1. Acceptance of Terms
By accessing or using the website at www.modernltd.rest, operated by Modern Investment Holdings Limited, you agree to be bound by these Terms of Service. If you do not agree to all of these terms, you are not authorised to use this website or any services offered through it. These terms constitute a legally binding agreement between you and Modern Investment Holdings Limited regarding your use of the website and related services.
Modern Investment Holdings Limited reserves the right to update or modify these Terms of Service at any time without prior notice. Any changes will be effective immediately upon posting the revised terms to this webpage. Your continued use of the website after any such changes constitutes your acceptance of the new terms. We encourage you to review these terms periodically to stay informed of any updates.
These Terms of Service apply to all visitors, users, and others who access or use the website. If you are using the website on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these terms, and your acceptance of these terms will be deemed to be accepted by that organisation.
2. Description of Services
Modern Investment Holdings Limited provides professional computer systems design and related services, including but not limited to custom software development, systems integration, IT consulting, cloud infrastructure design and deployment, network architecture design and implementation, data management solutions, and technical support services. These services are delivered under separate service agreements that specify scope, deliverables, timelines, and fees. The information provided on this website is for general informational purposes only and does not constitute a formal proposal or contract for services.
We reserve the right to modify, suspend, or discontinue any aspect of our website or services at any time without liability. We make no guarantee that the website will be available uninterrupted, timely, secure, or error-free. While we strive to maintain the availability of our online presence, technical issues, maintenance requirements, and other factors beyond our control may result in temporary interruptions.
3. User Responsibilities and Eligibility
To use our website and services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into binding contracts. You agree to provide accurate, current, and complete information when using our contact forms or engaging with our services. You are responsible for maintaining the confidentiality of any account credentials provided to you and for all activities that occur under your account.
You agree not to use the website for any unlawful purpose or in violation of any applicable local, national, or international law or regulation. You further agree not to: transmit any viruses, malware, or harmful code; attempt to gain unauthorised access to our systems or networks; interfere with the proper functioning of the website; collect or harvest any personally identifiable information from the website; or engage in any activity that could damage, disable, or impair our infrastructure.
4. Intellectual Property Rights
4.1 Ownership
The website, its entire contents, features, and functionality — including but not limited to all text, graphics, logos, icons, images, audio clips, video clips, data compilations, page layout, underlying code, and software — are owned by Modern Investment Holdings Limited, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2 Trademarks
The Modern Investment Holdings Limited name, the ModernLTD logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Modern Investment Holdings Limited or its affiliates. You may not use such marks without the prior written permission of Modern Investment Holdings Limited. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.
4.3 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the website for its intended purposes. You may download or print one copy of any portion of the content for your personal, non-commercial reference, provided you retain all copyright and proprietary notices. This license does not permit you to: modify, reproduce, distribute, or publicly display any content from the website for commercial purposes; use any data mining, robots, or similar data gathering and extraction tools; or create derivative works based on the website or its content.
5. Confidentiality
In the course of providing services, Modern Investment Holdings Limited may have access to your confidential information. We agree to maintain the confidentiality of all such information and to use it solely for the purpose of providing the services for which it was disclosed. This obligation of confidentiality does not apply to information that: is or becomes publicly available through no fault of ours; was rightfully in our possession prior to disclosure; is independently developed by us without use of your confidential information; or is required to be disclosed by law or legal process.
You likewise agree to treat as confidential any proprietary information, methodologies, tools, or deliverables provided by Modern Investment Holdings Limited in the course of our engagement. This mutual commitment to confidentiality is essential to the success of our professional relationship.
6. Disclaimer of Warranties
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MODERN INVESTMENT HOLDINGS LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MODERN INVESTMENT HOLDINGS LIMITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MODERN INVESTMENT HOLDINGS LIMITED DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND MODERN INVESTMENT HOLDINGS LIMITED.
7. Limitation of Liability
IN NO EVENT SHALL MODERN INVESTMENT HOLDINGS LIMITED, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS (USD $100) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OF THESE TERMS.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above exclusions or limitations may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
8. Indemnification
You agree to indemnify, defend, and hold harmless Modern Investment Holdings Limited, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees — including reasonable legal fees — arising out of or relating to: (a) your violation of these Terms of Service; (b) your use of the website, including any content you submit or transmit; (c) your violation of any rights of a third party; or (d) any negligent or wrongful conduct by you. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate fully with us in asserting any available defences.
9. Governing Law and Dispute Resolution
These Terms of Service and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in Hong Kong for the resolution of any disputes.
Before initiating any legal proceedings, the parties agree to attempt to resolve any dispute through good faith negotiations. If the dispute cannot be resolved through negotiation within thirty days, the parties shall attempt to settle it through mediation administered by the Hong Kong International Arbitration Centre (HKIAC) before resorting to litigation.
Notwithstanding the foregoing, Modern Investment Holdings Limited may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information without the need to first engage in negotiation or mediation.
10. Termination
We reserve the right to terminate or suspend your access to the website or any services provided to you, without prior notice or liability, for any reason, including if you breach these Terms of Service. Upon termination, your right to use the website will immediately cease. Provisions of these Terms of Service that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, limitations of liability, indemnification obligations, and governing law provisions.
11. General Provisions
Severability. If any provision of these Terms of Service is found to be unenforceable or invalid under applicable law, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Waiver. The failure of Modern Investment Holdings Limited to enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision. No waiver of any term shall be effective unless in writing and signed by an authorised representative of the company.
Assignment. You may not assign or transfer these Terms of Service, by operation of law or otherwise, without our prior written consent. We may assign or transfer these terms without restriction, including in connection with a merger, acquisition, or sale of assets.
Force Majeure. Neither party shall be liable for any failure to perform its obligations under these terms if such failure is caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, strikes, natural disasters, government actions, or internet service provider failures.
Entire Agreement. These Terms of Service constitute the entire agreement between you and Modern Investment Holdings Limited regarding your use of the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the website.
Notices. All notices required or permitted under these Terms of Service shall be in writing and shall be deemed given when delivered personally, sent by registered or certified mail, or sent by email to the addresses provided by each party. Notices to Modern Investment Holdings Limited shall be sent to our registered address in Hong Kong.
Electronic Communications. By using the website or communicating with us electronically, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
12. Account Registration and Security
Certain features of our services may require you to create an account. You are responsible for providing accurate and complete registration information and for keeping that information current. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations.
13. Payment Terms
Fees for professional services provided by Modern Investment Holdings Limited are specified in individual service agreements or proposals. Unless otherwise agreed in writing, invoices are due within thirty days of the invoice date. Late payments may incur interest at the rate of 1.5 percent per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend services for accounts that are more than thirty days past due. All fees are exclusive of applicable taxes, which shall be paid by the client.
14. Prohibited Uses
You may use the website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the website in any way that violates any applicable federal, state, local, or international law or regulation. Additionally, you agree not to: impersonate or attempt to impersonate Modern Investment Holdings Limited, its employees, or any other person or entity; engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website; use the website to transmit any advertising or promotional material without our prior written consent; or introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
15. Contact Information
If you have any questions about these Terms of Service, please contact us at:
Modern Investment Holdings Limited
Rm 4404 44/F Hopewell Centre
183 Queen's Road East
Wan Chai, Hong Kong
Email: rest@modernltd.rest
Phone: +1 432 310 1927