1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the website located at https://gateadvisory.llc (the "Site") and the professional advisory, research and analytics services provided by Gate.Advisory Limited ("we", "us", "our" or "gate.advisory").
By accessing the Site, engaging us for services, or entering into a written engagement letter or statement of work (each an "Engagement Letter") with us, you agree to be bound by these Terms. If you do not agree, you must not access the Site or engage our services.
2. Our Services
We provide research, intelligence, strategic advisory, analytics and related professional services. The specific scope, deliverables, timeline and fees for each engagement are defined in a separate Engagement Letter signed by both parties.
In case of any conflict between these Terms and an Engagement Letter, the Engagement Letter prevails for the engagement it governs.
3. Your Responsibilities
To perform our services, we rely on information you provide about your business, market and objectives. You agree that all information you provide will be accurate, complete and lawfully obtained, and that you have all necessary rights to share it with us.
You are responsible for the decisions and actions you take based on our deliverables. Our advice, models and reports are inputs to your decision-making; they do not constitute legal, tax, audit, investment or medical advice.
4. Intellectual Property
Unless otherwise agreed in an Engagement Letter, all templates, methodologies, frameworks, code, know-how and pre-existing materials we use to deliver services remain our exclusive property.
Custom deliverables prepared specifically for you under an Engagement Letter become your property upon full payment of the applicable fees, subject to our right to retain and reuse general knowledge, skills and residual information gained during the engagement.
The Site's content, including text, graphics, logos, and the gate.advisory brand mark, is owned by Gate.Advisory Limited and protected by applicable copyright and trademark laws. You may not reproduce or redistribute it without written permission.
5. Fees and Payment
Fees, invoicing frequency and payment terms are set in the applicable Engagement Letter. Unless stated otherwise, invoices are payable within thirty (30) days of the invoice date.
Late payments may accrue interest at the maximum rate permitted by applicable law and may cause us to suspend work on the engagement.
6. Confidentiality and Personal Data
Each party will treat as confidential any non-public information disclosed by the other party in connection with an engagement, and will use it only for the purposes of that engagement.
Confidentiality obligations survive the completion of the engagement and continue for a period of five (5) years, or longer where required by law or the Engagement Letter.
Where an engagement involves the processing of personal data (as defined in the Personal Data (Privacy) Ordinance (Cap. 486), the "PDPO"), each party will comply with its obligations under the PDPO. Our handling of personal data received through the Site is further described in our Privacy Policy.
7. Warranties and Disclaimers
We will perform our services with reasonable care and skill and consistent with generally accepted professional standards.
Except as expressly stated in an Engagement Letter, the Site and our services are provided on an "as is" basis. To the maximum extent permitted by law, we disclaim all other warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that the Site will be uninterrupted or error-free, or that any information on the Site is complete, current or accurate.
8. Limitation of Liability
To the maximum extent permitted by law, our aggregate liability arising out of or in connection with these Terms and any engagement is limited to the total fees paid by you to us under the relevant Engagement Letter during the twelve (12) months preceding the event giving rise to the claim.
In no event will we be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, even if we have been advised of the possibility of such damages.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
9. Indemnity
You agree to indemnify and hold Gate.Advisory Limited and its personnel harmless from any third-party claim arising out of (a) your breach of these Terms or an Engagement Letter, (b) your misuse of the Site or the deliverables, or (c) the inaccuracy of information you provided to us.
10. Term and Termination
These Terms apply for as long as you access the Site or receive services from us. Either party may terminate an engagement in accordance with the applicable Engagement Letter.
We may suspend or terminate your access to the Site at any time if we reasonably believe you have violated these Terms.
11. Governing Law and Jurisdiction
These Terms and any Engagement Letter are governed by, and shall be construed in accordance with, the laws of the Hong Kong Special Administrative Region, without regard to conflict-of-laws principles.
The parties submit to the exclusive jurisdiction of the courts of Hong Kong in respect of any dispute arising out of or in connection with these Terms.
12. Third-Party Rights
A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) of the Laws of Hong Kong to enforce or to enjoy the benefit of any term of these Terms.
13. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted on this page with a new "Last updated" date. Your continued use of the Site or our services after the changes take effect constitutes acceptance of the updated Terms.
14. Contact
Questions about these Terms should be sent to office@gateadvisory.llc, or by post to Gate.Advisory Limited, Unit B, 11/F, Wah Kit Commercial Centre, 302 Des Voeux Road, Sheung Wan, Hong Kong.
