Important Legal Notice
1. Information About Us
- We are Frey Limited (CR number: 2979708), a company registered and incorporated in Hong Kong SAR. Our HQ is at G04, 9 Queen’s Road, Central, Hong Kong Island, Hong Kong.
- Our email address is: [email protected]
- Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site.
- By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Site.
- Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.
- We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subjected to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms & Conditions by your continued use of the Site after the date such revised Terms & Conditions are posted.
- The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
- Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
- The Site is intended for users who are at least 18 years old, or older depending on your place of residency who are not under guardianship. Persons under the age of 18 or the legal age in your place of residency are not permitted to use or register for the Site.
3. The Contract is between You and Frey
- You may only purchase Products from us if:
- You are legal capable of entering into a binding contract with us (e.g., in Hong Kong, you must be at least 18 years old);
- You are an authorized user of the credit or debit card, or payment account used to pay for your order; and
- You are resident in a country that we deliver to.
- By placing an order, you are offering to purchase a product on and subject to the Terms & Conditions contained herein. All orders are subject to availability and confirmation of the order price.
- Once you have placed your order, you should receive an email acknowledgement confirming that we received your order (but please contact us if you do not receive this email). This acknowledgement of receipt of order does not constitute as an acceptance of order. All orders are subject to availability and acceptance by us.
- After you submit your order, we would immediately contact your bank or card issuer for authorization and take payment form your account. We will not process your order until payment has been authorized.
- If we accept you order, we will confirm this by sending you a further email confirmation confirming that we accept your order and that the order is being processed. It is at this point when the contract is made between you and Frey.
- When your order is ready for dispatch, you will receive another email confirming shipping and delivery information (the “Dispatch Confirmation” or the “Shipping Email”).
- We reserve our right not to accept an order for any reason at its sole discretion, including but not limited to:
- The product you ordered is out of stock or is withdrawn for failure to meet quality standards.
- We are unable to accept your order due to a system error.
- We are unable to obtain authorisation for payment.
- You do not meet the eligibility criteria to purchase as set out in clause 4.1.
Frey.’s customer service team will contact you as soon as possible if we are unable to accept your order.
- As soon as you place your order, we start the order processing which means you will not be able to change it before delivery. However, you may be able to returns the goods under clause 8 of these terms and conditions or under our Returns and Refunds Policy.
- From time to time, we may make minor changes to a product to reflect changes in relevant laws and regulatory requirements.
- These terms and conditions, and any contract between us, are only in the English language.
- Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified. In any event, delivery will take place no more than 30 days after the day your contract is entered into.
- Dispatch time may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Policy for further information.
- If no one is available at your address to receive delivery and the order cannot be posted through your letterbox or left in a safe place, after three failed attempts, we may end the contract and clause 12 may apply. In case of undelivered parcel, you can check “Undelivered Parcel” under our Returns and Refunds Policy for more information.
- Delivery of your order is completed when the courier/ postal service provider delivers the order to the address you provided us, and the receipt of delivery has been signed. The order will be your responsibility from that time onwards.
- The images of products on our Site and in our other advertising materials are for illustrative purposes only. The products you received may vary slightly from those images. Although we make every effort to display and print the colours of the products accurately, we cannot guarantee that your computer’s display of the pictures of the pictures in our other advertising materials, accurately reflect the colours of the products that will be delivered to you.
- Working Days excludes Saturday, Sunday and Public Holidays in Hong Kong SAR.
- If you wish to dispute delivery of your order, you have 14 days starting from the day that the tracking status for your order is updated by the carrier is fulfilled (i.e., updated as delivered to the address set out in the Dispatch Confirmation). We reserve the right to request evidence, before issuing any refund of the price paid and/or any associated delivery costs.
- You can also check our Delivery Policy for more information.
5. International Delivery
- If you order from us for delivery to a destination outside of the Hong Kong SAR:
- Your order may be subject to import duties and taxes which are applied when it reaches the delivery destination. Please note that we have no control over these charges, and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your customs office for further information before placing your order. We will not be liable or responsible if you do not pay any such import duties or taxes.
- You must comply with all applicable laws and regulations of the country for which the order is destined. We will not be liable or responsible if you break any such law; and
- If you return any items to us from a destination outside of Hong Kong SAR, please ensure that the return parcel is marked clearly with the working “Return to Supplier’ or wording having similar effect.
- For further details on returns and refunds for international delivery, please check “International Returns & Exchanges” under our Returns and Refunds Policy.
