Terms of Service

Acceptance of Terms

These Terms of Service, together with our Privacy Policy and any other policies or agreements referenced herein, govern your access to and use of the website, services, applications, and content offered by Bethune Capital Limited. By accessing, browsing, or using our website, by submitting an inquiry through our contact form, by engaging in discussions with our team about potential services, or by entering into a formal engagement with Bethune Capital Limited, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

If you are entering into these Terms of Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these terms. In such case, the terms you and your refer to and apply to that entity. If you do not have such authority, or if you do not agree with these terms, you must not accept these Terms of Service and may not use the website or services.

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion. The website and services are intended for users who are at least eighteen years of age and who are capable of forming legally binding contracts under applicable law. By using the website or services, you represent and warrant that you meet these eligibility requirements.

These Terms of Service apply to all users of the website and services, including without limitation users who are browsers, clients, vendors, merchants, or contributors of content. Any new features or tools which are added to the current website or service offerings shall also be subject to these Terms of Service.

Description of Services

Bethune Capital Limited provides Computer Systems Design and Related Services within the Professional, Scientific, and Technical Services sector. Our service offerings include, but are not limited to, integrated computer systems design, cloud infrastructure architecture and migration services, cybersecurity architecture and advisory, data engineering and analytics platform design, DevOps and platform engineering, and technology advisory and audit services.

The specific scope, deliverables, timeline, and fees for any engagement will be documented in a separate written agreement, statement of work, or letter of engagement executed by both parties. In the absence of such a written agreement, these Terms of Service govern the general use of our website and any preliminary consultations or discussions. No binding obligation to deliver specific professional services arises until both parties have signed a formal engagement document.

We strive to ensure that the descriptions, specifications, and other information concerning our services on the website are accurate and current. However, we do not warrant that the service descriptions, pricing, or other content available on the website is accurate, complete, reliable, current, or error-free. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

As a provider of computer systems design services, we may recommend, specify, or integrate third party software, hardware, or cloud services as part of our engagements. Unless explicitly stated in the engagement documentation, Bethune Capital Limited does not assume responsibility for the performance, security, or ongoing maintenance of third party products or services that are recommended or implemented as part of a project.

User Obligations and Responsibilities

As a user of the Bethune Capital Limited website and services, you agree to comply with all applicable local, national, and international laws and regulations in connection with your use of our website and services. You further agree that you will use the website and services only for lawful purposes and in a manner consistent with these Terms of Service.

Accuracy of Information. You agree to provide accurate, current, and complete information when submitting inquiries through our contact form, when engaging in consultations, and when providing information necessary for the delivery of our services. You acknowledge that Bethune Capital Limited relies on the accuracy and completeness of the information you provide to formulate recommendations, design systems, and deliver services. We are not responsible for any consequences arising from your failure to provide accurate or complete information.

Cooperation. The successful delivery of our Computer Systems Design and Related Services requires reasonable cooperation and timely responsiveness from you. You agree to provide access to relevant personnel, systems, documentation, and facilities as reasonably required for us to perform our services. Delays caused by your failure to cooperate or provide necessary access or information may result in adjustments to project timelines and may incur additional costs.

Confidentiality of Credentials. If you create an account or receive login credentials for any system, portal, or platform associated with our services, you are responsible for maintaining the confidentiality of those credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

Backup of Data. You are solely responsible for maintaining adequate backups of your data, systems, and configurations before, during, and after any engagement with Bethune Capital Limited. While we exercise professional care in handling your systems and data, you acknowledge that data loss can occur and that your backup practices serve as your primary safeguard.

Intellectual Property Rights

All content, materials, designs, graphics, logos, text, software, code, methodologies, frameworks, tools, templates, documentation, and other intellectual property made available through the Bethune Capital Limited website or developed by us in the course of providing services are the exclusive property of Bethune Capital Limited or its licensors and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws.

Website Content. The content displayed on the https://www.bethunecap.mom website, including but not limited to text, graphics, photographs, logos, icons, and software, is owned or licensed by Bethune Capital Limited. You are granted a limited, non-exclusive, non-transferable, revocable license to access and view the website content solely for your personal and non-commercial use in evaluating our services. You may not reproduce, distribute, modify, create derivative works from, publicly display, or exploit any website content without our express prior written consent.

