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TERMS OF USE

Welcome to the Website of [My Jewelry Limited] (“My Jewelry”). The following Terms of Use apply to all User of the Website, the home page of which is at www.myjewelryeshop.com. By using the Website, you enter into a binding contract with us on the following Terms of Use, as they may be changed, modified or amended by My Jewelry at any time and posted on the Website. 

 

1. Definitions 

1.1 In this Terms of Use, the following words and expressions shall have the following meaning: 

 

Account

means the account in the records of our Website identified by the Login Name nominated by an applicant for registration and created upon completion of the registration procedures by the applicant; 

 

Content

means all information, data, data compilations, text, software, music, sound, photograph, graphic, layout, designs, image, audio clips, digital downloads, video, message, logos, button icons, HTML code or other material displayed on or available through the Website; 

 

Hong Kong

means the Hong Kong Special Administrative Region of the People's Republic of China; 

 

Linked Site

means other linked site or resource provided by us on the Website; 

 

Login Name

means the sequence of computer readable characters from time to time chosen by you in order to log on to your Account on our Website; 

 

Password

means a sequence of computer readable characters chosen by you from time to time as the password to access to and use your Account on our Website; 

 

Personal Data

means any identifying information or sensitive data (including but not limited to name, identity card number, gender, date of birth, contact details, occupation, telephone number, postal address, e-mail address and credit card Personal Data(number and expiry date, etc) of a person; 

 

Privacy Policy

means the Privacy Policy as changed, modified or amended from time to time and posted on the Website; 

 

Product

means any product which may from time to time be available for purchase, redemption or giving away via our Website; 

 

Sister Companies

means the holding company of My Jewelry, all subsidiaries of such holding company and all companies or bodies corporate in respect of which such holding company or My Jewelry holds an interest equal to or greater than 20% of the voting or capital rights in that company or body corporate; 

 

Terms of Use

means this Terms of Use as amended from time to time and posted on the Website; 

 

User

means any person who access to our Website; 

 

we, our, us

means My Jewelry Limited, a company incorporated in Hong Kong whose registered office is at Units 14 -16, 2nd Floor, Block A, Focal Industrial Centre, No. 21 Man Lok Street, Hung Hom, Kowloon, Hong Kong and, where applicable, its officers, employees and authorized agents; 

 

Website

means this Website established at //www.myjewelryeshop.com; and 

 

you and your

means User of the Website and, where applicable, include any business with which you are associated and on behalf of which you use our Website ("your business"). 

 

1.2 If the context of this Terms of Use so permits or requires, words importing any gender shall include the other genders, words in the singular number shall include the plural number and vice versa, and any reference to a person shall include that person's successors, representatives and permitted assigns. 

 

1.3 References in this Terms of Use to Clauses are references to the clauses of this Terms of Use. Clause headings are strictly for the purpose of general reference only and shall not affect the meaning or interpretation of any of the provisions of this Terms of Use. 

 

1.4 In the event that there is any inconsistency between the English and the Chinese versions of this Terms of Use, the English version shall prevail. 

 

2. Personal Data Privacy 

2.1 For information about our privacy policy and practices, please refer to our Privacy Policy. 

 

3. Complete Terms of Use 

3.1 This Terms of Use and the Privacy Policy are hereby incorporated as if they were set forth fully herein and they represent the complete agreement between you and us concerning your use of our Website. Individual sections may contain its own rules (if any) that are specified to its respective activities and you shall go through each of them separately before you enter into each of such sections. 

 

4. Authority 

4.1 You represent to us and to all suppliers of Products and services through our Website that all purchases made by you through our Website will be within the scope of your authority to conclude contracts on behalf of your goodself or your business (if any). 

 

5. Our Promises 

5.1 We will permit you to access to, use and interact with our Website subject to this Terms of Use. 

 

5.2 We will:

5.2.1 exercise reasonable care in compiling our Website;

5.2.2 use reasonable effort to make our Website available to you at all times; and

5.2.3 take the steps set out in our Privacy Policy to secure any Personal Data and credit card information you give us. 