6. Price and Payment
- The price payable for the products/order shall be as shown on our site in HKD, RMB, EUR or USD. Prices advertised on our Site include VAT/Sales Taxes (where applicable) at the relevant rate chargeable for the time being but exclude delivery charges which are payable in addition and shown separately during the checkout process.
- We can change the prices on our Site at any time without notice. Such changes will not affect orders which we have already accepted. However, if the rate of VAT/ Sales Tax changes after the date of your order, we will adjust such rate you need to pay unless you have already paid for the Products in full before the change in VAT/Sales Tax takes effect.
- We accept payment by Visa, MasterCard, American Express and JCB for all international orders. For orders within Hong Kong SAR, we accept payment by Visa, MasterCard, American Express, JCB and cards supported by China UnionPay.
- You must pay for the Products (including all applicable delivery charges), and we will charge the card you have chosen to use to pay for your order once you reach the final billing page and submit your order. We would immediately contact your bank or card issuer for authorisation to take payment form your account.
- If we accept and process your order but there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as a mispricing, we may end the contract, refund to you any sums you have paid under the contract and require the return of any Products provided to you.
- If you wish to apply a voucher code/ promo code/ discount code (collectively as “Promo Code”) to your order, you must enter the relevant code during the online checkout process. Only one Promo Code can be used per order and additional terms and conditions may apply in respect of each Promo Code. We reserve the right to decline or to accept any Promo Code that is invalid for your order or that has expired.
7. Returns and Refunds Policy
- You may wish to return an item and exchange for a new one. For further information on returns and exchanges, please see our Returns and Refunds Policy here.
- You may wish to return an item and request for refund. For further information on refunds, please see our Returns and Refunds Policy here.
- Where we suspect fraudulent activity, including but not limited to circumstances where there are suspicious claims relating to orders having been placed, but not received, or if we suspect that you are returning items after they have been used or worn, or items returned do not match what you ordered, we reserve the right to withhold refunds and block your account (and any associated accounts) from placing orders in the futures. If this happens to you and you think we have made a mistake, you can contact us, and we will discuss the matter with you further. You can also find relevant information regarding this clause under “Fair Use” of our Returns and Refunds Policy here.
8. Your Right to Cancel the contract (EEA Customers ONLY)
- If you are a consumer in the European Economic Area (“EEA”), you have a legal right to cancel a contract within 14 days after you receive the Products, unless the Products are split into several deliveries over different days in which case you will have until 14 days after the day you receive the last delivery.
- If you wish to cancel a contract under clause 9.1, you need to communicate this to us within the timeframe as set out in clause 9.1. The easiest way to do this is to contract us by email [email protected].
- The right to cancel a contract under clause 9.1 after the Products have been dispatched to you, you must return them to us. You must send the Products to us within 14 days and inform us that you wish to cancel the contract. You will be responsible for the cost of returning Products to us. Please see our Returns and Refunds Policy here for further information about how to return Products to us.
9. Your Right for a Refund (EEA Customers ONLY)
- If you are a consumer in the EEA and you cancel your contract under clause 9.1, we will:
- Refund you the price you paid, subject to the eligibility requirement as set out in the Returns and Refunds Policy here. (Insert Hyperlink) However, please note that we may reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- Refund any charges you have paid for delivery of the Products to you if the entire order were faulty, although the maximum refund for delivery costs will be the least expensive delivery method we offer to your delivery destination.
- Make any refunds due to you by the method you used for your payment.
- Subject to quality inspection upon receipt of the returned Products, 14 days after the day on which we receive the Products back from you.
- 14 days after you inform us of your decision to cancel the contract.
- Please see our Returns and Refunds Policy here for more information about returns and refunds.
10. Faulty Products
- If you are a consumer, we are under a legal duty to supply Products that are in conformity with the contract. Nothing in these terms and conditions will affect your legal rights in relation to Products that are faulty or defective.
- If you consider that any Product we have supplied is faulty or mis-described, please notify us via email at [email protected].
- If you discover that your Product is faulty after 14 days of receipt, we reserve the right to request evidence, such as images of the defect, before issuing any refund of the price paid and/or any associated delivery costs.
For further information, please check “Faulty Goods” under our Returns and Refunds Policy here.
11. Our Rights to Cancel the Contract
- We may end the contract at any time by writing to you if:
- You do not make any payment to us when it is due;
- You do not, within a reasonable time, provide us with information that is necessary for us to provide the Products; or
- You do not, within a reasonable time, allow us or our postal service provider to deliver the Products to you.
