Terms of use
All visitors to the website (the “Website”) of the Morningside Group and the entities it manages or in which its members invest (“Morningside Group”) accessible through Morningside Group’s home page at www.morningside.com are assumed by virtue of their visitation and use of the Website to have accepted the following binding legal terms of use (“Terms”).
Each visitor’s use of the Website, and all information on the Website, (collectively, "Materials") are subject to the Terms. Unless Morningside Group informs the visitor otherwise, any new or updated Materials available on or through the Website will be subject to these Terms. By accessing the Website or using any Materials, each visitor agrees to the Terms in effect at the time of such access or use. If a visitor does not agree to be bound by all of the Terms, the visitor is not authorized to access the Website or use any Materials for any purpose.
Access; Accuracy of Information. Materials may be changed, removed or updated at any time without notice. The information on this Website is for information purposes only. It is believed to be accurate, but Morningside Group does not warrant its completeness, timeliness or accuracy. Visitors access, use and rely upon any Materials or content provided on the Website at their own risk. Any liability for defects as to quality or title of the information, especially in relation to the correctness or absence of any fact, information, opinion, in accuracy or defect, or the existence or absence of claims or third party rights, or in relation to completeness and/or fitness for purpose, are excluded. In the event that the visitor discovers an inaccuracy, please inform Morningside Group so that it can be corrected. Morningside Group may stop the operation of the Website in full or in part at any time. Due to the nature of the internet and computer systems, Morningside Group cannot accept any liability for the continuous availability of the Website. Morningside Group makes no representation or guarantee relating to Materials on the Website provided by third parties. The Website is intended solely to provide information regarding Morningside Group’s existing and historic activities and investments and does not recommend or make any representation or warranty in relation to any company or investment described herein. The information on this Website is not intended as an offer or solicitation for the purchase of any stock or other security or any financial instrument or to provide any investment service or investment advice in any jurisdiction. In any event, past performance is not a guarantee of future results and it should not be assumed that results for portfolio investments will be achieved for other investments. Morningside Group does not solicit or make its services available to the public.
Links to other websites. The Website may contain links to websites and services that are operated by persons or companies other than Morningside Group. Morningside Group is not responsible for the content of any linked website or any link contained in a linked website. Morningside Group reserves the right to terminate any link at any time. Morningside Group’s linking to a third party's website does not represent Morningside Group’s endorsement of such website, or the person(s) or company associated with such website or any products or services accessible through such website. If the visitor decides to access any such third party website, the visitor does so at the visitor’s own risk and Morningside Group encourages the visitor to review the terms of use, if any, applicable to such websites.
Trademarks and copyrights. “Morningside” and “Morningside Group” and the Morningside logo are registered or unregistered trademarks, service marks and/or logos of The Morningside Group Limited and are protected by copyright and international trademark laws and related international conventions on copyright, trademark and patent and/or legal protection to properties. Other featured words or symbols used to identify portfolio companies or their services or products may be the trademarks of their respective owners. Subject to the foregoing, the contents of this Website including but not limited to the text, photographs, sound, videos, diagrams, logos, icons, advertisements, trademarks, trade names, domain names, graphic design, lists and names of sections, categorization and information provided to registered users are copyright © 2007 Morningside Group (Holdings) Limited.-All rights reserved. Unauthorized copying, use or distribution is prohibited. The visitor shall observe all applicable laws and in particular shall not remove any alphanumeric code, marks or copyright notices from the Website. Except as provided in these Terms, information, links, logos, and other contents of the Website may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any way without the prior written permission of Morningside Group. Except for the rights of use and other rights expressly granted herein, no other rights shall be granted to the visitor nor shall any duty be implied to grant rights to, such as, but not limited to, company names or intellectual property rights such as patents, brands or utility models.
Legal entities disclosure. Morningside Group is the marketing name for various entities established or invested in by the Chan family of Hong Kong and their respective licensees, affiliates and consultants.
Visitation responsibilities. While using the Website visitors shall not (i) harm other persons, in particular minors, or infringe their personal rights; (ii) breach public morality in their manner of use; (iii) violate any intellectual property right or any other proprietary right; (iv) upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data; (v) transmit, store, or upload hyperlinks or contents to which the visitor is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or illegal; or (vi) distribute advertising or unsolicited e-mails (so-called “spam”) or incorrect warnings of viruses, defects or similar material and the visitor shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar action.
