Terms of Use and Definitions

360° View

360° View ("Software") is a proprietary web application created, owned, and operated by BDx (Hong Kong) Limited (and its licensors, where applicable).

Definitions

In this EULA, the following terms have the following meanings:

  • "Agreement" means this End-User License Agreement, as it may be updated or amended from time to time by BDx (Hong Kong) Limited;
  • "BDx (Hong Kong) Limited" means the legal entity offering the Software, its parent, subsidiary and affiliated companies;
  • "Customer Data" means any data, information, or material provided or submitted by you to the Software in the course of using the Software;
  • "Software" means the 360° View platform, including any updates, upgrades, or related documentation provided by BDx (Hong Kong) Limited;
  • "Third-Party Services" means any third-party products, services, or applications integrated with or accessible through the Software;
  • "You" and "Your" refers to the individual or entity that has agreed to this Agreement and is authorized to use the Software.
Acceptance of Terms

By accessing or using the Software, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to this Agreement, you must not access or use the Software.

If you are accessing or using the Software on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to this Agreement, in which case the terms "you" or "your" shall refer to such entity.

This Agreement applies to all users of the Software, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

License

Scope of License

Subject to the terms and conditions of this Agreement, BDx (Hong Kong) Limited grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Software.
This license is granted solely for your internal business purposes and does not include the right to:

  • sell, resell, distribute, or lease the Software;
Party Obligations

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Software, use of the Software, or access to the Software or any contact on the website through which the service is provided, without express written permission by us.

Term

This Agreement will remain in effect until terminated by you or BDx (Hong Kong) Limited. BDx (Hong Kong) Limited may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

License Restrictions

You agree not to, and you will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software or make the platform available to any third party.
  • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Software.
  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of BDx (Hong Kong) Limited or its affiliates, partners, suppliers or the licensors of the Software.
  • Use the Software for any illegal purpose or in violation of any local, state, national, or international law.
  • Violate or encourage others to violate the rights of third parties, including intellectual property rights.

Content and Data

You are solely responsible for your Customer Data and the consequences of posting or publishing it. By uploading, submitting, storing, or sending Customer Data to the Software, you grant BDx (Hong Kong) Limited a worldwide, royalty-free, non-exclusive license to host, copy, transmit, and display Customer Data as reasonably necessary for BDx (Hong Kong) Limited to provide the Software.

General Rights Reserved by BDx (Hong Kong) Limited

BDx (Hong Kong) Limited reserves the right to modify, suspend, or discontinue the Software (or any part or content thereof) at any time with or without notice to you. BDx (Hong Kong) Limited shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Software.

BDx (Hong Kong) Limited reserves the right to refuse access to the Software to anyone for any reason at any time.

BDx (Hong Kong) Limited may, but has no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or this Agreement.

Termination

This Agreement will remain in effect until terminated by you or BDx (Hong Kong) Limited. BDx (Hong Kong) Limited may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

Conduct

You agree to not use the Software to:

  • upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • impersonate any person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Software;
  • upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

Intellectual Property

The Software and its original content, features, and functionality are and will remain the exclusive property of BDx (Hong Kong) Limited and its licensors. The Software is protected by copyright, trademark, and other laws of both the Hong Kong Special Administrative Region and foreign countries.

User Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to BDx (Hong Kong) Limited with respect to the Software shall remain the sole and exclusive property of BDx (Hong Kong) Limited.

Third Party Links & Applications

The Software may contain links to third-party web sites or services that are not owned or controlled by BDx (Hong Kong) Limited.

System Requirements

To use the Software, you need a compatible device, internet access, and certain necessary software. Your ability to use the Software may be affected by the performance of these factors.

Information Usage

BDx (Hong Kong) Limited collects and uses information as described in its Privacy Policy. By using the Software, you agree to the collection and use of this information in accordance with the Privacy Policy.

Third Party Services

The Software may integrate with or provide access to third-party services. BDx (Hong Kong) Limited is not responsible for the content, privacy policies, or practices of any third-party services.

Privacy Policy

Your privacy is important to us. Please read our Privacy Policy to understand how we collect, use, and protect your personal information.

Terms of Other Services

If you use other services provided by BDx (Hong Kong) Limited, those services may be subject to separate terms and conditions.

Indemnification

You agree to indemnify, defend and hold harmless BDx (Hong Kong) Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

No Warranties

The Software is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, BDx (Hong Kong) Limited, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Software, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, BDx (Hong Kong) Limited provides no warranty or undertaking, and makes no representation of any kind that the Software will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of BDx (Hong Kong) Limited and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Software.

To the maximum extent permitted by applicable law, in no event shall BDx (Hong Kong) Limited or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Software, third-party software and/or third-party hardware used with the Software, or otherwise in connection with any provision of this Agreement), even if BDx (Hong Kong) Limited or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Severability and Waiver

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

Amendments

BDx (Hong Kong) Limited reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

General

This Agreement constitutes the entire agreement between you and BDx (Hong Kong) Limited regarding your use of the Software and supersedes all prior and contemporaneous written or oral agreements between you and BDx (Hong Kong) Limited.

Practice Guides

BDx (Hong Kong) Limited may publish practice guides to provide guidance on how to use the Software. These practice guides are for informational purposes only and do not form part of this Agreement.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Changes to this Agreement

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Governing Law

The laws of the Hong Kong Special Administrative Region, excluding its conflicts of law rules, shall govern this Agreement and your use of the Software. Your use of the Software may also be subject to other local, state, national, or international laws.

Entire Agreement

The Agreement constitutes the entire agreement between you and BDx (Hong Kong) Limited regarding your use of the Software and supersedes all prior and contemporaneous written or oral agreements between you and BDx (Hong Kong) Limited.

Contact Us

If you have any questions about this Agreement, please contact us.