Terms & Conditions

The InspectLink QC Inspection Tool (the “Comlink”) is a mobile application (the “App”) which is developed and provided by the Key Links Data Technology Company Limited; and you are accessing the Comlink.hk webSite, App operated by Key Links Data Technology Company Limited (the “Site”). Key Links Data Technology Company Limited is referred to herein as “Key Links”, “we” or “us.” By executing the App and visiting the Site, App and accessing the executable codes, information, content, documentation, source code, content, sample code, tools, API, or other materials made available by Key Links in, on, or through the Site, App and App (the “Materials”), you agree to comply with and be bound by these Site, App Terms of Use and any documents referenced herein (the “Terms”). For the avoidance of doubt, these Terms supplement and do not modify or replace any other agreements entered into between you and Key Links, including, but not limited to, Subscription Services Agreement, Solution Provider Agreement, Trial Account Agreement, Systems Integrator Agreement, Referral Partner Agreement, Reseller Agreement, Main Terms of Service located at www.Comlink.hk, or other similar agreements (the “Main Agreement”).

YOU MAY NOT ACCESS, OR ATTEMPT TO ACCESS, THE PORTIONS OF THE SITE, APP AND THE APP THAT REQUIRE A PASSWORD FOR ACCESS OTHER THAN AS AN AUTHORIZED USER PURSUANT TO THE MAIN AGREEMENT. IF YOU ARE AN AUTHORIZED USER, YOU MAY NOT ACCESS THE SITE, APP AND THE APP, AND EXCEED THE SCOPE OF YOUR PERMITTED USE UNDER THE MAIN AGREEMENT.

Please review these Terms carefully. If you do not agree to these Terms, you have no right to access or use the Materials, or otherwise use the Site, App and the App. Failure to use the Site, App or Materials in accordance with these Terms may subject you to civil and criminal actions and penalties under applicable law. Except with respect to the Main Agreement, these Terms constitute the entire and only agreement between Key Links and you, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Materials, Site, and App. These Terms may be amended by Key Links at any time without notice to you. Your continued use of the Site, App and App indicates your acknowledgement of, and consent to, updated Terms.

Requirements and Restrictions:
1. When accessing the Site, App and Materials, you represent that you are of sufficient age to form legally binding contracts. The Site, App and Materials are not designed to solicit or collect information of any kind from persons under the age of 16, and we do not knowingly collect any information from persons under the age of 16.
2. Key Links reserves the right to discontinue or modify the Site, App or Materials, temporarily or permanently, at anytime without notice.
3. You agree to provide accurate information when interacting with the Site, App or Materials. Failure to provide accurate contact information may result in you not receiving access to the Site, App or Materials. In addition to other remedies available to Key Links, if you provide fraudulent, misrepresented, or otherwise untruthful information, we may terminate your access and prevent you from using the Site, App or Materials in the future.
4. You agree to comply with all applicable federal, state, or local laws, ordinances, regulations, rules, decisions, orders, or requirements in connection with your use of the Site, App and Materials.
5. You may not use the Site, App or Materials in any manner that negatively impacts Key Links or its authorized users.

Privacy.
By accessing the Site, App, or reviewing the Materials, you represent that you have read and agree to the terms of the Comlink.hk WebSite Privacy Policy for which a link is provided at the bottom of this page. By agreeing to these Terms you consent to Comlink’s collection, use, storage, and disclosure of information associated with your use of the Site, App and Materials in accordance with the Privacy Policy.

Ownership.
Subject to the limited rights expressly granted herein, Key Links reserves all rights, title, and interest in and to the Site, App and Materials, including all related intellectual property rights.

Limited Rights; Restrictions.
Your right to use the Materials is set forth your Main Agreement, as may be supplemented and modified by these Terms. The Site, App and Materials may not be used for any benchmarking or other competitive purposes. Copying, redistribution, use, display, or publication by you of any part of the Site, App or Materials is strictly prohibited. You may not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor the Site, App or Materials. Except in connection with permitted activity pursuant to a Key Links partner program, you may not link to the Site nor App without Key Links’ prior written consent.
You may not:
(i) access or use the Site or App in any manner that could damage, disable, overburden, or impair any InspectLink accounts, computer systems, or networks;
(ii) attempt to gain unauthorized access to any parts of the Site, App or any accounts, computer systems, or networks; or
(iii) interfere or attempt to interfere with the proper working of the Site, App, Materials, or any accounts, computer systems, or networks.
(iv) resell or lease the Materials or service provided by the App or Comlink.hk website.