Service Deliverables. Ownership of deliverables produced in the course of a client engagement is governed by the terms set forth in the applicable engagement agreement or statement of work. Unless otherwise agreed in writing, Bethune Capital Limited retains ownership of all pre-existing materials, methodologies, tools, frameworks, and general knowledge used in the delivery of services, while the client receives a perpetual, non-exclusive license to use deliverables created specifically for that engagement.

Trademarks. The Bethune Capital Limited name and logo, the BethuneCap mark, and all related names, logos, product and service names, designs, and slogans are trademarks of Bethune Capital Limited or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the website are the trademarks of their respective owners.

Feedback. Any suggestions, ideas, enhancement requests, recommendations, or other feedback you provide to us regarding our website or services may be used by Bethune Capital Limited without restriction, compensation, or obligation to you. By submitting feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate your feedback into our services.

User Content and Submissions

Our website may allow you to submit, upload, or transmit content, including but not limited to information submitted through our contact form, project requirements shared during consultations, technical documentation provided for assessment, and any other material you provide to us. You retain ownership of any intellectual property rights that you hold in such content.

License to User Content. By submitting content to Bethune Capital Limited through our website or in the course of an engagement, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and process that content for the limited purpose of responding to your inquiries, evaluating your requirements, delivering our services, and improving our service offerings. This license continues for as long as necessary to fulfill these purposes.

Representations About Your Content. You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to submit any content you provide to us and that such content does not infringe, misappropriate, or violate any third partys intellectual property rights, privacy rights, or any other rights. You further represent that your content complies with all applicable laws and does not contain any material that is unlawful, defamatory, obscene, or otherwise objectionable.

Responsibility for Content. You are solely responsible for the content you submit to us. Bethune Capital Limited does not endorse any user content and expressly disclaims any and all liability in connection with user content. We do not routinely monitor user content but reserve the right to review, remove, or refuse to process any content that we determine, in our sole discretion, violates these Terms of Service or is otherwise objectionable.

Prohibited Conduct

Your use of the Bethune Capital Limited website and services is subject to certain restrictions designed to protect our systems, our intellectual property, our clients, and the integrity of our operations. You agree that you will not, and will not assist or permit any third party to, engage in any of the following prohibited activities:

Unauthorized Access. Attempting to gain unauthorized access to any portion or feature of the website, or to any other systems, networks, or servers connected to the website, by hacking, password mining, or any other illegitimate means. This includes probing, scanning, or testing the vulnerability of any system or network associated with Bethune Capital Limited.

Interference. Interfering with or disrupting the operation of the website, our servers, or networks connected to the website, including by transmitting any viruses, worms, malware, Trojan horses, denial-of-service attacks, or any other code of a destructive or disruptive nature.

Scraping and Automated Access. Using any automated means, including robots, spiders, scrapers, or data mining tools, to access, acquire, copy, or monitor any portion of the website or its content without our express written permission. This includes bypassing any robot exclusion headers or other measures we employ to restrict automated access.

Misrepresentation. Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity, including by using another persons account credentials, or by forging headers or otherwise manipulating identifiers to disguise the origin of any content transmitted through the website.

Violation of Laws. Using the website or services for any illegal purpose or in violation of any local, state, national, or international law, including without limitation laws governing intellectual property, data protection, export control, and the transmission of technical data.

Abusive Communications. Sending harassing, abusive, threatening, defamatory, or otherwise objectionable communications through our website, contact forms, email, or any other communication channels. Bethune Capital Limited reserves the right to terminate any interaction and refuse service to any individual who engages in abusive or inappropriate conduct toward our team members.

Termination

These Terms of Service remain in effect from the date of your first access to our website or engagement with our services until terminated by either party in accordance with the provisions set forth herein. Termination of these terms does not relieve either party of obligations or liabilities that accrued prior to the effective date of termination.

