TERMS AND CONDITIONS FOR PROVISION OF SERVICES BY LSR SERVICES LTD
1. All Product(s) (meaning without limitation any information or advice supplied to a Customer, whether in writing or orally and by whatever means delivered to the Customer and whether produced by specific commission or drawn by the Customer from an existing electronic or other database or library managed or owned by LSR) supplied by LSR Services Ltd (“LSR”) to any buyer (“Customer”) will be provided subject to these terms and conditions.
2. Sale of Product
2.1 LSR shall sell and the Customer shall purchase the Product in accordance with any written or online quotation of LSR which is accepted by the Customer, or any written or oral order of the Customer which is accepted by LSR subject in either case to these Conditions, which shall govern the parties agreement to the exclusion of any other terms and conditions.
2.2 To the fullest extent permitted by law, these conditions shall prevail over any inconsistent terms or conditions contained, or referred to, in the customers purchase order, confirmation of order, acceptance of a quotation or specification, or implied by law, trade custom, practice or course of dealing, and all implied terms, conditions and warranties (including without limitation any obligations by LSR under the Electronic Commerce (EC Directive) Regulations 2002 to the extent they can be excluded where the customer is not a consumer) are hereby excluded to the fullest extent permitted by law.
2.3 No variation of these conditions shall be binding unless agreed in writing between the authorized representatives of the Customer and LSR.
3. Product Orders
3.1 It is the Customer’s responsibility to provide in writing full and accurate information as to the identity, address, and other contact details of any subject that LSR may be instructed by that Customer to research from time to time. If due to the Customer providing insufficient or inaccurate initial data (or verbal information not supported in writing) LSR provides information on the wrong company or cannot identify the company, LSR reserves the right to charge the Customer for the cost incurred by LSR in the procuring of the information.
3.2 Any order from a Customer that is accepted by LSR for any Product will be deemed an irrevocable contract and may be not cancelled except with the written agreement of LSR (such agreement will not unreasonably be withheld). If LSR has already begun work on any project that it agrees to cancel, a charge may be made for work undertaken up to the point of cancellation.
3.3 LSR reserves the right at its absolute discretion, and under no obligation to disclose its reasons, to refuse to accept an order from any customer, to refuse delivery of a Product to a customer, and/or to refuse that customer access to the LSR website.
3.4 LSR is prepared to create products specifically for use in legal proceedings, but only where such use is made a clear part of the original instruction to LSR.
3.5 LSR makes no representation warranty or undertaking that any of the services supplied will be suitable for the customer’s purposes or (LSR having endeavoured to do so) possible to provide or deliver in any particular circumstance. If for any reason LSR cannot supply any services which are the subject of a binding contract LSR’s liability shall be limited to the refund to the customer of any sums paid to LSR by the customer for those services.
4.1 It is a key condition of service that Customers will keep entirely confidential and private the contents of any Product received from LSR (except where legally obliged to disclose). Customers shall not divulge the existence or contents of such Product to any third party. Further, Customers of LSR will fully indemnify LSR against any loss or damage that LSR may suffer as either the direct or indirect result of the disclosure by the Customer of the content or existence of any Product provided confidentially to them. This applies whether the Product is disclosed in whole, in part or by reference only to any other party by the Customer or its employees or agents, in contravention of these terms and conditions.
4.2 The customer will not knowingly ask for products on behalf of others.
4.3 The customer will not reveal LSR as the source of the information contained in the product to any third party except where LSR expressly agrees this in writing.
5. Intellectual Property
5.1 All intellectual property rights including without limitation copyright and database rights in and to the Product are owned by and remain controlled by LSR and the Customer expressly agrees that it shall not reproduce the Product in any manner, either in whole or in part (except where strictly necessary for the Customer’s internal purposes) without the prior consent in writing of LSR.
6.1 Charges for any LSR Product or service will be either the listed price (in US dollars) for any Product prevailing at the time the order is placed by the Customer and accepted by LSR, or the price for the Product or service quoted by LSR and accepted in writing by the Customer (e.g. Consultancy or Investigation projects).
6.2 All Product charges are net of Value Added Tax or equivalent, withholding tax or equivalent, bank or other transaction charges and exchange or transfer charges.
7. Payment Terms
7.1 Subject to any special terms agreed in writing between the customer and LSR, LSR shall be entitled to invoice the customer for the price of the service on delivery or at any other time. LSR is also entitled to request and to take payment by credit, charge or debit card, funds transfer or other payment mechanism prior to, and as a condition of, the delivery of services to the customer.
7.2 All fees and costs invoiced by LSR are to be paid within 30 calendar days of the date of issue of the invoice unless services are provided on a payment in advance tariff. Time for payment shall be of the essence.
7.3 In the event of failure to pay within these terms, LSR reserves the right, without prejudice to any other right or remedy available, to either cancel the contract or charge the Customer interest on any amount unpaid at the compounded rate of 1% per calendar month until the invoice is settled in full inclusive of any costs and/or disbursements incurred by LSR.
