Terms & Conditions
Website
Terms of Use
These terms and conditions apply to all users of the CHARMSMETAL
website (http://www.charmsmetal.com) (the "Website") which is
operated by CHARMS METAL ACCESSORIES COMPANY ("CHARMS METAL",
"we", "us", "our"). Your use of the Website is
governed by these terms and conditions of use ("Terms of Use").
Please read these Terms of Use carefully before using the Website. By using the
Website or any part of it, you agree that you have read these Terms of Use and
that you accept and agree to be bound by them.
1. GENERAL
1.1 In these Terms of Use the following definitions shall
apply:
a.
"Intellectual Property Rights" means any and all intellectual and
industrial property rights now in force or that come into force in the future
in any part of the world whether or not registered or registerable and includes
all applications and rights to apply for registration (and renewals and
extensions of any registration) of such rights as well as all rights of action
and remedies in relation to past infringements including rights in or in
connection with:
(a)
confidential information, business or trade secrets, know-how;
(b)
inventions, patents (including supplementary protection certificates);
(c)
copyright (including the rights to secure copyright renewals and extensions of
copyright, copyright not yet in existence but that comes into existence in the
future and all other rights of a like nature by law in force in any part of the
world);
(d)
trade marks, service marks, business or trade names;
(e)
design rights, topography rights;
(f)
database rights, together with all other rights of a similar or corresponding
character or nature.
b.
"Legal Notice and Disclaimer" means the legal notice and disclaimer
applicable to the Website as extracted below.
c.
"Privacy Policy" means the policy regarding personal data collected
in connection with this Website and the privacy of customers and visitors to
this Website located at http://www.charmsmetal.com/privacy
1.2 The
Legal Notice and Disclaimer and the Privacy Policy are incorporated into these
Terms of Use and these documents, along with these Terms of Use, shall prevail
over any other document including any of our store policies purporting to have
a contractual effect.
1.3 You
agree to provide complete and updated information for registration on this
Website.
1.4 You
agree not to use the Website for any purpose or in any matter that is unlawful
or infringes any third party Intellectual Property Rights.
2. VARIATION OF TERMS OF USE
2.1 We reserve the right to amend these Terms of Use from
time to time in our sole discretion. Customers and visitors are reminded to
review the Terms of Use regularly to ensure that they are familiar with the
most recent version. By accessing and using this Website you agree to be bound
by the most recent version of these Terms of Use.
3. PREVAILING LANGUAGE
3.1 In the event of any discrepancy between the English and
Chinese versions of the Terms of Use, the English version shall prevail.
4. APPLICABLE LAW
4.1 These Terms of Use shall be governed by the laws of the
Hong Kong Special Administrative Region and you and Charms Metal Accessories
company agree to submit to the exclusive jurisdiction of the Hong Kong courts
for determining any disputes arising for or in relation to these Terms of Use.
5. PERSONAL INFORMATION &
PRIVACY
5.1 We respect the privacy rights of visitors to the Website.
Except where specifically stated, all personal information collected by us
shall be handled strictly in accordance with the Privacy Policy located at:
http://www.charmsmetal/privacy
5.2 At
times, you may be required to provide us with personal information. Refusal to
provide such information may mean that you are unable to access certain parts
of this Website, or may render us unable to handle any applications or requests
you may make and/or provide you with any products or services. If you are under
the age of 18, consent from your parent or guardian is required before you
provide us with any personal information.
Legal Notice & Disclaimer
A. INTELLECTUAL PROPERTY RIGHTS
A.1 This Website and any information available on it
including, but not limited to, text, graphics, icons, images, software, source
code and trade marks, are protected by copyright, design, trade mark and other
Intellectual Property Rights owned or controlled by us and/or our licensors.
You may not copy, reproduce, republish, upload, download, post, transmit, store
in retrieval system, modify, alter or display in public or distribute in any
way the contents or any part of this Website for any purpose without our prior
written permission except that you may download materials displayed on the site
for non-commercial, home personal use only as long as you keep all copyright,
trade mark and other proprietary notices intact.
A.2 All
right, title and interest in the Intellectual Property Rights in this Website
shall at all times remain the property of us and/or our licensors. Customers
and visitors are not authorized to use the same unless you have obtained
express written permission from us and/or our licensors, as the case may be.
B. WARRANTIES
B.1 The
information provided on this Website is for reference only. To the extent
permitted by law, we disclaim all implied and/or express warranties and make no
representation as to the accuracy, suitability, applicability or completeness
of any information on this Website. We assume no liability for any loss or
damage arising from the use or reliance of the information on this Website or
for anything posted on or linked to the Website, including without limitation
any mistake, error, omission, infringement, defamation, falsehood or other
material or omission that might offend or otherwise give rise to any claim or
complaint.
B.2 We
disclaim any endorsement or recommendation of any person, organisation, name,
product or service referred to in the Website. We further disclaim all
liability in relation to information or materials posted by advertisers or
sponsors on this Website.
B.3 We
make no warranties or representations in respect of your ability to access the
Website, and do not warrant that the functions of the Website shall be
uninterrupted or error or defect free.
B.4
None of our agents or representatives are authorised to make any warranties,
representations or statements regarding any information on this Website and we
shall not in any way be bound by any such unauthorised warranties,
representations or statements.
C. LIMITATION OF LIABILITY
C.1 By accessing and using this site you acknowledge and
accept that the use of the Website is at your own risk. We shall not be liable
for any direct, indirect, incidental, consequential or punitive damage or for
damages for loss of profit or revenue arising out of any use of, access to, or
inability to use or access the Website. Without limiting the foregoing: THIS
WEBSITE AND ALL INFORMATION AND MATERIALS CONTAINED ON IT ARE PROVIDED "AS
IS" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE,
QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE , PRIVACY OR NON-INFRINGEMENT. WE
HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS
OF THE WEBSITE. WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE
EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR
ACCESS TO THE WEBSITE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION,
SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR
COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE WEBSITE,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY
OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE
OF THE WEBSITE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES
OR OTHER MATERIAL OR INFORMATION TO OR FROM THE WEBSITE.
D. TERRITORY
D.1 The materials on this Website are directed solely at
persons accessing the Website from the Special Administrative Region of Hong
Kong. We make no representation that any product or service referred to on this
Website is available, or appropriate for use for any other location.
E. CHANGES
E.1 We reserve the right, but undertake no duty, to review
edit or otherwise change this Website and any information contained on this
Website at our sole discretion and without notice.
F. GENERAL
F.1 If any provision of these Terms of Use is found to be
invalid or unenforceable by a court of law, such invalidity and
unenforceability shall not affect the remainder of the Terms of Use which shall
continue in full force and effect.
F.2 If
we do not act in relation to a breach of these Terms of Use by you, this does
not waive our right to take action in respect of a similar breach of the Terms
of Use by you in the future.