1. Acceptance of Terms and Conditions
This is a Website operated by Nanomatic Limited. We provide internet based information and security services worldwide. Please read the following terms and conditions of use before accessing and using the Materials provided by Nanomatic through this Website. By pressing the "I Accept" button below or otherwise using this Website, you hereby acknowledge that you have read, understood, and that you agree to be bound by these terms and conditions.
In this Agreement the following terms shall have the following meanings unless the context otherwise requires :
"Materials" shall mean anything that you may see, read, hear, download, use or access on or via the Website (including but not limited to messages, files, data, images, photographs, maps, illustrations, text, software or applications such as myrimis and nanonavi).
"myrimis" refers to a location based services platform that provides social network functionality combined with location based media.
"Nanomatic" shall mean Nanomatic Limited, a company duly incorporated and existing under the laws of the Hong Kong Special Administrative Region and having its registered office at Flat A, 13/F Jonsim Place, 228 Queen's Road East, Wanchai, Hong Kong.
"nanonavi" refers to a personal navigation and information system that allows users all over the world to navigate to an address or a point of interest using a satellite Global Positioning System.
"Services" shall mean the services provided by us to facilitate your use of the Materials and the Website..
"Website" refers to the "www.myrimis.com", "www.nanonavi.com" website.
3. Amendment of Agreement
Nanomatic reserves the right to amend or modify the terms and conditions contained in this Agreement at any time by posting amendments thereto on the Website. The amended terms shall automatically be effective once they are posted on this Website, and shall be accepted by you in consideration of Nanomatic continuing to provide access to the Website and the Materials.
4. Inclusion of Other Materials
Any other guidelines or policies expressed elsewhere in this Website are hereby incorporated into this Agreement by reference.
- The precondition of usage of the Website, the Materials and the Services provided by Nanomatic is that you must first have successfully registered as a User in accordance with Nanomatic's requirements in this respect and accepted this Agreement as specified above.
- A further precondition is that you must be an individual who is capable of entering into a legally binding contract under any law applicable to you. In any event to use the Materials and to benefit from the Services we provide you must be 18 years of age or older, competent to assume legally-binding obligations, and have the resources available to honour the obligations that you undertake when utilising the Materials. If you are a minor or otherwise incapacitated please do not register with us and/or use the Materials. Nanomatic reserves the right to refuse to deal with you at any time at its sole discretion.
Nanomatic may from time to time, and in its sole discretion change the fees required for accessing or using the Website and the Materials and while we may agree specific fees with you, you are responsible for regularly reviewing the schedule of fees posted on the Website.
7. Accuracy of Information Provided/Non-interference
You are solely responsible for all information you provide on this Website. In particular, you will ensure that any such information shall be truthful, shall not be fraudulent or infringe third party rights of any nature, shall not be obscene, shall not link to any other Website and shall not contain any virus or other device intended to damage or harm the Website. You will not yourself, or allow or enable another, to directly or indirectly interfere or attempt to interfere with the operations of the Website, the Materials and any activity on the Website. You will not take any action which may impose an unreasonable load on Nanomatic's computing system.
8. Safekeeping of password
You must keep safe and you must not at any time disclose any user name or password allocated or adopted for use in respect of the Website to any other person.
A User hereby warrants as follows:
10. Reservation of Rights
- that the User shall comply with all applicable laws, statutes, ordinances and regulations regarding use of the Website, Materials and Services.
- that the User shall only use the Materials and Services to monitor persons who have consented to be monitored and to monitor property that is in the ownership or control of the User.
- that the User shall use the Website, Materials and Services solely for legal purposes and will not infringe the rights of any third party in using the Website, Materials and Services.
Nanomatic reserves the right to refuse an application for registration as a User in its sole discretion. Nanomatic also reserves the right on 7 days written notice to suspend or terminate use of the Website and/or the Materials by a User.
11. Breach and Termination
Nanomatic may immediately issue a warning to you about your use of the Website, Materials and/or Services, temporarily suspend or forthwith terminate your use of the Website, Materials and Services, if you breach these terms and conditions or any other Nanomatic policies or rules posted elsewhere on the Website, or if Nanomatic, in its sole discretion, considers that you have infringed upon or tried to infringe upon the proprietary rights of others or if any information that you have provided to Nanomatic is found to be false or if Nanomatic has been unable to authenticate or verify the accuracy of such information.
You agree to indemnify and hold harmless Nanomatic against any and all loss, damage, liability, costs and expenses (including reasonable attorneys fees) that may be incurred or suffered by Nanomatic in respect of any claim arising from;
13. Use of Website and Materials at Own Risk
- your breach of any of the terms and conditions of this Agreement.
- any dispute arising between you and any other person relating to your use of the Website, Materials or Services whether to monitor that person or otherwise.
14. Limitation of Liability
- You use the Website and Materials at your risk. You must evaluate, and bear all risks associated with the use of any Materials, including reliance on the accuracy, completeness or usefulness of any of the Materials.
- We endeavour to provide a convenient and functional Website, but we do not guarantee that the Materials will be error free or that the Website or the server that operates it is free of viruses or other harmful components.
- If your use of the Website results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
- Everything on the Website is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under the applicable law.
- You acknowledge that use of the Website, the Materials and the Services are subject to the availability of third party telecommunication systems and service providers over which we have no control. If such third party systems and services are not available then the Website, the Materials and the Services we provide may also be interrupted and we shall not be liable for this
In the event of any action being brought against Nanomatic by a User for breach of contract or in tort or otherwise, Nanomatic shall not be liable for any direct or indirect loss of any kind including loss of profits, goodwill or any type of special or consequential loss arising out of or in connection with the use of the Website, the Materials and/or Services or these terms and conditions. In any event Nanomatic's liability in respect of any claim shall not exceed the fees paid by the User for the use of the Website, the Materials and/or Services in respect of which the claim arose or US$5,000 (whichever shall be greater). If you have any dispute with any person relating to your use of this Website, the Materials or Services you hereby release Nanomatic, its agents and employees from any claims, demands and damages (actual and contingent) arising out of or connected in any way with such disputes.
Any notice or other document to be given pursuant to this Agreement shall be sent by email in the case of Nanomatic to [email@example.com] and in the case of the User to the email and/or correspondence address provided to Nanomatic during the registration procedure.
16. Intellectual Property
Nanomatic's trade name and logo as well as the content and layout of the Website and the Materials are proprietary to Nanomatic, and all rights in respect thereof are reserved.
In order to register as a User of the Website, you will be required to provide Nanomatic with personal information and data. Failure to supply personal data as requested will result in Nanomatic being unable to provide you the Services. By registering as a User and using the Website, you grant us the consent to use your personal data in accordance with the Personal Data (Privacy) Ordinance in Hong Kong. As a general policy Nanomatic values all personal information provided by Users and our Policy on personal data can be viewed by clicking here.
This Agreement shall be binding upon and ensure for the benefit of the successors in title of the parties hereto. You may not, however, assign, transfer, resell or sub-license your rights or obligations under the Agreement.
19. Governing Law
This Agreement shall be governed by and construed in accordance with the law of the Hong Kong Special Administrative Region.