LAST UPDATED – 20th April, 2019
1. APPLICABILITY AND ACCEPTANCE OF TERMS
These General Terms and Conditions, including all policies referred to herein (these "Terms and Conditions"), apply to:
a. the use of and access to any information, pictures, documents, materials and/or other services ("Services") on the online store owned by or on behalf of and/or operated by or on behalf of Alfary Limited, our parent companies and/or affiliates (collectively referred to as "Alfary," "we" or "us"and the grammatically derivatives thereof shall be construed accordingly) located at www.alfary.com.hk and any successor site(s) (the "Website"); and
b. the sale and purchase of Alfary branded products (the "Products") on the Website.
Please review these terms and conditions carefully prior to using the website. By accessing or using the website, you have agreed and accepted (and you are regarded as having agreed and accepted) to these terms and conditions, which may be amended from time to time without prior notice, effective upon its posting on the website. Each time that you use or access the website, the current version of these terms and conditions will apply. You should check the date of the terms and conditions (which appears above) and review any changes that have been made since your last visit to the website. Your continued use or access of the website shall be regarded as your acceptance of the updated version of these terms and conditions.
If you do not accept these terms and conditions, you should discontinue your access or use of the website. By using or accessing the Website, you represent and undertake that (i) you are of sufficient legal age or otherwise have legal capacity to legally agree to these Terms and Conditions and (ii) you have read, understand and agree to be bound by these Terms and Conditions and (iii) you will use the Website in accordance with applicable law. By accessing the Website you also acknowledge that some content may not be suitable for people under the age of 18.
2. INFORMATION ON THE WEBSITE
All descriptions, images, references, features, content, specifications and prices of Products and services described or depicted on this Website, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of the Products, including the applicable colors; however, the actual color you see will depend on the devices (including computer, mobile phone, tablet or otherwise, collectively "Devices"), and we cannot guarantee that your Devices will accurately display the applicable colors. The inclusion of any Products or services on this Website at a particular time does not imply or warrant that these Products or services will be available at any time. By engaging in a purchase of a Product or service made available by us on this Website (a "Transaction" and collectively "Transactions"), you represent that the Products you order as part of the applicable Transaction will be used in accordance with all applicable laws. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product or service; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any Product or service.
Exclusion of Liability for External Links
3. PHYSICAL ACTIVITY NOTICE
The Website may include features that promote physical activities. Please consider the risks involved and consult your medical professional before engaging in any physical activity. We are not responsible or liable for any injuries or damages you may sustain that may result from your use of, or inability to use these Website.
4. INTELLECTUAL PROPERTY
All trademarks, tradenames, brand names, logos, Product names and titles, whether registered or unregistered, (collectively the "Marks") used on the Website are trademarks or trade names owned, registered and/or licensed by Alfary or third party trademark or trade name holders. The Marks are protected by trademark, copyright and various other intellectual property rights. You are not allowed to use, copy, display or reproduce, in whole or in part, any such Marks as this may constitute an infringement of the respective holders' rights.
Ownership of Design, Images and Content
All Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source code, software and all other materials on this Website (collectively, "Content"), including all copyrights therein, are owned by Alfary and/or its suppliers or subcontractors. The Content is a collective work under the copyright laws of Hong Kong and other countries and protected by applicable copyright laws and treaties the world.
You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent that is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource, or for your other personal and non-commercial use. You are not allowed to make any other use of the information and materials on this Website (including but not limited to the Marks and the Content), including reproduction, modification, distribution or republication for purposes other than as mentioned above. Should you wish to use materials or information from this Website (including but not limited to the Marks and the Content) for any other purpose, you need our prior written approval to do so.
6. INFORMATION YOU PROVIDE/SUBMISSIONS
If you choose to make any information that personally identifies you or other information publicly available on the website, you do so at your own risk.
By making a User Submission, you represent and warrant (i) you own all right, title and interest in and to the User Submission, or you have the necessary approvals and permissions to grant the User Submissions License described above, (ii) the User Submission, and the exercise by Alfary of the rights granted it under the User Submissions License in relation to such User Submission, does not violate applicable law or the intellectual property rights or other rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, privacy and contract rights of others and (iii) your User Submissions do not and shall not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Terms and Conditions.
We do not guarantee that User Submissions will not be lost or damaged or that you will be able to retrieve User Submissions.
7. RESTRICTIONS ON USE
While visiting the Website and participating in, accessing and using the features you must conduct yourself in a polite, courteous and respectful manner, comply with all applicable laws, rules and regulations and supply truthful and non-misleading information. For example, you may not request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person's account; disguise the origin of a User Submission; alter, modify, frame, or "mirror" any Content; create a deep-link to our Website by by-passing our Website's home page; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Website; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Website or interrupt any user's experience on the Website, including, but not limited to, acting in any manner that disrupts users' real-time exchanges; interfere with or disrupt the Website, or servers or network connections to the Website; disobey any requirements, procedures, policies or regulations of networks connected to the Website; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; or attempt to gain unauthorised access to the Website (or any portion thereof).
The above prohibitions are set out as examples only and are not meant to be complete or exhaustive.
You are prohibited from posting or transmitting to the Website any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.
In addition to any remedies that Alfary may have at law if Alfary reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Alfary may take any action it reasonably deems necessary to cure or prevent the violation, including without limitation, the immediate removal from this Website of the related materials. When legally required or at Alfary' sole direction, Alfary will fully cooperate with any law enforcement authorities or court order or subpoena (in each case of competent authority) requesting or directing Alfary to disclose the identity of anyone posting such materials.