This Site, App is not a part of the “Comlink Added Value Service” and does not grant to you the right to access or use an account of InspectLink Added Value Service. If you require a development account of the InspectLink Added Value Service, please contact support of Comlink. Upon any termination of your Main Agreement, you must cease access of the Site and the App, and destroy all full and partial copies of the Materials immediately and, if requested by Key Links, certify in writing that the Materials were destroyed.

If use of any aspect of the Site and the App requires you to register for an account, you must complete the registration process by providing us with current, complete, and accurate information as required by the applicable registration form. Access to and use of password protected or secure areas of the Site and the App are restricted to authorized users only. You agree not to share your passwords, account information, or access to the Site and the App with any other person. You are responsible for maintaining the confidentiality of passwords and account information, and you are responsible for all activities that occur through the use of your passwords or accounts, or as a result of your access to the Site. You agree to notify Key Links immediately of any use of your passwords or accounts that you did not authorize or that is not authorized by these Terms or the Main Agreement.

If you suspect that the Site, App or Materials include a security vulnerability, you agree to report such suspected vulnerability to [email protected]

Trademark Information.
You are expressly prohibited from using Key Links and Comlink’s trademarks, service marks, name, and logos without Key Links’ prior written consent in each instance. Without limiting the foregoing, you acknowledge and agree that you may not use the name “Comlink.hk” or “Comlink” or any other Key Links’ intellectual property to endorse or promote products derived from the Materials without express and specific prior written permission of Key Links.

Copyright Infringement.
If you believe that your work has been copied in a way that constitutes copyright infringement on the Site, the App or through the Materials, please provide Comlink’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Key Links that your copyrighted material has been infringed.
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on the Site or the App;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Comlink’s Copyright Agent for notice of claims of copyright infringement on the Site or the App can be contacted as follows:

Attn: General Counsel
Key Links Data Technology Company Limited
Workshop No. B2, 2/F, Block B,
Tonic Industrial Centre, 19 Lam Hing Street,
Kowloon Bay, Hong Kong
e-mail: [email protected]

Editing, Deleting and Modification.
Key Links reserves the right to change, edit, or delete any documents, information, or Materials appearing on the Site and the App.

Indemnification.
You agree to indemnify, defend and hold Key Links and its respective directors, officers, shareholders, employees, agents, attorneys, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim or expense, including reasonable attorneys' fees, related to your use of the Site, App or Materials, or any violation of these Terms.

Assignment.
Key Links may assign these Terms to an entity in connection with a merger, acquisition, asset transfer, or corporate reorganization.

WARRANTY DISCLAIMER.
THE SITE, APP AND THE MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KEY LINKS AND ITS AFFILIATED PARTIES DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. KEY LINKS DOES NOT WARRANT THAT THE SITE, APP OR MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE, CORRECT, ACCURATE, OR RELIABLE, THAT DEFECTS WILL BE CORRECTED, THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

LIMITATION OF LIABILITY.
IN NO EVENT WILL KEY LINKS OR AFFILIATED PARTIES BE LIABLE FOR ANY LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF BUSINESS, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES ARISING HEREFROM OR RELATED HERETO IN ANY CAUSES OF ACTION OF ANY KIND, EVEN IF KEY LINKS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. COMLINK’S AGGREGATE LIABILITY TO YOU FOR EVERY REASON UNDER THESE TERMS WILL BE LIMITED TO US$50.00. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM HKSAR / CHINA FROM OR THROUGH THE SITE, APP OR MATERIALS WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.

Links to Other Websites; Third Party Materials.
The Site, App and Materials may now, or hereafter, contain links to third-party websites or content provided third parties, including User Submissions, as defined below (collectively, “Third Party Materials”). Key Links does not control, investigate, monitor, or check such Third Party Materials. Key Links is not responsible for the Third Party Materials or opinions expressed therein. The inclusion of Third Party Materials on the Site and the App does not imply approval or endorsement of such Third Party Materials by Key Links. The Third Party Materials may be subject to the terms of third party license agreements that may be made available to you when you view or download the applicable Third Party Materials.

