. Gilson reserves the right, in its sole discretion and to the maximum extent permitted by applicable law, to terminate your access to or use of the Site for any reason without notice or liability, including your breach of this section or any other provision of these Terms.

We reserve the right to investigate and take appropriate action‚ including legal action‚ in our sole discretion‚ against anyone who violates these Terms‚ including without limitation by blocking such violators’ use of the Site.

Ownership

The Site‚ including all of the Site’s photographs‚ images‚ text‚ graphics‚ charts, icons‚ audio clips‚ video, interfaces, other content, software‚ computer code, data, trademarks, logos, slogans, names of products, documentation, other components‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the design, selection‚ arrangement‚ and assembly of the Site‚ including all copyrights‚ trademarks‚ and other intellectual property and proprietary rights in the foregoing‚ are owned exclusively by Gilson or, as applicable, our licensors and suppliers, and are protected by copyright, trademark, and other intellectual property laws. Nothing contained in these Terms will be deemed to grant to you or any other user any rights‚ title or interest in or to any copyright‚ trademark or other proprietary right of ours or any of our licensors or suppliers.

Any trademarks‚ service marks‚ and other marks and indicators of source or origin that are displayed on the Site are the proprietary property of Gilson or their respective owners‚ as applicable. None of such marks may be used in connection with any product or service in a manner that is likely to cause confusion among consumers‚ or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties and copies of third-party copyrighted materials that appear on the Site are the property of their respective owners.

You may not use‚ copy‚ modify or display any of the trademarks‚ service marks‚ names or logos appearing on the Site without the express written permission of the trademark owner. Any unauthorized use of any trademarks, designs, copyrighted materials, or any other intellectual property belonging to Gilson or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
Copyright © 2017-2020 Gilson, Inc. All rights reserved.

Career Opportunities

The Site may allow you to submit job applications for posted career opportunities via email. You will not provide any resume or other job application materials for any person other than yourself. You warrant that all information contained in any job application or related materials you provide is current, accurate, and complete. Your submission of a job application or related materials does not in any way require Gilson to review that application or related materials or to consider you for employment. Career opportunities on the Site are subject to change at any time, at our sole discretion and without notice.

No Warranty

THE SITE‚ INCLUDING THE INFORMATION‚ SERVICES‚ PRODUCTS‚ AND OTHER CONTENT AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE‚ IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW‚ GILSON MAKES NO‚ AND GILSON HEREBY EXPRESSLY DISCLAIMS, ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND‚ EXPRESS, IMPLIED, OR OTHERWISE‚ WITH RESPECT TO THE SITE, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY‚ QUALITY, ACCURACY, OPERATION AND USE OF THE SITE (INCLUDING ALL CONTENT‚ SERVICES‚ PRODUCTS‚ AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE)‚ MERCHANTABILITY‚ FITNESS FOR ANY USE OR PURPOSE‚ COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NON-INFRINGEMENT‚ AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE.

GILSON DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE. WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE‚ COMPLETE OR CURRENT‚ AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF‚ INABILITY TO USE‚ OR RELIANCE ON ANY ASPECT OF THE SITE‚ INCLUDING BUT NOT LIMITED TO SERVICES‚ PRODUCTS‚ AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE. FURTHER‚ TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED‚ SECURE‚ OR FREE OF ERRORS‚ VIRUSES‚ OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. GILSON IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SITE. GILSON HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.

WE DO NOT WARRANT OR ENDORSE ANY USER-GENERATED CONTENT (AS DEFINED BELOW). ALL USER-GENERATED CONTENT IS SOLELY THE REPONSIBILITY OF THE PERSON WHO PROVIDED THAT USER-GENERATED CONTENT.

YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SITE, AND ANY OTHER DAMAGE THAT MAY BE INCURRED.

NO ADVICE OR INFORMATION‚ WHETHER ORAL OR WRITTEN‚ OBTAINED BY YOU FROM US OR IN ANY MANNER FROM THE SITE WILL CREATE ANY WARRANTY WITH REGARDS TO THE SITE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GILSON, OR ITS OR THEIR RESPECTIVE DIRECTORS‚ OFFICERS‚ OWNERS, EMPLOYEES‚ CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS (TOGETHER, “GILSON PARTIES”) BE LIABLE FOR ANY DIRECT‚ INDIRECT‚ SPECIAL‚ INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONAL AND OTHER INFORMATION INTO THE SITE)‚ WHETHER THE CLAIM IS BASED IN CONTRACT‚ TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A GILSON PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE GILSON PARTIES’ LIABILITY TO YOU EXCEED US$100 , EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Third-Party Websites

The Site may display links or be linked to websites not maintained or controlled by Gilson. We are not responsible for examining or evaluating the content or accuracy of, and Gilson does not warrant or endorse, any third-party website or any products‚ services or other materials relating to any such site‚ including any links contained in a linked site. Please take care when leaving the Site to visit a third-party website. You should read the terms of use and privacy policy for each website that you visit.

User-Generated Content

• The Site may allow you to create, post, transmit, upload, publish, distribute, broadcast, submit, and otherwise provide comments, data, text, images, video, audio, and other content and material via the Site, including by posting product reviews, and to respond to content provided by others (together, “User-Generated Content”). User-Generated Content is neither generated nor controlled by Gilson. To the maximum extent permitted by applicable law, Gilson is not responsible for any User-Generated Content. You are responsible for all User-Generated Content that you provide and for the legality, originality, and appropriateness thereof.