You agree to defend, indemnify and hold harmless Alfary and its affiliates, and the directors, officers, employees and agents of Alfary and its affiliates against any losses, liabilities, claims, expenses as a result of (i) your user submissions or your access to or use of the website; (ii) your breach of these terms and conditions (including but not limited to the foregoing prohibitions); (iii) your violation of any third-party right; or (iv) your violation of any applicable laws, rules, regulations, orders or ordinance of any competent authorities. Alfary reserve all rights to take further actions, claim damages and/or apply for other legal remedies.
8. DISCLAIMER OF WARRANTIES
a. You are solely responsible for your interactions with other people, whether online or in person. We are not responsible or liable for any loss or damage resulting from any interaction with other Platforms users, persons you meet through the Platforms, or persons who find you because of information posted on, by or through the Platforms. We are under no obligation to be involved in any user dispute, but may do so at our discretion.
b. We are not responsible or liable for any user generated content or other content posted on the platforms or for any offensive, unlawful or objectionable content you may encounter on or through the platforms.
c. The platforms, user generated content, content, and the materials and products on this platforms are provided “as is” and without warranties of any kind.
d. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. This section does not affect your statutory consumer rights and, in respect of the products, does not exclude or limit in any way our liability for breach of the statutory rights set out under the sale of goods ordinance (cap 26) relating to good title, no encumbrance and quiet possession, correspondence with description, merchantable quality, fitness for purpose and correspondence with sample.
e. We provide no assurance and do not promise any specific results from use of the platforms.
f. We do not represent or warrant that the platforms will be uninterrupted or error-free, that any defects will be corrected, or that these platforms or the server that makes the platforms available are free of viruses or anything else harmful.
g. To the fullest extent permitted by applicable law, we do not make any warranties or representations regarding the use of the materials or content in the platforms in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise.
h. You agree that you download or in whatever way obtain the content at your own risk, and that you will be solely responsible for any damage or loss of data or harm of any kind to your mobile device, computer system or any other device in which you access the platform.
i. We reserve the right to change any and all content and other items used or contained in the platforms at any time without notice.
9. LIMITATION OF LIABILITY
Neither Alfary nor any of its affiliates, suppliers, or service providers will be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, negligence, strict liability or other theory, including without limitation, damages for loss of profits, use, data, loss of other intangibles, loss of security of information you have provided in connection with your use of the website, or unauthorized interception of any applicable information by third parties, even if advised in advance of applicable damages or losses. In particular, and without limitation, neither Alfary nor its affiliates, suppliers, or service providers will be liable for damages of any kind resulting from your use of or inability to use the website or from any content posted on the website by Alfary or any third party unless such damage is the result of any wilful misconduct on the part of Alfary. your sole and exclusive remedy for dissatisfaction with the website is to stop using the website. The maximum liability of Alfary and its affiliates, suppliers, or service providers for all damages, losses and causes of action, whether in contract, tort (including without limitation negligence) or otherwise, shall not exceed HKD500.
While we try to maintain the integrity and security of the Website and the servers from which the Website is operated, we do not guarantee that the Website will be or remain secure, complete or correct, or that access to the Website will be uninterrupted. The Website may include inaccuracies, errors and materials that violate or conflict with these Terms and Conditions. Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any unauthorized third party alteration to the Website, contact us at firstname.lastname@example.org with a description of the material(s) at issue and the URL or location on the Website where applicable material(s) appear.
Some jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these jurisdictions, the relevant limitations or exclusions may not apply to you.
Alfary reserves the right to suspend or terminate your account (and delete the profile corresponding to such account and any accompanying content) or your use of this Website at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Website, Products and services available on or through the Website at any time without notice. You are personally liable for any orders that you place or charges that you incur or are made under your account prior to termination. We shall not be liable to you or any third party for any of the foregoing.
Any sections of these Terms and Conditions that must survive termination in order to give effect to their intent and meaning shall survive termination of these Terms and Conditions. The termination of your account shall not affect any rights of Alfary or any liabilities and obligations of you accrued prior to such termination.
If you have any questions about these Terms and Conditions or the Website, please direct your questions to email@example.com
Changes to these Terms and Conditions
If Alfary decides to change these Terms and Conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. If you continue to use the website after effectiveness of the changed terms and conditions, you are deemed to have fully accepted the changes. All matters and disputes are subject to the final decision of Alfary.
Governing Law and Jurisdiction
These Terms and Conditions (including all policies referred to herein) are governed by the laws of Hong Kong. Any dispute arising from or relating to these Terms and Conditions (or any policy referred to herein) shall be subject to the exclusive jurisdiction of the competent Hong Kong court.
These Terms and Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Alfary.
If any provision of these Terms and Conditions is found to be unlawful, void or for any reason unenforceable, such provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provision.
You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent.
We will not be responsible for failures to fulfill any obligations under these Terms and Conditions due to causes beyond our reasonable control, including but not limited to war, terrorist attack, strike, fire, explosion, flood, earthquake or other natural disaster.
These Terms and Conditions, together with all policies referred to herein, constitute the entire agreement between you and Alfary relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Alfary relating to the subject matter herein.
If there is any inconsistency or ambiguity between the English version and the Chinese version, the English version shall prevail.
Third Party Rights
No person shall have any right under the Contracts (Rights of Third Parties) Ordinance (Cap 623, Laws of Hong Kong) to enforce or enjoy the benefit of any of these Terms and Conditions.