Morningside Group may deny access to the Website at any time, in particular if the visitor breaches any obligation arising from these Terms.
Visitor materials and feedback. If the visitor transmits or sends any ideas, comments, suggestions, materials, proposals or information ("Visitor Material") to Morningside Group, via the Website or other means, Morningside Group will consider such Visitor Material to be non-confidential and non-proprietary and Morningside Group will have no obligations with respect to any Visitor Material. Morningside Group is free to use, without compensation of any kind, any Visitor Materials in any manner and for any purpose whatsoever and by virtue of such transmission the visitor thereby waives all his rights attached thereto. Providers of business proposals and other feedback information submitted through the Website are responsible for the authenticity and legality of such information and for compensation for damages caused to the Morningside Group due to any false or illegal information submitted. All Visitor Materials submitted are limited to 2M in size and are to be sent to the relevant address by email as an attachment.
Internet Privacy Policy Statement. Morningside Group may pass the proposals sent by visitors together with visitors’ personal contact information to other Morningside Group members and their advisors or as otherwise required by law or any regulatory body. Request for access to personal data or correction of personal data or for information regarding policies and practices on personal data and kinds of personal data held should be addressed to:
Data Protection Officer
Morningside Group (Holdings) Limited
22nd Floor, Hang Lung Centre,
2-20 Paterson Street,
Causeway Bay,
Hong Kong.
No warranty; Limitation of liability. THE WEBSITE AND MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. MORNINGSIDE GROUP DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND THE MATERIALS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER THIRD PARTY RIGHTS, FITNESS FOR ANY PARTICULAR PURPOSE, OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. MORNINGSIDE GROUP DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION OR MATERIALS CONTAINED ON OR ACCESSIBLE THROUGH THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. IN NO EVENT SHALL MORNINGSIDE GROUP BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, OR ANY OTHER INDIRECT OR CONSEQUENTIAL DAMAGES), WHETHER IN AN ACTION OF CONTRACT OR TORT, ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR THE WEBSITE, EVEN IF MORNINGSIDE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Morningside Group may make changes to the Materials, or to any of its products and services described therein, at any time without notice. Morningside Group makes no commitment to update any Material.
Other liability, viruses. Any further liability of Morningside Group is excluded unless required by law. Although Morningside Group makes every endeavor to keep the Website free from viruses, Morningside Group cannot make any guarantee that it is virus-free. The visitor shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation. The visitor shall use all reasonable steps to ensure security measures and utilize a virus scanner to ensure that no viruses are uploaded onto the Website.
Violation of Terms; Indemnification. The visitor agrees to indemnify, defend, and hold harmless Morningside Group from any liability, loss, claim, and expense, including attorney's fees and expenses, related to the visitor's violation of the Terms or use of the website.
Export controls. The export of certain information (e.g. due to its nature or intended purpose or destination) may be subject to authorization. The visitor shall strictly conform with applicable export regulations with respect to its use of the Materials and with respect to any Visitor Materials.
Enforceability and applicable law. In the event any of the terms or provisions of these Terms shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms shall be subject to any other agreements between a visitor and Morningside Group. Visitors’ access to and use of the Website and the terms of this disclaimer are governed by the laws of the Special Administrative Region of Hong Kong, People’s Republic of China. Any action against Morningside Group arising from or relating to a visitor’s access to and/or use of this Website and the provisions of these Terms must be brought in the ruling People’s Court in Hong Kong in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China. By visiting the Website, visitors are deemed to accept this provision regarding jurisdiction and governing law.
Changes to Terms. Morningside Group may revise these Terms at any time without notice. The visitor should visit the Website from time to time to review the current Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
Miscellaneous. These Terms, including the policies and terms referenced herein, as such may be amended by Morningside Group from time to time, set forth the entire understanding between the visitor and Morningside Group regarding the visitor’s access and use of the Website and the Materials, and supersede any and all prior or contemporaneous agreements or understandings between the visitor and Morningside Group, as to the subject matter of these Terms. If any provision of these Terms is held to be invalid or unenforceable to any extent, the remainder of these Terms shall not be affected thereby, and each of the remaining provisions shall be valid and be enforced to the fullest extent permitted by law. No waiver of these Terms will be valid, except in the event that the waiver is in writing and signed by an officer of Morningside Group.
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