• By providing User-Generated Content you warrant that you are the creator or owner of that User-Generated Content or that you otherwise have the rights, permissions, and consents necessary to provide that User-Generated Content to us and to allow us to use that User-Generated Content as permitted by these Terms. By providing User-Generated Content, you agree not to claim that any use of that User-Generated Content by us or any third party infringes or violates your or any other person’s intellectual property rights, rights of privacy, rights of publicity, or other rights. You retain any copyright or other intellectual property right you may have in User-Generated Content that you provide, subject to the license granted to Gilson below.

• Please keep in mind that any User-Generated Content that you provide will be publicly available via the Site. You must maintain a polite, pleasant, and respectful environment. User-Generated Content that harasses, abuses, stalks, threatens, or otherwise violates the legal rights of others is prohibited. User-Generated Content must be relevant to the applicable topic. User-Generated Content that is defamatory, indecent, pornographic, obscene, or otherwise objectionable or harmful is prohibited. You may not create a false identity, hide your true identity, or impersonate or represent any person other than yourself. You may not provide any other person’s private or confidential information without that person’s permission.

• User-Generated Content is monitored by human customer support. Gilson reserves the right, but does not have the obligation, to, at any time and for any reason, review, prescreen, edit, redact, otherwise modify, reorganize, and recategorize User-Generated Content. Gilson also reserves the right, but does not have the obligation, to, at any time and for any reason, delete User-Generated Content from the Site. Gilson has no obligation to archive or otherwise store any User-Generated Content. Gilson reserves the right to impose limits on Site features (e.g., the ability to provide User-Generated Content) and, to the maximum extent permitted by applicable law, to restrict your access to all or parts of the Site at any time for any reason, including breach of these Terms.

• If you delete or replace User-Generated Content that you have provided (where those options are available), you understand that it may remain in our back-up systems for a period of time and that Site users who have accessed that User-Generated Content may continue to have access to and use it.

• If you provide User-Generated Content, you grant Gilson an unlimited, perpetual, irrevocable, transferable, assignable, sublicensable, royalty-free, fully paid-up, worldwide license to copy, reproduce, implement, modify, adapt, reformat, translate, excerpt, prepare derivative works of, store, publish, perform, display, license, sell, exploit, and otherwise use and distribute (in all media and distribution methods now known or later developed) that User-Generated Content. You understand that this license allows us to use User-Generated Content to develop and market products and services and that we may modify User-Generated Content that you provide.

Copyright Policy

We respect the intellectual property rights of others and we ask that our users do the same. In accordance with the Copyright Law of the People's Republic of China (“Copyright Law”), and other applicable laws (to the extent the Copyright Law and such other laws apply), we strive to expeditiously remove any infringing material from the Site if we become aware of the same. If you believe that anything on the Site infringes any copyright that you own or control, please provide us or our designated agent with a notice that contains the following information:

• A description of the copyrighted work(s) that you claim have been infringed;

• A description of the allegedly infringing material, including its location on the Site;

• A statement by you that you are the copyright owner; and

• Your email address, telephone number, and mailing address;

Contact information for our designated agent for notice of claims of copyright infringement is:

Gilson China Limited:
Unit Nos 1 & 2, 20/F, Remington Center
No 23 Hung To Road, Kwun Tong
Kowloon, Hong Kong
Tel: (852) 2110 5726

Linking to the Site

If you operate a website and are interested in linking to the Site: (a) the link must be a text-only link unless you request a graphic badge from Gilson, in which case you may use any graphic badge provided by Gilson to link to the Site, and, in any case, the link must be and clearly marked; (b) the link must “point” to the URL “https://www.gilsonhk.com” and not to any other page; (c) the link and its use must be in connection with a website of appropriate subject matter; (d) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Gilson’s names and trademarks; (e) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by Gilson; and (f) the link, when activated by a user, must display the Site full-screen and not within a frame. Gilson reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.

Feedback

Gilson welcomes comments regarding the Site. If you submit comments or feedback to us regarding the Site, they will not be considered or treated as confidential. Provided that they do not contain personal information, we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

Applicable Law

The laws of the Hong Kong Special Administrative Region, People’s Republic of China (“Hong Kong”)‚ without regard to principles of conflict of laws‚ will govern these Terms and any dispute of any sort that might arise between you and Gilson in connection with these Terms or your access to or use of the Site. Venue is exclusively in the courts of Hong Kong with respect to any dispute arising under these Terms unless otherwise determined by Gilson in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts. The United Nations Convention for the International Sale of Goods does not apply. Any cause of action or other claim with respect to the Site must be commenced within one year after the cause of action or claim arises.

Electronic Communications

These Terms and any other documentation, agreements, notices, or communications between you and Gilson may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other electronic communications for your reference.

General

No agency‚ partnership‚ joint venture‚ or employment relationship is created as a result of these Terms‚ and you do not have any authority of any kind to bind Gilson in any respect whatsoever.

These Terms, including our Privacy Policy and, as applicable, the Gilson Terms of Service, constitute the entire agreement between you and Gilson regarding access to and use of the Site. To the maximum extent permitted by applicable law, Gilson’s failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of the enforcement of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Gilson. If any provision of these Terms is found to be unenforceable or invalid‚ that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. These Terms are not assignable‚ transferable or sublicensable by you‚ except with our prior written consent.

The headings in these Terms are for convenience only and have no legal or contractual effect.

These Terms do not confer any rights, remedies, or benefits upon any person other than you and Gilson, except that our affiliates are third-party beneficiaries of these Terms. These Terms inure to the benefit of Gilson’s successors and assigns. These Terms do not confer any rights, remedies, or benefits upon any person other than you and Gilson, except that our affiliates are third-party beneficiaries of these Terms.

Any provisions of these Terms that are intended to survive termination (including any provisions regarding limitation of our liability or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Site.

Contact Us

Please contact us with any questions regarding these Terms via email at infohk@gilson.com or via telephone or mail using the contact information below.