Disclaimer and Limitation of Liability (Hong Kong and Macau Region)
You agree and understand that you subscribe, at your own risks, to Apple Daily News Website (Hong Kong) (《蘋果日報網站》（香港）) Next Mobile Limited (《蘋果動新聞》), Apple Online (Taiwan) (《蘋果新聞網》（台灣）), Next Magazine (《香港壹週刊》) (hereinafter “Subscription Services”) as provided under Next Digital Limited and its parent company, its subsidiaries, associated companies and affiliated companies (hereinafter “the Company” or “Next Digital”). The content, information, products and / or services of the Subscription Services are provided on an “as is” and “as available” basis.
Next Digital does not guarantee the content, information, products and / or services meet your expectations, nor is the use and access to the content, information, products and / or services free of any interference, provided on a timely basis, safe and reliable or free of errors. Next Digital does not guarantee that any results from the use and access of the content, information, products and / or services provided to be accurate, reliable, complete and timely. Next Digital does not guarantee that all the errors in its software and hardware will be rectified.
Next Digital expressly states herein that it makes no express or implied guarantee or warranty with regards to the ownership rights, merchantability or fitness for a commercial purpose, quality assurance, the suitability of a particular purpose, and the non-violation of the rights of a third party for its content, including but not limited to any creative work, image, article, trademark, tradename or any content with existing intellectual property rights. Next Digital makes no guarantee or warranty for any products, services or transactions that were purchased or obtained through the Subscription Services. You are solely responsible for deciding whether use, download or obtain any information through the Subscription Services and you do so at your own risk. You are also solely responsible for any damage to or loss of data in your computer or any mobile devices arising out of or in connection with the downloading or accessing of the aforementioned information. Next Digital shall neither bear responsibility for nor be liable to you for any such damage or harm caused.
Next Digital shall not be responsible for, nor shall it be liable to any harm or damages, whether such harm or damages arise out of or in connection with the use of the websites of the Company, including but not limited to（https://hk.appledaily.com、https://hk.nextmgz.com、https://tw.appledaily.com or their corresponding mobile apps）, and / or any malfunction, errors, omission, interference, deletion, defects, delay in transmission or reception, virus infection from download, the malfunctioning of communication systems, damage from a stolen account, damage caused by unauthorized login, modification or use of relevant records associated with the aforementioned websites and / or smartphone mobile apps, and regardless of whether such harm or damages were results of any breach of contract, tort, negligence actions and / or other litigation.
Next Digital shall not be responsible, nor shall it be liable to any losses or harm arising from force majeure conditions not attributable to the Company, such as fire, flood, rainstorm, typhoon, lightning, earthquake, riot, unrest, war or any other natural disaster; or the making or amendment of relevant laws or monitoring guidelines and / or limitations imposed by relevant authorities, or under circumstances beyond the reasonable control of Next Digital (including but not limited to delay or errors in transmitting content), causing Next Digital’s failure in meeting any obligation in the Agreement and its terms or in the provision of services.
Next Digital and the others who are involved in the creation, production, provision of any content, pictures, photographs, information, products and / or services on the Company’s websites and / or smartphone mobile apps shall not be liable in any way for any direct, indirect, incidental, special, consequential or punitive damages arising from or relating to these content, pictures, photographs, information, products and / or services (regardless of whether or not Next Digital has been informed of the possibility of such damages); such circumstances include but are not limited to: (I) where the content and information provided by Subscription Services is inaccurate, invalid or incomplete, and / or constitutes tortious, defamatory or other unlawful or subpar conduct in any applicable jurisdiction; (ii) the use or inability to use Subscription Services; (iii) the failure to recover the costs of any product, data, information or services purchased or acquired via or through Subscription Services, the content received, and / or the replacement products and / or services resulting from a transaction that you have conducted; (v) your personal data was transmitted or your personal data was accessed, used or modified without authorization; (vi) any other relevant matter arising from or in connection with Subscription Services, including but not limited to tangible or intangible losses in income, profit, business operation, goodwill, usage, and information. If the relevant claim for compensation relies on theories of Next Digital’s negligence or intentional conduct, within the fullest extent permitted under applicable law, the maximum compensation shall be limited to the fees Next Digital charged you for the Subscription Services.
The Subscription Services may include the content posted or released by website users, smartphone mobile app users, advertising clients, associated merchants, business partners, the users of any of the Company’s products and / or services, and any other third party, without being revised or reviewed by the Company. Next Digital shall not be liable for any losses or harm caused by the content posted or released by the aforementioned parties. Except where expressly provided for otherwise herein, the content of Subscription Services does not represent the views of any Next Digital company. If one or more provisions herein is deemed invalid or unenforceable for any reason, it shall not affect the remainder of this Agreement. The said provision shall be deemed to have severed from the other provisions hereof, which remain effective and enforceable within the fullest extent permitted under applicable laws.