4.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

5 Links to Third Party Websites

KV Technology Ltd Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

6 COPYRIGHT

6.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to KV Technology Ltd or otherwise used by KV Technology Ltd as permitted by law.

6.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

7 LINKS TO AND FROM OTHER WEBSITES

7.1 Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.

7.2 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:

(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;

(b) you do not misrepresent your relationship with this website; and

(c) ; the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.

7.3 By linking to this Website in breach of our terms, you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.

8 DISCLAIMERS AND LIMITATION OF LIABILITY

8.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

8.2 To the extent permitted by law, KV Technology Ltd will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

8.3 KV Technology Ltd makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

8.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of KV Technology Ltd for death or personal injury as a result of the negligence of KV Technology Ltd or that of its employees or agents.

9 INDEMNITY

You agree to indemnify and hold KV Technology Ltd and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against KV Technology Ltd arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

10 SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

11 WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

12 GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of Hong Kong and you hereby submit to the exclusive jurisdiction of the Hong Kong courts.

13 Financial Conditions

By subscribing to beCast Suite services, the Users agree to pay the price corresponding to the Services selected and to their country of residence. Unless specifically otherwise stipulated, the prices of the Services subscribed shall be paid at the time of subscription and in the currency in which they were invoiced. The prices displayed on the Site are exclusive of charges, and they do not include VAT. Additional charges shall be applied on the invoice according to the Users’ country of residence and applicable legal and regulatory provisions.

14 Use of the Services

14.1 Compliance with applicable regulations

Each Party declares that it shall respect the regulations applicable to its activity

In general terms, the Users shall guarantee that the information sent via the beCast Suite Services does not contravene any legal or regulatory provision or a provision resulting from an international agreement applicable to them and in particular the provisions in force in France, in the State in which the User carries out their activity and in the State in which the persons appearing on the distribution lists reside, nor the rights of third parties.

For information purposes and without this list being exhaustive, the sending of email and SMSs to customers and prospects is subject to the applicable data

protection rules, as well as the following rules:

United States: Telemarketing Sales Rule, Federal Telephone Consumer Protection

Act, Can-Spam-Act.

In France: Articles L.34-5 of the French Post and Electronic Communications

Code (Code des postes et des communications électroniques) and L.121-34-1-1 of

the French Consumer Code (Code de la consommation).

In Italy: Italian Code on Data Protection (Codice in materia di protezione dei dati personali).

In Spain: Law 34/2002, of 11 July 2002, on company information services and

electronic commerce (Ley 34/2002, de 11 de julio, de servicios de la sociedad de la

información y de comercio electrónico) and Organic Law 15/1999 of 13 December 1999, on the Protection of Data of a Personal Character (Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal).

In the United Kingdom: The Privacy and Electronic Communications (EC Directive) Regulations 2003.

15 OUR CONTACT DETAILS

Our Office Address:

Unit 2 of LG 1, Mirror Tower, 61 Mody Road, Tsim Sha Tsui, Kowloon, Hong Kong

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