Hong Kong X’tals Ltd (“HKC”) operates this website (i.e., the website located at www.HongKongCrystal.com) that provides online access to information about products and services available from HKC (respectively the “Products” and “Services”) and facilitate transactions for the purchase of Products (the “Purchase”). This website is hereinafter referred to as the “Site”.
By accessing and using the Site, you agree to each of the terms set forth herein (“Terms of Use”). By ordering Products online through the Shopping Cart on this Site (the “eOrder”), you agree to the Terms of Use and additionally the Terms and Conditions for eOrder, set forth below.
These Terms of Use, together with the Terms and Conditions for eOrder, are referred to as this “Agreement”. HKC, its directors, officers and staff member are hereinafter collectively described as “HKC Parties”.
1. Access to Site.
No Registration is required for accessing the Site. No warranty is given as to the Site’s availability, for which HKC reserves the right to suspend or deny the use by person or persons without prior notice.
2. Intellectual Property.
The intellectual property of the content of this Site (“Content”) is protected by Hong Kong and applicable international copyright, trademark and other laws, and respectively belongs to HKC or its partners, affiliates, contributors or third parties.
HKC grants you a personal, non-exclusive, non-transferable license to use the Site, the Purchase and the Content and to download, print and store portions of the Content that you select, provided that: (1) you only use these copies of the Content for your own internal business purposes or your personal, non-commercial use; (2) if you are a commercial aggregator of data, or other commercial user, do not copy or post the Content on any platform or transmit, distribute, publish or broadcast the Content through any media; and (3) you do not modify or alter the Content in any way, or delete or change any intellectual property right notice. No right, title or interest in any downloaded Content or materials is transferred to you as a result of this license. HKC and the respective owner(s) reserves complete title and full intellectual property rights in any Content you download from the Site, subject to this limited license for you to make personal use of the Content as set forth herein.
You may not use any of the marks or logos appearing throughout the Site without express written consent from the intellectual property right owner, except as permitted by applicable law.
You may not mirror, scrape, or frame the home page or any other pages of the Site on any other website or web page, likewise may not create links to this Site that bypass the home page or other parts of the Site without written permission. This prohibition is not intended to restrict the non-commercial activities of individuals.
3. General Disclaimers
a. Status Quo of Products.
The Products are sold on an “as-available” basis. The Site, the Purchase and the Content are provided “as-is” and on an “as-available” basis. Your obligations and HKC’s remedies with respect to defective or nonconforming Products, are solely and exclusively as stated in this Agreement.
b. Technical Assistance and Design Support Service.
HKC offers its Technical Assistance and Design Support Service solely as a complimentary service to HKC (prospective) customers without charging a fee. HKC Technical Assistance and Design Support Service strives to provide related information regarding the Products. HKC does not warrant that any information or recommendation provided is accurate, complete, correct, best-justified for a certain case or fit for a particular purpose. HKC disowns responsibility or liability whatsoever in connection with any information or recommendation provided, or your reliance on the same. You are encouraged to seek independent third party advice and be solely responsible for analyzing and determining the appropriateness of any information or recommendation provided by HKC Technical Assistance and Design Support Service, and any reliance on such information or recommendation is at your sole risk and discretion.
c. Correction of Errors and Inaccuracies.
TThe Content may contain typographical errors or other errors or inaccuracies and may not be complete or up-to-date. HKC reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. HKC does not, however, guarantee that any errors, inaccuracies or omissions will be corrected./p>
d. Geographic Limitations on Use.
This Site is accessible worldwide. However, not all HKC Products, Services or Purchases are available to all persons and/or in all geographic locations. HKC reserves the right to limit the provision of its Products, Services and Purchases to any person, geographic area or jurisdiction and to limit the quantities of any Products or Purchases that it provides. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.
4. Limitation of Liability.
In no event shall any of the HKC Parties be liable to you or to any third party for any indirect, incidental, special, consequential, punitive or exemplary damages (including without limitation lost profits, lost savings, or loss of business opportunity) arising out of or relating to (i) any Product or Purchase provided or to be provided by HKC, or the use or inability to use the same, (ii) the use of or inability to use the Site, the Purchase, or the Content, (iii) any transaction conducted through or facilitated by the Site; (iv) any claim attributable to errors, omissions, or other inaccuracies in the Site, the Purchase and/or the Content, (v) unauthorized access to or alteration of your transmissions of data, (vi) statements or conduct of any third party on the Site or the Purchase, or (vii) any other matter relating to the Products, the Site, the Purchase, or the Content, even if any of the HKC parties has been advised of the possibility of such damages. Subject to the foregoing, in no event shall the liability of any of the HKC parties for Products exceed ten (10) times the purchase price for the Products, regardless of the legal theory asserted for such liability, whether in contract, tort, by operation of law or otherwise.
If you are dissatisfied with the Site, the Purchase, the Content, or with the Terms of Use, your sole and exclusive remedy is to discontinue using the Site. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk.
5. Indemnification.
You understand and agree that you are personally responsible for your use or inability to use the Products, your reliance upon any information or recommendation provided by HKC Technical Assistance and Design Support Service, and your behavior on the Site. You agree to indemnify, defend and hold harmless the HKC Parties and HKC’s joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Purchase from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, indirect, incidental, consequential, exemplary damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Products, the Site, the Purchase or the Content, your reliance upon any information or recommendation provided by HKC Technical Assistance and Design Support Service, or any violation by you of this Agreement.
6. User Conduct.
You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. Except as otherwise authorized by HKC, you agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of third parties.