Termination by You. You may terminate these Terms of Service at any time by ceasing all use of the Bethune Capital Limited website, discontinuing all communications with our organization, and, if you are an active client, closing your account or engagement in accordance with the terms of your engagement agreement. Termination does not entitle you to any refund of fees paid for services already rendered.

Termination by Us. Bethune Capital Limited may terminate or suspend your access to the website and services, in whole or in part, at any time and without prior notice or liability, for any reason whatsoever, including without limitation if you breach any provision of these Terms of Service, if we suspect fraudulent, abusive, or illegal activity, or if we determine that continuing to provide services to you poses a legal, reputational, or operational risk to our organization.

Effect of Termination. Upon termination, your right to use the website and services will immediately cease. All provisions of these Terms of Service that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability. Any outstanding fees or obligations incurred prior to termination will remain due and payable.

Data After Termination. Following termination, we will handle your personal and business information in accordance with our Privacy Policy and any applicable data retention policies. We may retain certain information as required by law or for legitimate business purposes, including records necessary for tax, accounting, and compliance purposes.

Disclaimer of Warranties

The website and services provided by Bethune Capital Limited are provided on an as is and as available basis, without any representations or warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Bethune Capital Limited, its affiliates, officers, directors, employees, agents, and licensors expressly disclaim all warranties, express or implied, in connection with the website, services, and your use thereof.

No Warranty of Accuracy. While we strive to provide accurate and reliable information, Bethune Capital Limited makes no warranties or representations about the accuracy, completeness, reliability, or timeliness of the content, information, services, or materials provided through our website. Any reliance you place on such information is strictly at your own risk.

No Warranty of Availability. We do not warrant that the website will operate error-free, that access will be uninterrupted, that defects will be corrected, or that the website and its servers are free of viruses or other harmful components. We may need to suspend access to the website for maintenance, upgrades, or emergency repairs, and we will not be liable if the website is unavailable for any reason.

No Warranty of Results. Bethune Capital Limited provides professional opinions, recommendations, and systems design services based on the information available at the time of the engagement and our professional judgment. We do not guarantee any specific business outcomes, financial results, or performance metrics. The implementation of our recommendations and the achievement of desired results depend on factors beyond our control, including your execution, market conditions, and technological changes.

Professional Services Disclaimer. The services we provide constitute professional opinions and technical recommendations. They do not constitute legal, financial, tax, or medical advice. You should consult qualified professionals for advice in those areas. Our computer systems design services are advisory and technical in nature and should be evaluated in the context of your specific circumstances and risk tolerance.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Bethune Capital Limited, its affiliates, directors, officers, employees, agents, partners, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption, or cost of substitute services, arising out of or in connection with your use of, or inability to use, the website or services, whether based on warranty, contract, tort including negligence, or any other legal theory, regardless of whether we have been advised of the possibility of such damages.

Cap on Liability. In no event shall the aggregate liability of Bethune Capital Limited for all claims arising out of or relating to these Terms of Service or your use of the website and services exceed the greater of the total amount paid by you to Bethune Capital Limited for services during the twelve month period immediately preceding the event giving rise to the claim, or one hundred United States dollars. The limitations of this section shall apply to the maximum extent permitted by law.

Allocation of Risk. You acknowledge and agree that the disclaimers of warranty and limitations of liability set forth in these Terms of Service reflect a fair allocation of risk between the parties and form an essential basis of the bargain between you and Bethune Capital Limited. Without these limitations, we would not be able to provide the website and services on the terms currently offered.

Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, the liability of Bethune Capital Limited shall be limited to the maximum extent permitted by applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless Bethune Capital Limited, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, partners, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees including reasonable legal and accounting fees that arise out of or in connection with the following:

Your use of and access to the Bethune Capital Limited website and services, including any data or content transmitted or received by you. Your violation of any term of these Terms of Service, including without limitation your breach of any of the representations and warranties set forth herein. Your violation of any third party right, including without limitation any right of privacy or intellectual property right. Your violation of any applicable law, rule, or regulation. Any content or information that you submit, post, transmit, or make available through the website or in the course of an engagement.

Bethune Capital Limited reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any matter without the prior written consent of Bethune Capital Limited. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

This indemnification obligation shall survive the termination or expiration of these Terms of Service and your use of the website and services. It applies to claims arising both during and after the term of your relationship with Bethune Capital Limited.

