Terms of Use (for Website)

Terms of Use

Rev. May 25, 2022

1. Scope

The website in Hong Kong English version (referred as "this website" in this document), with url started with https://dqsglobal.com/en-hk/, is administered by DQS Management Systems Solutions (HK) Ltd (referred as “DQS HK” in this document). The use of this website and its customer portal is subject to the terms of use in this document. Please read the following terms carefully before the use. Revisions to these terms may be made by DQS HK at any time without prior notification. Please visit this page again before calling up the website in Hong Kong version. By logging in to the customer portal or by registering in the User Center and thereby accessing or using this website, these terms of use are accepted in their then current version.

DQS HK is a subsidiary of DQS Holding GmbH, whose name shown in Chinese is a translated name rather than a registered organizational name. DQS Academy and its translated name in Chinese is DQS’s internal business unit name rather than a registered organizational name in HK.

This website provides link to customer portal MyDQS at another website (https://mydqs.com) of DQS Group, which is subject to additional terms posted at this website and the associated privacy policy posted at https://mydqs.com.

2. Services
2.1

At its website, in customer portal or the User Center, when offered, DQS HK makes available specific information, data files, and documents for viewing or downloading.

2.2

DQS HK may stop the operation of its website, the User Center or customer portal in full or in part at any time without prior notification. Due to the nature of the Internet and computer systems, DQS HK does not accept any liability for the continuous availability of the DQS HK website or its customer portal.

3. Registration, password
3.1

The pages of customer portal and the User Center, when offered, are password protected. In the interest of safety and security of the business transactions, only registered users may access said pages. Access to customer portal is only granted by DQS HK. The User Center and news subscription at this website are designated for the visitors in the Greater China with existing or proposed business relation with DQS HK. DQS HK reserves the right to deny or cancel registration or subscription to any user without cause. DQS HK particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. DQS HK is entitled, at any time and without obligation to give reasons, to deny or cease the user the registration, subscription, or right to access the protected area by blocking its user data (as defined below), in particular if the user:
- used false data for the purpose of registration;
- didn’t further complete profile with true individual name and organization name;
- violates these terms of use or neglects its duty of care with regard to user data;
- violates any applicable laws in the access to or use of the DQS-HK website; or
- did not use customer portal for a longer period, or
- has terminated contractual relationship with DQS-HK or any of its affiliated companies (applies only to customer portal).

It’s not guaranteed that all users subscribing to Newsletters will  receive news posted at the website.

3.2

The user of customer portal and the User Center, when offered, shall give accurate information for registration and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The user shall ensure that the e-mail address supplied via this website is an address at which the user can be contacted.

3.3

Upon registration the user will be provided with a user ID and a password (“user data”). The user data allows the user to view their data, download files or documents, and to change their user data.

3.4

The user shall ensure that user data is not accessible by third parties and is liable for all transactions and other activities carried out under its user data. At the end of each online session, the user shall log-off from the password protected website. If and to the extent the user becomes aware that third parties are misusing its user data the user shall notify DQS HK thereof without undue delay in writing and, as the case may be, by e-mail in advance.

3.5

After receipt of the notice under paragraph 3.4, DQS HK will deny access to the password-protected area under such user data. Access by the user will only be possible again upon the user’s application to DQS HK.

3.6

The user may at any time cancel their registration by signing out of the User Center, either online or in writing. In such event DQS HK will remove all user data and other stored personally identifiable data of the user as soon as these data are no longer needed.

4. Rights of use to information, data files and documents
4.1

The use of any information, data files and documentation made available on or via the DQS HK website, User Center or customer portal is subject to these terms of use.
DQS HK operates a secure web portal, when offered, at its website, which may allows access to assessment results, if provided, and various other information. Customers may only enter this web portal after having received authorization (log-in data and password) and submitting electronic or written consent.

4.2

DQS HK grants user a non-exclusive and non-transferable license to use the information, data files and documentation made available to the extent agreed, or in the event of no such agreement, to the extent of the purpose intended by DQS HK in making same available.

5. Duties of the user
5.1

In accessing or using the DQS HK website, the User Center or customer portal, the user shall not:
- harm other persons, in particular minors, or infringe their personal rights;
- breach public morality in its manner of use;
- violate any intellectual property right or any other proprietary right;
- upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
- transmit, store or upload hyperlinks or contents to which the user is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful;
- distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, defects or similar material, or
- solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.

5.2

DQS HK may cancel registration or deny access to the web portals at any time if the user breaches any obligation arising from these terms of use.

5.3

To use this website or our services, the user must be at least 18 years old.

6. Hyperlinks

This website and customer portal may contain hyperlinks to the webpages of other part of the website (https://dqsglobal.com) and other third parties. DQS HK shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as DQS HK does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the user.

7. Liability for defects of title or quality

Insofar as any information, data files or documentation is made available at no cost, any liability for defects as to quality or title of the information, data files and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud. The product/service related contents, prices, dates, or terms posted at the website are for reference only, which are subject to confirmation in writing by DQS HK.

8. Other liability, viruses
8.1

The liability of DQS HK for defects in relation to quality and title shall be determined in accordance with the provisions of clause 7 of these terms of use. Any further liability of DQS HK is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations are limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.

8.2

Although DQS HK makes every endeavor to keep its website and customer portal free from viruses, trojan horses and other harmful pro-active systems, DQS HK cannot make any guarantee that it is virus-free. The user shall, for their own protection and in order to keep the DQS HK website virus-free, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, data files or documentation.

8.3

Clauses 8.1 and 8.2 do not intend nor imply any changes to the burden of proof to the user’s disadvantage.

9. Privacy Policy
9.1

For collection, use and processing of personally identifiable data of the user, DQS HK shall comply with applicable laws in Hong Kong on data privacy protection. By submitting the data, user agrees to have their data processed electronically. Users may rescind their acceptance at any time, but not retroactively. Upon advance written or electronic notification, users are also authorized to review the content and extent of their own data stored by DQS HK. For more details please refer to the Privacy Policy at this website.

9.2

DQS HK would like to point out that the internet is a public communication system and as such subject to new security gaps at any time. In spite of state-of-the-art technology DQS HK does not and can not know about these gaps beforehand. After cognizance and review of security gaps, DQS HK will initiate defensive measures as required.

10. Supplementary agreements, place of jurisdiction, applicable law
10.1

Any supplementary agreement requires the written form.

10.2

The place of jurisdiction shall be Hong Kong.

10.3

This website and individual pages of customer portal are operated and administered by DQS HK in accordance with laws in Hong Kong. If user accesses the DQS HK website from outside HK, they are exclusively responsible for compliance with all applicable local laws. Access to information, data files and/or documentation from countries where such content is unlawful is prohibited. In this case and where user seeks to do business with DQS HK, the user should contact DQS HK.

10.4
Before shopping at this website, you read and agree with the Additional Terms for Shopping.

10.5

These terms of use shall be governed by the laws of Hong Kong.