User Submissions.
Certain areas of the Site and the App (such as forums, customer ratings, or review areas) may permit you to submit feedback, comments, information, ideas, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“User Submissions”). All User Submissions that you submit will be considered non-confidential.
By submitting such User Submissions to us:
(i) you represent and warrant that Key Links’ use of your User Submissions does not and will not breach any agreement, violate any law, or infringe any third party's rights and that such User Submissions are accurate and true;
(ii) you represent and warrant that you have all rights to enter into these Terms and provide User Submissions;
(iii) you understand and agree that Key Links is free to use in any manner all or part of the User Submissions on an unrestricted basis without the obligation to notify, identify, or compensate you or anyone else; and
(iv) you grant Key Links all necessary rights, including a waiver of all privacy and moral rights, to use and display all User Submissions, in whole or in part, or as a derivative work, without any duty by Key Links to anyone whatsoever.

You acknowledge that you are responsible for and bear all risk as to the use or distribution of User Submissions. In addition, in the event that you provide User Submissions to Key Links for publication as a Key Links “Customer Success” story, Key Links may, in its sole discretion, accept, reject, and edit such content. Any such editing will be in good faith, and Key Links will endeavor not to misrepresent your testimonials.

If you provide User Submissions to Key Links for publication as a product or service review on Comlink.hk or other review area on the Site or the App, Key Links may
(i) edit such User Submissions for style or length and
(ii) to the extent the review is negative, as determined by Key Links in its reasonable opinion, provide such User Submission to the developer or distributor of such Comlink.hk or other product or service for consideration or response and enable such developer or distributor to contact you directly to discuss your User Submissions, and you expressly authorize Key Links to share your contact information with such developer or distributor for such purpose.

Key Links is not obligated to provide you with any feedback or response related to a User Submission or to post or publish User Submissions. If Key Links provides you with feedback of any kind, Key Links retains all right, title, and interest in and to such information, and you may use such information for your non-commercial internal business purposes only. If you are viewing User Submissions in the form of a product or service review on Comlink.hk or other review area on the Site and the App, be advised that Key Links may not post or publish all User Submissions related to such product or service, and that Key Links may modify the original User Submissions as permitted in these Terms.

You are expressly prohibited from collecting information about other users of the Site, App, Materials, or Service for the purpose of sending, or to facilitate the sending of, unsolicited bulk communication, advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other solicitation to other users of the Site and the App. Key Links retains the right to remove or correct any posting that violates these Terms or Comlink’s policies, at its sole discretion, without prior notice. Certain User Submissions may be subject to additional terms and requirements.

Export Compliance.
The Materials and derivatives thereof may be subject to export and import laws and regulations of the Hong Kong SAR and other jurisdictions. You represent that you are not named on any Hong Kong SAR government denied-party list. You will not permit any access or use any Materials in or from a Hong Kong SAR or China embargoed country or in violation of any export or import law or regulation of any jurisdiction.

Miscellaneous.
Any cause of action by you with respect to the Site, App or Materials must be instituted within three months after the cause of action arose or be forever waived and barred. All actions will be subject to the limitations set forth under "Warranty Disclaimer" and “Limitation of Liability” above. The language in these Terms will be interpreted as to its fair meaning and not strictly for or against you or us. Should any part of these Terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that anything in or associated with the Site, App or Materials is in conflict or inconsistent with these Terms, these Terms will take precedence. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision.

Dispute Resolution.
These Terms will be governed by the laws of the Hong Kong SAR, excluding conflicts of laws principles. In the event of a dispute, Key Links encourages you first to contact Key Links to resolve your problem directly with us. You may contact Key Links regarding any complaints or disputes at [email protected].
If for any reason a claim proceeds in court rather than in arbitration, you and Key Links each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action. The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution in these Terms.
Except as explicitly provided in these Terms, all claims you bring against Key Links must be resolved in accordance with this Dispute Resolution section. Any claim filed or brought contrary to this Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to this section, Key Links may recover from you attorneys' fees and costs up to $1500 per claim, provided that Key Links first has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.

Version: June 24, 2017

Key Links Privacy Statement

Effective Date: June16, 2017

In this Privacy Statement (“Statement”), Key Links and its worldwide subsidiaries (collectively, the “Key Links Group”), explains how we collect, use, maintain, disclose, and transfer personal information, and the choices you have in relation to our processing of your personal information when you access InspectLink websites. We are committed to protecting your privacy in accordance with this Statement.

References in this Statement to “we,” “us” or “our” are references to the Key Links Group entity that is operating the relevant Website, or providing the applicable Services. Statements referring to “you” or “your” are references to the company or individual we are collecting personal information about. Our use of the term Services in this Statement has the same definition as in customer’s applicable Services agreement with us, or the applicable Key Links Group service (“Services”).

If you have any questions regarding this Statement, please email us at [email protected] or see the “How to Contact Us” section below.