Governing Law and Jurisdiction

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the Peoples Republic of China, without regard to its conflict of law provisions or principles.

Exclusive Jurisdiction. Subject to the Dispute Resolution section below regarding arbitration, any legal suit, action, or proceeding arising out of or related to these Terms of Service or the website and services shall be instituted exclusively in the courts of Hong Kong. You agree to submit to the personal jurisdiction of such courts and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Application of Laws. You are responsible for compliance with all applicable local laws in the jurisdiction from which you access the website or receive services. We make no representation that the website, services, or content are appropriate or available for use in all locations. Accessing the website or services from jurisdictions where such access is illegal is prohibited.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the website, services, or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred. This limitations period does not apply to the extent prohibited by applicable law.

Dispute Resolution

Bethune Capital Limited is committed to resolving disputes with users and clients in a fair, efficient, and cost-effective manner. This section describes the process for resolving disputes that may arise between you and Bethune Capital Limited.

Informal Resolution. Before initiating any formal legal action, you agree to first contact Bethune Capital Limited and attempt to resolve the dispute informally. Please send a written description of your concern to dispatch@bethunecap.mom, including your name, contact information, the nature of your complaint, and the resolution you are seeking. We will review your submission and endeavor to respond within thirty business days. The parties agree to negotiate in good faith to resolve any dispute.

Mediation. If the parties are unable to resolve the dispute through informal negotiation within sixty days of the initial written notification, either party may request that the dispute be referred to mediation. The mediation shall be conducted in Hong Kong in the English language, with the costs of mediation shared equally between the parties. Each party shall bear its own legal and other costs of participating in the mediation.

Arbitration. If mediation does not resolve the dispute within ninety days of the commencement of mediation, the dispute shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under its administered arbitration rules. The seat of arbitration shall be Hong Kong, and the language of the arbitration shall be English. The arbitral tribunal shall consist of one arbitrator mutually agreed upon by the parties. The award of the arbitrator shall be final and binding.

Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a partys intellectual property rights, confidential information, or data security. The prevailing party in any such action shall be entitled to recover its reasonable legal fees and costs.

Changes to Terms of Service

Bethune Capital Limited reserves the right, at its sole discretion, to modify, amend, or replace these Terms of Service at any time. As our business, technology, and legal environment evolve, we may need to update these terms to reflect changes in our practices, service offerings, or regulatory obligations.

Notification of Changes. When we make material changes to these Terms of Service, we will post the updated terms on this page and update the Last Updated date at the top of the page. We may also provide additional notice, such as by sending an email to the address we have on file for you or by displaying a notification banner on our website. It is your responsibility to review these Terms of Service periodically for changes.

Acceptance of Changes. Your continued use of the website or services after any modification to these Terms of Service constitutes your acceptance of the updated terms. If you do not agree with the revised terms, you must discontinue your use of the website and services. Changes to the dispute resolution provisions set forth in the Dispute Resolution section will not apply to any disputes for which the parties had actual notice prior to the date the change was posted.

Effective Date. Material changes to these Terms of Service will become effective thirty days after posting, unless a different effective date is specified. For changes that are required by law or that relate to new features or services, the changes may become effective immediately.

Third Party Links and Services

The Bethune Capital Limited website and our service deliverables may contain links to third party websites, platforms, tools, or services that are not owned, operated, or controlled by Bethune Capital Limited. This section describes our relationship with such third party resources and your responsibilities when accessing them.

No Endorsement. The inclusion of any link to a third party website or service does not imply endorsement, sponsorship, or recommendation by Bethune Capital Limited of that third party or of the products or services offered. We provide these links for your convenience and reference only. We have no control over and assume no responsibility for the content, accuracy, privacy policies, or practices of any third party websites or services.

Assumption of Risk. You acknowledge and agree that Bethune Capital Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third party websites or services. We strongly advise you to review the terms of service and privacy policies of any third party websites or services that you visit.