7.4 Payment may be made in United States Dollars (US$).
8. Delivery and Delay
8.1 LSR undertakes to deliver Products within pre-agreed delivery timescales however there may be occasions where delivery of a Product may be delayed. In all such cases LSR undertakes to inform the Customer at the earliest opportunity. If any Product is delivered more than three days after due date, without the Customer being informed in advance, LSR may waive all or some of its charge for that Product.
8.2 LSR shall not be liable to the Customer for any failure to deliver or delay in delivery caused by events beyond LSR’s control.
9. Warranties and Liability
9.1 Subject to clause 9.5, LSR shall not be liable to the customer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or under any theory or doctrine of liability for (i) any special, indirect,consequential or economic loss or damage , or (ii) for loss of profit, loss of goodwill, loss of revenue, loss of reputation, or loss of data (whether such losses are direct or indirect) (and whether caused by the negligence of LSR, its employees or agents or otherwise) which arise out of or in connection with the performance or contemplated performance of this contract.
9.2 LSR’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the contract arising in respect of any one event or series of events to the customer or any third party shall not exceed US$ 10,000 or the contract price for the services delivered and actually paid, whichever is the greater, subject to clause 9.5.
9.3 LSR shall not be liable to the customer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of LSR’s obligations in relation to the services, if the delay or failure was due to any cause beyond LSR’s reasonable control.
9.4 Whilst LSR will use its reasonable commercial endeavours to ensure the services are free from errors and omissions no warranty, representation or undertaking is given in respect of the same. LSR disclaims all liability and responsibility arising from any reliance placed on such services or by anyone who may be informed of any of their content.
9.5 LSR does not exclude or limit its liability for death or personal injury caused by its negligence, for its willful default or in respect of fraud.
9.6 All warranties, terms, conditions or other provisions, which may be implied by law into these conditions, are hereby excluded to the fullest extent permitted by law.
9.7 LSR Products and services are intended for use as part of a package of research and assessment data to be amassed by the customer. They are not designed to be relied upon as a sole basis for decision making.
10. Customer’s Indemnity
10.1 Without limitation to any other provision of these terms, the Customer agrees and acknowledges that it shall fully indemnify LSR in the event that it suffers any loss or damage as a result of the Customer’s breach of these terms and conditions.
11. Risk and Property
Notwithstanding delivery and the passing of risk in the services, or any other provision of these conditions, and to the extent applicable, the property in the services shall not pass to the customer until LSR has received in cash or cleared funds payment in full of the price of the service and all other services agreed to be sold by LSR to the customer for which payment is then due.
If any provision (or part of a provision) of the contract is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.
13. No Partnership or Agency
Nothing in this contract is intended to, or shall operate to, create a partnership between the parties, or to authorize either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power)
14.1 Waiver. No delay in exercising any right or remedy shall operate as a waiver of such right or remedy. Rights and remedies stated herein are cumulative and shall not operate to exclude any other legal right or remedy.
14.2 Transfer. LSR reserves the right to transfer, assign, sub-license or otherwise divest itself of all or part of its rights obligations or responsibilities set out herein. The customer shall not, without the prior written consent of LSR, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the contract.
14.3 Notice. All notices provided under these terms are to be made in writing to the registered address of LSR either by post, fax or e-mail.
14.4 Jurisdiction. All transactions between LSR and its Customers under this Agreement will be governed by Hong Kong law. In the first instance, any dispute between LSR and any customer that is not resolvable through mutual negotiation may be put before a mutually acceptable Arbitrator appointed for the purposes. In this case, the Arbitrator’s decision will be final and the costs shared equally between LSR and the other party. Failing this, any dispute arising under this Agreement shall be referred to the exclusive jurisdiction of the Hong Kong courts.
Effective date: May 18, 2018
LSR Services Limited (“us”, “we”, or “our”) operates the www.lsrservices.com website (the “Service”).
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
Service is the www.lsrservices.com website operated by LSR Services Limited
- Personal Data
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
- Usage Data
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies are small pieces of data stored on your device (computer or mobile device).
- Data Controller
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
- Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
- Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection And Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by contacting us.
We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & amp; Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
Use of Data
LSR Services Limited uses the collected data for various purposes:
- To provide and maintain our Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer support
- To gather analysis or valuable information so that we can improve our Service
- To monitor the usage of our Service
- To detect, prevent and address technical issues
- To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
LSR Services Limited may process your Personal Data because:
- We need to perform a contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it’s not overridden by your rights
- To comply with the law
Retention of Data
LSR Services Limited will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer Of Data
Your information, including Personal Data, may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside Hong Kong and choose to provide information to us, please note that we transfer the data, including Personal Data, to Hong Kong and process it there.
Disclosure Of Data
Disclosure for Law Enforcement
Under certain circumstances, LSR Services Limited may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
LSR Services Limited may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of LSR Services Limited
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
“Do Not Track” Signals
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. LSR Services Limited aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
- The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
- The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
- The right to object. You have the right to object to our processing of your Personal Data.
- The right of restriction. You have the right to request that we restrict the processing of your personal information.
- The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
- The right to withdraw consent. You also have the right to withdraw your consent at any time where LSR Services Limited relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
- Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: <http://www.google.com/intl/en/policies/privacy/>
Links To Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
- By email: email@example.com