- We may also end the contract in the circumstances set out in clauses 7.5 and/or 7.6.
- If we end the contract in any of the situation as set out in clause 28.1, we will refund any money you have paid in advance for the Products we have not provided but we may deduct or charge you reasonable compensation for the costs we will incur as a result of your breaking the contract.
12. Event Outside Our Control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an event outside our control. An Event Outside Our Control means any act, event, omission or accident beyond our reasonable control.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a contract, we will contact you as soon as reasonably possible to notify you and our obligations under the contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- You may cancel a contract affected by an Event Outside Our Control if there is a risk of substantial delay. To cancel a contract under this clause 13, please contact us at [email protected].
- By using the Site, you represent and warrant that:
- all registration information you submit will be true, accurate, current, and complete;
- you will maintain the accuracy of such information and promptly update such registration information as necessary;
- you have the legal capacity, and you agree to comply with these Terms;
- you are not under the age of 18;
- you are not a minor in the jurisdiction where you reside;
- you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
- you will not use the Site for any illegal or unauthorized purpose;
- your use of the Site will not violate any applicable law or regulation.
- If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
- You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
- If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Hong Kong SAR, then through your continued use of the Site, you are transferring your data to Hong Kong SAR, and you expressly consent to have your data transferred to and processed in Hong Kong SAR.
- Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
15. Intellectual Property Rights
- Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Hong Kong SAR, foreign jurisdictions, and international conventions.
- The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
- We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
- All and any intellectual property rights in the Products shall be owned by us or our licensors. All such rights are reserved.
- We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us (the “Notification”). Please be advised that you may be held liable for damages if you make material misrepresentations in the Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider contacting a lawyer first.
16. Prohibited Activities
- You must not misuse this Site. Without limiting the breadth of the foregoing, you may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
- As a user of the Site, you agree not to:
- systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- use a buying agent or purchasing agent to make purchases on the Site.
- circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- engage in unauthorized framing of or linking to the Site.
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- make improper use of our support services or submit false reports of abuse or misconduct.
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- attempt to impersonate another user or person or use the username of another user.
- sell or otherwise transfer your profile.
- use any information obtained from the Site in order to harass, abuse, or harm another person.
- use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- use the Site in a manner inconsistent with any applicable laws or regulations.
17. MOBILE APPLICATION LICENCE
- You shall not:
- decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
- make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
- violate any applicable laws, rules, or regulations in connection with your access or use of the application;
- remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
- use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended;
- make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
- use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
- use the application to send automated queries to any website or to send any unsolicited commercial e-mail;
- use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
- The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:
- the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
- in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
- you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
- you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application;
18. SOCIAL MEDIA
- As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
- You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
- By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
- Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site.
- You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
- We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.
- You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
19. THIRD-PARTY WEBSITES AND CONTENT
- The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
- Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
- You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
- You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
20. SITE MANAGEMENT
- We reserve the right, but not the obligation, to:
- in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
- otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
21. TERM AND TERMINATION
- If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
- In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
22. MODIFICATIONS AND INTERRUPTIONS
- We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
- We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
- We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.
23. GOVERNING LAW
1. These terms and conditions and your use of the Site are governed by and construed in accordance with the laws of the Hong Kong SAR applicable to agreements made and to be entirely performed, without regard to its conflict of law principles.
24. DISPUTE RESOLUTION
- Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the Hong Kong SAR and the Parties hereby consent to, and waive all defences of lack of personal jurisdiction and forum non convenience with respect to venue and jurisdiction in such courts.
- There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
- THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
27. LIMITATIONS OF LIABILITY
- If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss of damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
- We only supply the Products for domestic and private use. If you use the Products for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of anticipated savings, business interruption or loss of business opportunity.
- IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE 3 MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these terms and conditions; (3) any breach of your representations and warranties set forth in these terms and conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site.
- Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
29. USER DATA
- We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
- You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
30. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
- You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
- These terms and conditions and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these terms and conditions shall not operate as a waiver of such right or provision.
- These terms and conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
- If any provision or part of a provision of these terms and conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these terms and conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these terms and conditions or use of the Site.
- You agree that these terms and conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these terms and conditions and the lack of signing by the parties hereto to execute these terms and conditions.
32. CONTACT US
- In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at [email protected].