This sets out the provisions of the Terms for using the website at http://zarie.co (the “Website”).
All references in the Terms to “We/we” and “us” shall mean the Zarie brand or any of its subsidiaries or affiliates (including without limitation Zarie’s holding company and other group members).
Use of Website
- The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations regarding the Website. We make no representation that materials on the Website are appropriate or available for use in any location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws.
- You are prohibited from violating or attempting to violate the security of the Website, including without limitation accessing data not intended for you, logging into a server or account which you are not authorized to access, probing, scanning or testing the vulnerability of a system or network utilized by the Website, breaching the security or authentication measures adopted by us for the Website and interfering with the access to or use of the Website by other users.
- Your breach of the Terms, including without limitation Clause 1(b) above, will subject you to liability on your part, whereupon we shall take legal action against you as we deem necessary.
Contents of the Website
- The maintenance of the Website and all materials and information presented thereon are intended for your personal information only, and shall not be regarded as our offer for sale of or our solicitation to sell any goods or provision of any services. For the avoidance of doubt, pictures of the products on the Website are for reference only.
- Although we have made every effort to display the products on the Website as accurately as possible, the appearance of the products displayed on your computer screen may be affected due to screen defaults or display and color capabilities of your computer monitor. We shall not be held responsible for the limitations of technology and do not guarantee that your monitor’s display of any color, size, texture or detail of the products will be accurate.
- We make no representation or warranty that any product displayed on the Website will be available at all times.
- You warrant that the personal information which you will provide when you register as a member of the Website is true, accurate, complete and not misleading in all respects.
- You must never use the membership account of another registered member. You will be liable for any losses of ours and/or other persons resulting from your unauthorized use of others’ membership accounts.
- You are responsible for keeping the details of your membership account maintained with us secure and confidential. In no event shall we be responsible or liable for any unauthorized use of your membership account by any other person not authorized by us.
Provision and ownership of information
- You irrevocably and unconditionally agree and consent that any and all information including comments, messages, postings, data, suggestions, designs, concepts and other items or materials (save and except for the details of your membership account maintained with us, including without limitation login ID and password) disclosed, submitted or offered to us through or in connection with the Website (collectively the “Information”) are of non-confidential and non-proprietary basis and will become the property of Zarie. We shall be under no obligation to (i) maintain any Information in confidence; (ii) pay to you or anyone any compensation for or in connection with the use of any Information; or (iii) respond to any Information.
- You represent and warrant that no Information on the Website posted by you will (i) violate any applicable law or regulation; (ii) infringe the copyright, trademark, trade secrets or other intellectual property rights of other parties; or (iii) violate the privacy or publicity or other personal rights of other parties.
- You agree not to upload, post, distribute or otherwise publish on the Website any material that (i) is libelous, defamatory, obscene, pornographic, scandalous, abusive or inappropriate; (ii) is illegal or advocates illegal activities; (iii) advertises or solicits funds, goods, services, or disseminates any junk mails, spam, chain letters, schemes or other forms of solicitation; or (iv) contains viruses, worms, corrupted files, or other materials that may cause damage to another’s computer.
- You agree and consent that any Information on the Website posted by you on the Website may be accessed by the other users of the Website for the purposes of accepting, forwarding, identifying, locating and/or replying any such Information. We shall not be responsible for any improper use of the content of such Information on the Website posted by any third party.
- By providing any Information on the Website, you unconditionally grant us a non-exclusive, worldwide, irrevocable and royalty-free right to exercise the copyright, publicity and database rights (but no other rights) you have in the Information in order that we can host and display the same on the Website, and carry out any other lawful purposes, without any compensation to you or any other person.
- You acknowledge that we do not pre-screen or approve any Information posted on the Website by its users, and that we do not monitor the Website at all times. Any reliance by you on the Information posted by other users of the Website shall be at your own risk. You agree that you will be solely responsible for the content, accuracy and truthfulness of the Information posted on the Website by you as well as all consequences of your postings of the Information on the Website. In any event, we shall take no responsibility whatsoever for the Information posted by any users of the Website, or for loss of content of any Information, and do not make any representations or warranties regarding the content, accuracy or truthfulness of any Information on the Website posted by its users.
- We shall have the right to remove any Information posted by any users of the Website which is abusive, illegal, disruptive, or inappropriate at our sole and absolute discretion, without any compensation or recourse to you.
- Without prejudice to Clause 4(g), we shall have the right to limit or even ban the users’ posting of Information on the Website, including but not limited to the period of time of posting and the size of contents of the Information.
- You shall not delete, revise or use any content posted by other users of the Website other than for the purposes of accepting, forwarding, identifying, locating and/or replying the same.
- We do not accept liability for any Information posted on the Website, and the contents thereof do not necessarily represent or reflect our views or opinion.
Intellectual property rights
- You acknowledge and agree that, subject to Clause 4(e) above, the materials on the Website (including without limitation text, images, layout, designs, pictures, graphics, logos, icons, brands, audio and video clips, illustrations, data compilations, software and other proprietary materials contained in the Website) are the intellectual properties owned by us, our licensors or other third parties which are protected by copyright laws and/or other intellectual property laws.