 

6. Covenants 

6.1 You shall only use the Website for your personal and commercial use and you are solely responsible for all Content privately transmitted by you or your business on or through our Website. 

 

6.2 You shall not use our Website for any purpose that is unlawful or prohibited by any applicable laws or by this Terms of Use. Without limiting the generality of the foregoing, you shall not: 

 

6.2.1 trespass, break into, access to, use or attempt to trespass, break into, access to or use any other parts of our servers and/or any data areas in connection with our Website; 

6.2.2 download, post, publish, transmit, reproduce or distribute in any way any component of our Website or any Content obtained through our Website which is protected by copyright or other proprietary right of any third party, or create derivative works with respect thereto;

6.2.3 allow others, directly or indirectly, to use your Login Name or Password to access your Account; or

6.2.4 collect or store Personal Data about other User. 

 

6.3 We reserve the rights, from time to time and without notice, to access to your Account or to observe and record your access to and use of our Website to determine whether you are complying with this Terms of Use. 

 

7. Indemnity 

7.1 You agree to indemnify and hold us and our Sister Companies, officers, directors, agents, employees and co-branders harmless from and against any losses, claims, liabilities, damages, demands, costs and expenses (including all legal fees) incurred or suffered by us in connection with or arising from your breach of this Terms of Use and/or your use of our Website or the services provided by our Website. 

 

8. Exclusions, Disclaimer of Warranties and Limitation of Liabilities 

8.1 Our Website is provided to our User and prospective customers on an “as is” and “as available” basis and without warranty of any kind. We and our Sister Companies disclaim all warranties whether express or implied. 

 

8.2 In no event will we and our Sister Companies be liable to any party for any direct, indirect, incidental, special, consequential or punitive e damages for use of our Website or any other Linked Site including, without limitation, lost of profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from use of or reliance on the information present, even if we are expressly advised about the possibility of such damages. 

 

8.3 We do not represent or warrant that access to our Website, or any part of it will be uninterrupted, reliable or fault free. 

 

8.4 You agree that your use of our Website is at your sole risk. 

 

8.5 We do not represent or warrant to you that our site or any of its Contents will be accurate, complete or reliable. 

 

8.6 We do not represent or warrant that:

8.6.1 any services (whether or not provided by us) will be provided with due care and skill; or

8.6.2 any Products (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us) , or will be of non-infringement. 

 

8.7 To the extent permitted by laws, we exclude all liabilities (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:

8.7.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our Website or any information on our Website.

8.7.2 the unavailability of our Website (or any part of it), Product or services;

8.7.3 the accuracy, adequacy or completeness of any Content on our Website ;

8.7.4 any delay in providing or failure to provide or make available, Product or services or any negligent provision of Product or services;

8.7.5 any Product not being of merchantable quality or fit for its intended purpose;

8.7.6 any information, specifications and descriptions of the Product or the services; 

8.7.7 any misrepresentation on or relating to our Website, the Product or the services (other than a fraudulent misrepresentation made by us or on our behalf).

8.7.8 non-infringement of any third party intellectual property right; and

8.7.9 our Website being free of computer viruses or other harmful elements. 

 

8.8 Any material downloaded or otherwise obtained from or through our Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. 

 

8.9 We do not endorse, warrant or guarantee any materials, Products or services offered through us or our Website. We are not and will not be a party to any transaction between you and any third party. 

 

8.10 Without limiting any exclusion specifically provided for in this Terms of Use, we shall in no event be liable for any costs, damages or liability for :

8.10.1 the failure or alleged failure of any Product; 

8.10.2 the breach or alleged breach of any warranty, express or implied, relating to any Product;

8.10.3 any loss or damage to any such Product; 

8.10.4 any act or failure to act of any shipper or other carrier or any employees or agents thereof of the Product; or 

8.10.5 any unauthorised use of our Website or breach of security relating to our Website. 

 

8.11 You shall exercise and rely solely on your own judgment in using our Website for purchasing [or redeeming] the Product. You specifically agree that neither we nor our Sister Companies shall be responsible for the Content sent out, using and/or included in our Website by any third party. 

 

8.12 Our maximum liability to you in respect of your use of our Website or any Products we provide to you through our Website will be the amount of price paid by you (if any) in respect of that particular online transaction. You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property. 

