Terms and Conditions

Your use of this website is subject to the following Terms and Conditions, which you are deemed to accept each time you use the website. Please read this page carefully. If you do not accept these Terms and Conditions, you may not use the TMS Web Site. Upon your acceptance of the Terms and Conditions, they are binding upon you.

TMS may revise the Terms and Conditions immediately upon notice to you. Your access to the Web Site and its services will be terminated upon your notice to the web site operators that any change is unacceptable otherwise your continued use will constitute your acceptance of all changes and they will be binding upon you.

The use of TMS and its services is a privilege. TMS reserves the right to suspend that privilege on an individual basis for any reason at any time, in its sole discretion. .

LIMITATION OF LIABILITY

Without prejudice to the above, the aggregate liability by TMS to any user for all claims arising from their use of the TMS’ services and the Web Site shall be limited to the amount of the existing package fee subscribed to and paid for by the user (if any) and operative at that time.

IN NO EVENT SHALL MobiTMS HK Ltd., OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TMS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SITE OPERATIONS

The Internet is not entirely a stable medium to operate with; errors, omissions, interruptions of services and delays may occur at any time. Although we try to maintain the high quality of this website and the continuity of it, we do not accept any liability arising from any such errors, omissions, interruptions or delays or any ongoing obligation or responsibility to operate this website (or any particular part of it) or to provide the service offered on this website. We may also vary the specification of this site from time to time. Without notice.

ACCEPTABLE WEB SITE USES

You may only use this Site for lawful purposes. You must not under any circumstances seek to undermine the security of the Site or any information submitted to or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information to which you do not have authorized access, seek to overload the system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of this Site or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Site.

You are solely responsible for any information submitted by you to this site. You are responsible for ensuring that all information supplied by you is true, accurate, up-to-date and not misleading or likely to mislead or deceive and that it is not discriminatory, obscene, offensive, defamatory or otherwise illegal, unlawful or in breach of any applicable legislation, regulations, guidelines or codes of practice or the copyright, trade mark or other intellectual property rights of any person in any jurisdiction. You are also responsible for ensuring that all information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being.

TMS employs other companies and individuals (“agents”) to perform services on behalf of TMS, such as administering sweepstakes and contests, sending emails, providing marketing assistance, web site management and analyzing data. Such agents will have access to personal and non-personal information only as necessary to perform their services for us and are not permitted to use it for any other purpose.

TMS may also work with other companies (“partners”) to provide co-branded services or promotions. To provide a co-branded service to you. It may be necessary for us to share your personal information with our partners. The partner will only be able to use the information as necessary to perform the requested service or in aggregate form for statistical reporting.

Remember, if you go to other web sites, including those of our partners, advertisers, merchants and other site that link to our site, those other sites may collect personal and non-personal information about you. The information practices of those other sites are not covered by this Privacy Policy. We have no liability or responsibility for those sites or their own policies.

Disclosure of personal information for legal purposes and protection of TMS and others: TMS reserves the right to share your personal information with third parties if we believe such action is necessary in order to:

(a) conform with the requirements of the law or to comply with legal process served upon us; (b) protect or defend our legal rights or property, TMS or our users; (c ) investigate, prevent or take actions regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or violations of the terms and conditions of using the TMS website.

YOUR CHOICES AND OPTING OUT

TMS will contact you only if you elect to be contacted.

If you choose to receive email messages, TMS may periodically send you email messages describing updates, new features or promotional offers related to this web site. You can choose to stop receiving this email at any time. Simply follow the instructions included in your email or send a reply stating your request.

If you don not explicitly choose to receive informational emails, the only email messages you will receive form TMS will be in response to email inquiries that you send us.

At any time, you can “opt-out” of receiving direct mail and marketing material from TMS, such as product and service updates, by following the instructions included in your email or by sending a reply stating your request, and we will make the requested changes.

HOW TO ACCESS AND CORRECT YOUR PERSONAL INFORMATION?

Without prejudice to the above, the aggregate liability by TMS to any user for all claims arising from their use of the TMS’ services and the Web Site shall be limited to the amount of the existing package fee subscribed to and paid for by the user (if any) and operative at that time. IN NO EVENT SHALL MobiTMS HK Ltd., OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TMS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY

You may, in most circumstances, have access to personal information which TMS holds about you.

To modify or delete your personal information, simply follow the instructions included in your email or on the TMS website, or send a reply stating your request, and we will make the requested changes.

CHILDREN’S PRIVACY

The TMS website is not intended for use by children. We do not knowingly collect information from children under the age of 13. If we learn that personal information on a child under 13 is collected, we will delete that information form our systems. We encourage parents and guardians to be familiar with the web sites that their children visit.

KEEPING YOUR INFORMATION SECURE

The security of your personal information is very important to us, and we are committed to protecting the information that we collect. We have security measures in place at our facilities to protect against the loss, misuse or alteration of information that TMS collected form you at our web site. We reserved the right to remove any information supplied by you from the website at our sole discretion, at any time and for any reasons without being required to give any explanation.

INFORMATION ON THIS SITE

While we make every effort to ensure that the information on this site is accurate and complete. However, some of the information is supplied to us by third parties; we are not able to check the accuracy or completeness of that information. We do not accept any liability arising from any inaccuracy or omission in any of the information on this site or any liability in respect of information on this site supplied by you, any other site user or any other person.

LINKS TO OTHER SITES

TMS Web Site may contain links to third party Web Sites. These said links are there for your convenience and in no way made as an endorsement by TMS to the contents on such third-party Web Sites.

If any user accesses any linked third party Web Sites, they do so entirely at their own risk. TMS is not responsible for the content of any third-party Web Sites linked to its Web Sites and does not make any representations or warranties regarding the contents or accuracy of materials on such third-party Web Sites. Furthermore, any material or details posted in the Web Site by any user may be viewed by users of other web sites linked to the Web Site and TMS will not be responsible for any improper use by any user or third-party from linked third party web sites of any data or materials posted on the Web Sites.

INFORMATION SUBMITTED BY YOU

We will use information supplied by you (including, without limitation, sensitive personal data) to aid the process and associated administrative functions. We may collect and aggregate data from the information supplied by you to help us to understand our users as a group so that we can provide you with a better service. We may also share aggregate information with selected third parties, without disclosing individual names or identifying information. You consent to us using information provided by you (including without limitation, sensitive personal data) in each of these ways.

We will process any data, which you provide in completing the online registration or application forms and any further forms, assessments or personal details, which you complete or provide to us when using the site. We explain more about your personal data in our Privacy Policy.

The graphics, images articles, content and HTML on all the TMS Web Site are the intellectual property of MobiTMS HK Ltd., as the creator and developer of the said sites and are protected by copyright and trademark laws and may not be downloaded or otherwise duplicated without the express written permission of TMS. Re-use of any of the foregoing is strictly prohibited and TMS reserves all the rights.

SECURITY AND PASSWORDS

In order to register with this site and to sign in when you visit the site, you will need to use a user name and password. You are solely responsible for the security and proper use of your password, which should be kept confidential at all times and not disclosed to any other person. You must notify us immediately if you believe that someone else knows your password or if it may be used in an authorized way. We accept no liability for any unauthorized or improper use of disclosure of any password.

TERMINATION

We may terminate your registration and/or deny your access to the site or any part of it (including any services, goods or information available on or through the site) at any time in our absolute discretion.

CHANGES TO TERMS AND CONDITIONS AND INVALIDITY

These website terms and conditions may be changed by us at any time. You will be deemed to accept the terms and conditions (as amended) when you next use this site following any amendment. If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.