Terms & Conditions of Mcogroup's Engagement with Users in Hong Kon
1. Introduction
These Terms & Conditions are set to govern the relationship between Mcogroup (hereinafter referred to as "the Company'') and its Users. By engaging with the Company, Users agree to be bound by these terms.
2. Adherence to the Basic Law
a. Acknowledgement: Both the Company and its Users acknowledge that the Basic Law of the Hong Kong Special Administrative Region (HKSAR) is the foremost legal document that prescribes the legal landscape of Hong Kong.
b. Compliance: The Company pledges its commitment to operating under the guidelines and provisions laid out by the Basic Law of HKSAR. Similarly, Users by engaging with the Company inherently agree to act in a manner that does not contravene the principles and stipulations of the Basic Law.
c. Rights and Responsibilities: All rights and responsibilities arising from the engagement between the Company and its Users are to be defined with precision. This ensures that both parties act consistently with the Basic Law's requirements.
d. Resolution: Any claim, dispute, or issue arising out of a perceived violation of the Basic Law in the context of this engagement will be addressed promptly. The Company and Users commit to amicably resolve such disputes while upholding the spirit and letter of the Basic Law.
e. Amendments: The Company reserves the right to modify these Terms & Conditions to better reflect any changes or updates in the Basic Law. Users will be duly informed of such changes, and continued engagement post-notification will be deemed as acceptance of the revised terms.
2.1. Severability
If any provision of these Terms & Conditions is found to be invalid or unenforceable under the Basic Law or any other applicable legislation, such provision will be deemed separate from the rest, and the validity of the remaining provisions will not be affected.
2.2. Governing Law
These Terms & Conditions are governed by and constructed in accordance with the Basic Law of the Hong Kong Special Administrative Region and other applicable Hong Kong laws.
2.3. Acceptance
Engaging with the Company signifies the User's acceptance of these Terms & Conditions. It is the responsibility of the User to review these terms periodically to stay informed.
By engaging with Mcogroup, Users affirm their understanding and agreement to the stipulations laid out in these Terms & Conditions.
3. Compliance with Companies Ordinance (Cap. 622)
a. Acknowledgment: Both the Company and its Users recognize that the Companies Ordinance (Cap. 622) is a crucial legislation in Hong Kong that regulates the incorporation, operation, and management of companies.
b. Commitment to Compliance: The Company is committed to ensuring its operations, practices, and engagements strictly adhere to the requirements and provisions of the Companies Ordinance (Cap. 622). This commitment extends to every facet of the Company's operations, including its dealings with Users.
c. User Responsibilities: Users, by choosing to engage with the Company, implicitly agree to conduct their dealings in a manner consistent with the provisions of the Companies Ordinance (Cap. 622) as it pertains to them.
d. Transparency: The Company maintains transparency in its operations and practices to ensure both the Company and its Users can easily identify and adhere to the relevant stipulations of the Companies Ordinance (Cap. 622).
e. Resolution of Non-compliance Issues: In the unlikely event of any disputes or disagreements arising from or related to compliance with the Companies Ordinance (Cap. 622), the Company and its Users pledge to address and resolve such matters promptly and in accordance with Hong Kong laws.
f. Updates & Amendments: The Company holds the right to modify these Terms & Conditions to reflect any changes, amendments, or updates to the Companies Ordinance (Cap. 622) or related Hong Kong legislation. Users will be notified of such changes, and continued engagement with the Company after such notification implies acceptance of the updated terms.
3.1 Severability
Should any provision within these Terms & Conditions be deemed invalid or unenforceable as per the Companies Ordinance (Cap. 622) or any other relevant law in Hong Kong, such a provision will be considered distinct, leaving the remainder of the provisions intact and enforceable.
3.2. Governing Law
These Terms & Conditions are governed by and construed in accordance with the Companies Ordinance (Cap. 622) and other pertinent Hong Kong laws.
3.3. Acceptance
Users' decision to engage with Mcogroup confirms their understanding, acknowledgment, and acceptance of these Terms & Conditions. Users are encouraged to review these terms periodically to stay updated.
By engaging with Mcogroup, Users concur with the terms specified herein.