SCOPE

This Statement applies to the following:
1. Personal information we collect through all websites operated by the Key Links Group (“Website(s)”). You can determine which Key Links Group entity has responsibility for operating a particular Website by looking in the Contact Us section of the relevant Website.
2. Personal information we collect about you in the course of doing business with you, such as when you engage with us as a customer, potential customer, vendor, service provider, professional advisor, consultant or other third party in relation to the provision of our Services, and the operation of our business generally. This includes sales, marketing, business contact or registration activities conducted by the Key Links Group, but does not include any personal information you or your end-users input or upload into the Services. You can determine which Key Links Group entity has responsibility for processing your Business Data by referring to your relevant Services agreement with us.(collectively “Business Data”).

SCOPE EXCLUSION

For personal information our customers and their end-users input or upload into the Services (“Customer Data”), as a data processor, we will process all Customer Data strictly on behalf of our customers in accordance with our contractual agreements with them and/or as required or permitted by law. For purposes of clarity, this Statement does not apply to Customer Data.

TYPES OF DATA AND COLLECTION METHODS

Information you provide to us through the Websites: Through your use of the Websites, you may choose to provide us with certain personal information. For example, when you request information, a free product tour, schedule a consultation, use our chat function, subscribe to a mailing list, subscribe to Services, respond to an online survey or otherwise contact us, we usually collect personal information such as your name, e-mail address(es), company address(es), telephone numbers and any other information you choose to provide.

You can opt out of providing information by not entering it when asked. If information is required in order to allow us to respond to your inquiry, you will receive a notice advising you of this. If you do not provide us with some or all of the requested information we may not be able to provide the requested information or Services to you.

Information we collect automatically through the Websites: The Websites also collect certain information by automated means. For example, when you visit a Website, we may track certain information about your computer and Internet connection, such as the IP address of your computer and/or Internet service provider, the date and time you access the site, the Internet address of websites from which you link to our Websites, the computer technology you are using and your movements and preferences on our site.

We use technology that many other websites employ, including, without limitation, “cookies” or small data files stored on your equipment’s hard drive, to collect such information. There are persistent cookies and session cookies. In some instances, we use cookies to collect information in connection with future visits from that Website, to recognize you as a previous visitor, or to track your activity on our Websites. If you follow a link to the Website from an affiliate or promotion, we store information about your arrival from that affiliate or promotion in a session cookie. A persistent cookie consists of a text file sent by a web server to web browser, which will be stored by the browser and will remain valid until its set expiry date.

We may use third-party advertising companies to serve ads for our Services when you access and use other websites, based on the information relating to your access to and use of our Websites, as well as information received from third parties. To do so, these companies may place or recognize a unique cookie on your browser.We also may collect information related to your company, approximate geographic location, or other demographic information that does not personally identify you.

To the extent permitted by applicable law, we reserve the right to combine other information as defined above with personal information that you submit.

Information customers and potential customers provide to us: You may choose to provide personal information when engaging in or conducting business with us. The types of information we may collect include names, email addresses, postal addresses, contact details, job titles, transactional information, financial/billing information, account information, correspondence and any other information you may choose to provide.You may also choose to provide personal information, such as contact details and job titles, when you attend sales and marketing events, product demos, take part in surveys, or through other sales and marketing interactions we may have with you.

Other information we collect in the course of operating our business: We also collect information from our vendors, suppliers, service providers, agents, consultants, business partners, professional advisors and other third parties for the purposes of managing and operating our business. For example, we will collect business contact information, financial information and other information necessary to engage third parties and to evaluate their performance.

Information we collect automatically through the Services: Our systems may also collect certain information automatically when you use the Services, for example, usage information (such as user activity, configuration of the device, performance metrics data) and log information (such as IP addresses, ISP, browser type, security information, errors and crashes).

COLLECTION PURPOSES, USE OF BUSINESS DATA

We will use your personal information for a range of different purposes, including:
1. To respond to your specific inquiry or request and to provide you with information and access to resources that you have requested from us;
2. To administer, protect, operate and maintain the Websites and our systems;
3. To improve the navigation and content of our Websites, system administration and security;
4. To compile aggregated statistics about the site usage and to better understand the preferences of our site visitors;
5. To help personalize your experience on our Websites (for example, we may use IP addresses to approximate your general location such as city and state for purposes such as to provide information on local promotions and events);
6. To help deliver our Services to our customers and to provide customer service and support;
7. To process and complete business transactions and send related information, including transaction confirmations and inspection reports;
8. To send information to our customers about their account, technical alerts or updates, and other administrative or service-related communications;
9. To carry out research and development to improve our Services; and
10. To carry out other legitimate business purposes, as well as other lawful purposes about which we will notify our users and customers.