7. No Unlawful or Prohibited Use.
As a condition of your use of this Site, you warrant to HKC that you will not use the Site for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
8. User Supplied Information.
If you supply or post any information or material to the Site, you are deemed to having warranted to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you give HKC the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
9. Materials Provided to HKC or Posted at the Site.
HKC does not claim ownership of the materials you provide to HKC (including feedback and suggestions) or post, upload, input or submit to the Site or its associated Purchases (collectively “Opinion”). However, by posting, uploading, inputting, providing or submitting your Opinion you are granting HKC, its affiliated companies and necessary sublicensees permission to use your Opinion in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Opinion; and to publish your name in connection with your Opinion, and the right to sublicense such rights to any supplier of the Site. No compensation will be paid with respect to the use of your Opinion, as provided herein. HKC is under no obligation to post or use any Opinion you may provide and may remove any Opinion at any time in HKC’s sole discretion. Conversely HKC is under no obligation to remove your Opinion, Supplied Information from its servers and/or backup copies.
By posting, uploading, inputting, providing or submitting your Opinion you warrant and represent that you own or otherwise control all of the rights to your Opinion as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Opinions.
10. Use of Forum.
The Site may contain message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Forums” and individually “Forum”). You agree to use the Forums only to post, send and receive messages and material that are proper and related to the theme of a particular Forum. Not as a limitation, you agree that when using the Forums, you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes; upload or otherwise make available files that contain images, photos, software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; use any material or information, including images or photographs, which is made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; advertise or offer to sell or buy any goods or Purchases for any business purpose, unless such Forum specifically allows such messages; conduct or forward surveys, contests, pyramid sales schemes or chain letters; download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Forums; violate any code of conduct or other guidelines which may be applicable for any particular Forum; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations; create a false identity for the purpose of misleading others.
HKC has no obligation to monitor the Forums. However, HKC adopts the “Note & Drop” practice and reserves the right to review materials posted to a Forum and to remove any materials in its sole discretion.
HKC reserves the right to deny your access to any or all of the Forums at any time without notice or for any reason whatsoever.
HKC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HKC’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Forum. HKC does not control or endorse the content, messages or information found in any Forums and, therefore, HKC specifically disclaims any liability with regard to the Forums and any actions resulting from your participation in any Forum.
Materials uploaded to a Forum may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.
11. Modification of these Terms of Use
HKC reserves the right to change the terms and conditions under this Site is offered, including but not limited to the charges, if any, associated with its use. You are responsible for regularly reviewing these terms and conditions and your continued use of the Site acknowledge your agreement.
12. General Provisions.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by HKC of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Agreement, all of which will remain in full force and effect. Any and all disputes relating to the Agreement, HKC’s Privacy & Data Disposal Statement, or your use of the Site, the Purchase/Products/Services, or the Content (collectively, “Disputes”) are exclusively and conclusively governed by and interpreted in accordance with, the laws of Hong Kong Special Administrative Region, without regard to any conflict of laws provisions.
The 1980 United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods, and any subsequent revisions thereto, do not apply to this Agreement.
Any Dispute will be venued in a court situated in Hong Kong, and you hereby irrevocably submit to the personal jurisdiction of such court for that purpose. You hereby undertake not to raise such conclusive choice of forum as a procedural issue.
No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of HKC. The obligations, rights, terms and conditions hereof will be binding upon and inure solely to the benefit of the parties hereto and their permitted respective successors and assigns.
IF YOU ARE DOMICILED IN A JURISDICTION WHICH PRESCRIBES DEFAULT CHOICE OF LAW AND VENUE OTHER THAN HONG KONG, STOP USE THIS SITE OR IF YOU CONTINUE SUCH USE, YOU WILL BE DEEDMED TO HAVE CONTRACTED OUT AND ADOPT THE PROVISIONS HEREIN.
13. Changes to the Agreement
HKC may change this Agreement with your affirmative consent. The means of obtaining your affirmative consent to such a change includes, without limitation, by means of a “click-through” amendment to this Agreement that is presented to you and that you accept upon your logging on to use certain Purchases on the Site that require Identification. HKC may also change this Agreement without your affirmative consent if HKC provides you with at least seven (7) days’ prior written notice. The means of providing this notice includes, without limitation, HKC providing on the Site’s homepage a prominent and conspicuous hyperlink to a webpage that expressly sets forth such changes.
As part of the registration process (if any) to become a registered user of certain functionality on the Site, as a default, you elect to receive e-mails notifying you of changes to this Agreement and/or other HKC policies (e.g., the Privacy & Data Disposal Statement); you may elect not to receive these e-mails, and thereby waive any requirement of HKC to provide you with notice of any such changes, by opting out of this default. Notwithstanding any provision of this Agreement to the contrary, HKC may make changes to this Agreement without notice to comply with applicable laws, and such changes shall be binding on you and HKC. Except as otherwise set forth in this Section, any amendment to this Agreement must be in writing and signed by you and an authorized representative of HKC.
14. Privacy and Protection of Personal Information
See the PRIVACY & DATA DISPOSAL STATEMENT for disclosures relating to the collection and use of your personal information.
15. Terms and Conditions of eOrder
If you proceed further to place order for the purchase of Products through this Site, these Terms and Conditions shall apply in addition. [click here]
16. GENERAL
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HKC as a result of this agreement or use of the Site. You agree to indemnify and hold HKC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Site. HKC reserves the right to disclose any personal information about you or your use of the Site, including its contents, without your prior permission if HKC has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of HKC or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others.
HKC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HKC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by HKC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HKC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HKC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
17. QUESTIONS OR ADDITIONAL INFORMATION.
If you have questions regarding this Agreement, please email to : [email protected].
This Terms of Use was last updated: 5th September, 2013