4. Protection under the Contract Law
Governing Law: These Terms and Conditions are governed by and construed in accordance with the laws of Hong Kong and are subject to the exclusive jurisdiction of the Hong Kong courts.
Contractual Validity: Pursuant to Hong Kong's contract law, which has its roots in the English common law system, all contracts to be considered valid must have clear terms that are understood by all participating parties. Mcogroup is committed to crafting agreements that adhere to these principles.
User Acknowledgment: By engaging with Mcogroup or using its services, the User confirms they have read, understood, and agreed to these Terms and Conditions, and are entering into a legally binding contract. The User acknowledges that the terms have been made clear and they have been given a fair chance to seek clarification on any points of uncertainty.
Rights and Responsibilities: Mcogroup's agreements with Users clearly define the rights, obligations, and responsibilities of both parties. This clarity is designed to prevent misunderstandings and disputes and to provide a robust foundation for the relationship between Mcogroup and its Users.
Enforceability: Mcogroup takes steps to ensure that its contracts with Users are enforceable under Hong Kong law. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and other provisions remain in full force and effect.
Amendments: Mcogroup reserves the right to modify these Terms and Conditions from time to time. Any amendments will be communicated to Users in a timely manner. Continued use of Mcogroup's services after the announcement of changes will be deemed as acceptance of the modified terms.
Dispute Resolution: Any disputes arising from or in connection with these Terms and Conditions or any agreement between Mcogroup and a User shall first be attempted to be resolved amicably through negotiations. If the dispute cannot be settled through negotiation within thirty (30) days, it shall be referred to and finally resolved by arbitration in Hong Kong in accordance with the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration rules in force when the Notice of Arbitration is submitted.
Indemnification: The User agrees to indemnify, defend, and hold harmless Mcogroup, its affiliates, officers, directors, employees, agents, and licensors from and against all claims, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions or any activity related to the User's account.
Contact Information: For any inquiries, clarifications, or disputes, Users are encouraged to contact Mcogroup directly at the provided contact details.
5. Data Handling under the Personal Data (Privacy) Ordinance (Cap. 486)
a. Compliance with Ordinance: The Company strictly adheres to the Personal Data (Privacy) Ordinance (Cap. 486) in all its operations involving the collection, processing, storage, and dissemination of Users' personal data.
b. Data Collection: Data collected from Users is relevant, appropriate, and not excessive concerning the purposes for which it is collected. Users will be informed of the purpose for which the data is collected at the time of collection.
c. User Consent: Personal data will only be processed with the explicit consent of the User, unless exempted under specific provisions of the Ordinance.
d. Data Security: The Company commits to implementing robust security measures to protect Users' personal data against unauthorized access, accidental loss, destruction, or damage.
e. Data Retention: Personal data will not be retained longer than is necessary for the fulfillment of the purpose for which it was collected.
f. User Rights: Users have the right to request access to and correction of their personal data held by the Company. Any such requests will be processed in accordance with the provisions of the Personal Data (Privacy) Ordinance (Cap. 486).
g. Transparency & Communication: Any changes to the Company's data handling practices will be communicated to Users in a timely manner. The Company maintains an open channel for Users to raise concerns, seek clarifications, or make inquiries related to their personal data.
h. Data Transfers: The Company will not transfer personal data outside of Hong Kong unless such a transfer is compliant with the provisions laid out in the Personal Data (Privacy) Ordinance (Cap. 486).
i. Amendments: The Company reserves the right to update these Terms & Conditions to reflect changes or updates in the Personal Data (Privacy) Ordinance (Cap. 486) or any other relevant regulations. Users will be informed of any such changes, and continued engagement implies acceptance of the revised terms.
5.1. Severability
If a provision of these Terms & Conditions is found to be inconsistent with the Personal Data (Privacy) Ordinance (Cap. 486) or any other Hong Kong law, such provision will be viewed in isolation, not affecting the remaining provisions' enforceability.
5.2. Governing Law
These Terms & Conditions are guided by and constructed in compliance with the Personal Data (Privacy) Ordinance (Cap. 486) and other relevant laws of Hong Kong.
5.3. Acceptance
By engaging with Mcogroup, Users confirm their full understanding and acceptance of these Terms & Conditions. Periodic reviews of these terms are recommended to stay informed about updates.