Integrated Third Party Services. As part of our Computer Systems Design and Related Services, we may recommend, configure, or integrate third party software platforms, cloud services, APIs, or infrastructure components. Your use of such third party services is governed by the terms and conditions of those respective services, and Bethune Capital Limited does not assume liability for the performance, security, availability, or business practices of any third party service provider.

Affiliate Relationships. Bethune Capital Limited may, from time to time, participate in affiliate or referral programs with third party technology vendors. Any such relationships do not influence our professional recommendations, which are driven by your specific requirements and our independent technical assessment. We will disclose any material affiliate relationships that are relevant to a specific recommendation made in the course of an engagement.

Privacy

Your privacy is important to Bethune Capital Limited. Our collection, use, disclosure, and protection of personal information is governed by our Privacy Policy, which is available at https://www.bethunecap.mom/privacy and is incorporated by reference into these Terms of Service. By using our website or services, you consent to the collection and use of your information as described in the Privacy Policy.

The Privacy Policy explains in detail what information we collect, how we use it, with whom we may share it, and what rights and choices you have with respect to your personal data. It also contains important information about data security, international data transfers, cookie practices, and compliance with privacy regulations including the California Consumer Privacy Act and the General Data Protection Regulation.

We encourage you to read the Privacy Policy carefully and to contact us with any questions or concerns about our data handling practices. In the event of any conflict between these Terms of Service and the Privacy Policy with respect to privacy or data protection matters, the Privacy Policy shall prevail.

If you are a client who engages our Computer Systems Design and Related Services, additional data processing terms may be included in your engagement agreement to address the specific data handling requirements of your project, including data ownership, processing purposes, security standards, and compliance obligations relevant to your industry or jurisdiction.

General Provisions

This section contains miscellaneous provisions that apply to the interpretation, enforcement, and administration of these Terms of Service.

Entire Agreement. These Terms of Service, together with our Privacy Policy and any written engagement agreements or statements of work executed by both parties, constitute the entire agreement between you and Bethune Capital Limited regarding your use of the website and services. They supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

Severability. If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to reflect the parties intention to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect. The invalidity of any provision shall not affect the validity of the other provisions.

Waiver. No waiver by Bethune Capital Limited of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Bethune Capital Limited to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

Assignment. You may not assign or transfer these Terms of Service, or any of the rights or obligations hereunder, without the prior written consent of Bethune Capital Limited. We may assign, transfer, or delegate these Terms of Service or any of our rights and obligations hereunder without restriction, including in connection with a merger, acquisition, or sale of assets.

Relationship of the Parties. Nothing in these Terms of Service shall be construed to create a partnership, joint venture, employment, or agency relationship between you and Bethune Capital Limited. Neither party has the authority to bind the other or to incur any obligation on the others behalf without the others prior written consent.

Force Majeure. Bethune Capital Limited shall not be liable for any failure or delay in performance of its obligations under these Terms of Service arising from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government orders, pandemics, labor disputes, telecommunications failures, or third party service interruptions.

Notices. Any notices or communications required or permitted under these Terms of Service shall be in writing. Notices to Bethune Capital Limited shall be sent to the contact information provided in the Contact Information section. Notices to you may be sent to the email address you provided to us or posted on the website, and shall be deemed delivered when sent by email or upon posting.

Headings. The headings and section titles in these Terms of Service are for convenience only and shall not affect the interpretation of any provision. The use of the words including, include, or such as shall be deemed to be followed by the phrase without limitation.

Contact Information

If you have any questions, comments, or concerns about these Terms of Service, or if you need to contact Bethune Capital Limited for any reason related to your use of the website or services, you may reach us through the following channels:

Email: dispatch@bethunecap.mom

Phone: +16673967427

Postal Address:
Bethune Capital Limited
Rm 503 5/F
9 Chong Yip Street
Kwun Tong
Hong Kong (HK)

Website: https://www.bethunecap.mom

We value your feedback and take your concerns seriously. When contacting us about a matter related to these Terms of Service, please provide sufficient detail to allow us to understand and address your concern. We endeavor to respond to all substantive inquiries within five business days of receipt.

For urgent matters requiring immediate attention, telephone contact is recommended. For documentation purposes, we may request that important communications be confirmed in writing via email or postal mail.