We maintain reasonable procedures to help ensure that personal information we collect and use is reliable for its intended use, accurate, complete, and current.Additionally, we may collect personal information for marketing purposes such as contacting you to further discuss your interest in our company, the Services we provide and ways we can improve them and to provide information on Services, promotions, and events. You can opt out of receiving marketing emails.

DATA TRANSFERS TO THIRD PARTIES

We do not sell your personal information to any third parties; however, we may share your personal information with third parties as follows:
1. Within the Key Links Group consistent with this Statement;
2. Trusted agents, consultants and service providers to perform business related functions such as service providers that help support the Services; and
3. Business partners, such as system integrators, distributors, and referral partners that are involved in providing Services. For example, if you indicate an interest in a Service, we may share personal information such as your contact information with our business partners.

OTHER DISCLOSURES

Under certain circumstances, we may be required to disclose your personal information in response to valid requests by public authorities, including to meet national security or law enforcement requirements.

We may disclose your personal information if required to do so by law in order to (for example) respond to a subpoena or request from law enforcement, a court or a government agency, or in the good faith belief that such action is necessary:
a. to comply with a legal obligation,
b. to protect or defend our rights, interests or property or that of third parties,
c. to prevent or investigate possible wrongdoing in connection with the site or our Services,
d. to act in urgent circumstances to protect the personal safety of users of the site, our Services or the public; or
e. to protect against legal liability.

DISCLOSURE FOR PROSPECTIVE SALE, MERGER, ACQUISITION OR REORGANIZATION

We may share or transfer your information in connection with a prospective or actual sale, merger, transfer or other reorganization of all or parts of our business. Also, we reserve the right to fully use and share any information that is not in personally identifiable form.

YOUR CHOICES

If we intend to use your information for a purpose that is materially different from the purposes identified above or if we intend to disclose it to a third party (a non-agent) not previously identified, we will notify you and offer you the opportunity to opt out of such uses and/or disclosures where it involves non-sensitive information or opt-in where sensitive information is involved.You may choose to change your marketing choices at any time by contacting us at: [email protected], or by contacting us as described in the “How to Contact Us” section below.To opt out of receiving marketing related communications from us, please contact us at [email protected], or by contacting us as described in the “How to Contact Us” section below. Please note that if you do opt-out of receiving marketing- related emails from us, we may still send you important administrative messages, and you cannot opt-out from receiving account-related or other administrative messages.

THIRD-PARTY SITES

This Statement does not apply to, nor are we responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the site links. The inclusion of a link on the site does not imply our endorsement of the linked site or service.

SECURITY

We maintain reasonable and appropriate security measures to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction.

CROSS-BORDER TRANSFERS

Your personal information may be stored and processed in any country where we have facilities or in which we engage service providers. You acknowledge that your personal information may be transferred to countries outside of your country of residence, including the People Republic of China and Hong Kong SAR, which may have different data protection rules than those of your country.

RETENTION PERIOD

We will retain your personal information for the period necessary to fulfill the purposes outlined in this Statement unless a longer retention period is required or permitted by law, for legal, tax or regulatory reasons, or other legitimate and lawful business purposes.

GENERAL DATA REQUESTS

If personal information you have submitted to us is no longer accurate, current, or complete, and you wish to update it, please send an e-mail to: [email protected], or by contacting us as described in the “How to Contact Us” section below. Upon appropriate request we will update or amend your information, but we reserve the right to use information obtained previously to verify your identity or take other actions that we believe are appropriate.

HOW TO CONTACT US

If you have any questions regarding this Statement or if you need to request access to or update, change or remove personal information that we control, you can do so by contacting:

Attn: Privacy Officer
Key Links Data Technology Company Limited
Workshop No. B2, 2/F, Block B,
Tonic Industrial Centre, 19 Lam Hing Street,
Kowloon Bay, Hong Kong
e-mail: [email protected]

AMENDMENTS

We reserve the right to change, modify, add or remove portions of this Statement from time to time and in our sole discretion, but will alert you that changes have been made by indicating on this Statement the date it was last updated. When you visit this site, you are accepting the current version of this Statement as posted on the site at that time. We recommend that users revisit this Statement on occasion to learn of any changes.