- Without prejudice to Clause 5(a), all trademarks, registered or unregistered, used on the Website are our trademarks or third party licensors, which are protected by all applicable trademark laws. Nothing contained in the Website shall be construed as granting, by implication, any license or right to use any trademarks displayed on the Website.
- You acknowledge and agree that the materials contained in the Website are made available for your reference only; and that you may download or copy such materials solely for your personal non-commercial use, provided that you will not delete or change the copyright, trademark and any other proprietary notices contained in such materials. You will not obtain any right, title or interest in any of such materials as a result of such downloading or copying.
- You irrevocably undertake that, except for your personal non-commercial use, you shall not, and shall not procure, assist or facilitate any third party to, copy, reproduce, transmit, publish, distribute, display, remove, delete, add to, modify, commercially exploit or create derivative works from, or sell or participate in any sale of the materials contained in the Website in whole or in part.
- Any use of the materials on the Website other than those permitted under the Terms is strictly prohibited.
Third party links
Where the Website provides any links to third party websites, these are provided solely as a convenience to you, and shall not in any way be regarded as an endorsement of any kind by us approving the contents on such websites. If you access any linked third party websites, you do so entirely at your own risk. We neither take any responsibility for nor make any representations, warranties or undertakings as to their contents contained therein. Any questions or comments relating to such third party websites shall be addressed to the operators of those websites.
Limitation of liabilities
- We do not warrant that the function, operation or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available will be free of viruses, worms or other harmful elements. You agree that access to the Website and transmission or posting of contents and materials through the Website are undertaken at your own risk. We accept no liability whatsoever and howsoever arising from and/or in connection with your use of or inability to access the Website. We shall also not be responsible or liable to you for any loss of contents or materials uploaded or transmitted through the Website, or any incorrect or delayed transmission of such contents or materials.
- Whilst we endeavor to ensure the integrity of the Website and present the most updated information on the Website at all times, we make no warranty as to the timeliness, accuracy, reliability, completeness or other qualities of the Website and the information therein contained, and shall not be liable for damage of any kind arising from and/or in connection with your use of the Website or the information contained therein. Any error or omission on the Website shall be subject to our correction at any time without any liability on our part.
- The Website and its contents are provided on an “as is” basis without any warranties of any kind whether expressed or implied. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Website, the information contained therein, the products displayed thereon and the services provided thereat.
- We shall not be liable for any failure, delay or default in carrying out our obligations or duties hereunder directly or indirectly caused by or resulted from acts of God, fire, flood, accident, riot, war, terrorist attack, government intervention, embargoes, strikes, labor disputes, equipment failures (including but not limited to internet system failure), or any other causes beyond our reasonable control.
- Without prejudice to any other provisions of the Terms and subject to the applicable laws, our aggregate liability to you for all claims arising from your use of services on the Website and the Website itself shall not exceed the fees you paid for the particular service or product upon which liability is based.
You irrevocably and unconditionally agree to indemnify and hold harmless us, our officers, directors, agents, employees, contractors, other representatives from and against all claims, actions, demands, liabilities, expenses, losses, damages and other costs whatsoever (including but not limited to any claims made against us by any third party) arising from and/or in connection with your use of the Website or breach of the Terms.
- In the event that you have breached or violated, or we suspect that you have breached or violated or attempt to breach or violate, any provision of the Terms or the applicable laws or regulations, we shall have the absolute right to prevent your access to the Website (by way of, including but not limited to, terminating your membership account and blocking your Internet Protocol (IP) address), and remove any and all Information posted by you on the Website, without notice and compensation of any kind to you.
- We shall have no obligation to deliver or return to you any Information posted on the Website at any time which are subject to removal pursuant to Clause 9(a) above.
- We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you. In any event, we shall not be liable to you for any modification to or withdrawal of the Website.
- The provisions of the Terms may be updated, revised, varied and amended from time to time as we deem necessary without prior notice to you. Your continued use of the Website following such revision shall be deemed as your acceptance of the Terms as amended. It is your responsibility to check out the latest Terms whenever you visit the Website.
- From time to time, certain unauthorized persons may register or use a confusingly similar domain name / name / logo or claim themselves as our authorized agents or dealers, with the intention of taking unfair advantage of our reputation and goodwill. We hereby put you on notice that domain name that appears to represent itself as a Zarie website, or website that purports itself having Zarie products available for sale may not be related to us and may represent an unlawful infringement of our rights, reputation and goodwill. We are not responsible and shall not be held liable for any contents, transactions or anything related to such unauthorized website(s).
- The Terms shall constitute the entire agreement between you and us relating to your use of the Website, and shall replace and supersede all other communications (be it written or oral), discussions, letters and contracts relating to the subject matter hereof.
- No failure or delay by us in exercising any right, power or remedy under the Terms shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by us of any of your breach of any provision of the Terms shall be deemed as a waiver of any subsequent breach of that or any other provision of the same.
- Each provision of the Terms shall be enforceable independently of each of the others and its validity shall not be affected if any of the others is invalid. In the event any provision of the Terms is determined to be illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions of the Terms shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there shall be added as part of the Terms one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
The Terms shall be governed by and construed in accordance with the laws of Hong Kong.