 

8.13 You agree that each of these limitations is reasonable. 

 

8.14 None of the above exclusion shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by laws, will be limited to the re-supply of Product to you. 

 

8.15 Each of the above exclusions or limitations shall be construed as a separate and severable provision of this Terms of Use. 

 

9. Monitoring 

9.1 Under no circumstances shall we be liable in any way for any Content, including without limitation any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content submitted, posted, e-mailed or otherwise transmitted or made available via our Website. 

 

10. Links to Other Websites 

10.1 Certain links, including hypertext links, in our Website will take you outside our Website. Linked Sites are provided for your convenience and inclusion of any Linked Site shall not imply endorsement or approval by us of such linked Site, its operator or its content. 

 

10.2 We shall not be responsible or liable for the Linked Site or any content, advertising, products, or other materials on or available from such Linked Site or any links contained in the Linked Site or any changes or updates of such Linked Site or links. 

 

10.3 Access to any Linked Site is at your own risk and we shall have no liability arising out of or related to such Linked Site and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Linked Site. Any concern regarding the Linked Site shall be directed to its responsible site administrator or webmaster. 

 

11. Account and Password 

11.1 To access to and use your Account on our Website, you must open an account and complete the registration procedures by providing us with current, complete and accurate information as requested. 

 

11.2 When you register, you will be entitled to nominate your own Login Name and Password. We reserve the right not to accept your registration for any reason at our sole discretion. 

 

11.3 You may not select a Login Name or Password that violates any person's rights or one that in our opinion is offensive, improper or inappropriate. 

 

11.4 As your Password is the means by which we identify you and by which you access to your Account on our Website, you should keep it secure. You shall be responsible for maintaining the confidentiality of your Login Name and your Password and shall be fully responsible for all activities that occur under your Account. 

 

11.5 You shall immediately notify us of any unauthorised use of your Account by any third party or any other breach of security. You shall ensure that you exit from your Account at the end of each session. 

 

11.6 We will not be responsible for any unauthorised access to your Account due to your failure to keep your Password secure or confidential. We shall not be liable for any loss or damage arising from your failure to comply with Clauses 11.4 and 11.5 above. 

 

12. Illegal Acts 

12.1 It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order shall be prosecuted. We track the electronic “fingerprints” of every order placed with us to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our Website. 

 

13. Termination 

13.1 We may terminate your registration or your use of and access to any part or all of our Website or any related services at any time or immediately without any prior notice and at our sole discretion for any reason, including without limitation:

13.1.1 if you are in material breach of any of this Terms of Use;

13.1.2 if we are unable to verify or authenticate any information you provide to us; 

13.1.3 if we believe that your action may give rise to liability of any nature;

13.1.4 if we deem your action unsuitable or inappropriate; and

13.1.5 upon any failure by you to pay the price of the Product ordered by you. 

 

13.2 Any rights that have accrued to either party at the date of termination will remain enforceable after termination. 

 

14. No Commercial Use 

14.1 You agree that you will use our Website only for your goodself only and that you shall not exploit our Website or any of its Contents for any commercial purpose. 

 

15. General 

15.1 Participation in Promotions of Advertisers

Any dealings you may have with any advertisers on the Website or your participation in promotions, including the delivery of and the payment for products and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and the advertiser or other third party. Neither we nor our Sister Companies shall be responsible or liable for any part of any such advertisement dealings or promotions. 

 

15.2 Third Party Rights

Where in this Terms of Use representations and warranties are made to us and to the suppliers of Products and services through our Website, you acknowledge and agree that such representations and warranties are intended to grant rights to and operate for the benefit of, all such suppliers. 

 

15.3 Taxes

We have made every effort to make clear whether the quoted prices for Product available through our Website include any relevant tax or duty or do not. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by the supplier (if any) or by operation of law that is in addition to the price. If return goods are due to tariff issue, there will be deducted postage and 10% of total sales amount for warehousing charges. 

 

15.4 The Use of Your Information

You agree that we may collect, store, and use your Personal Data in accordance with our Privacy Policy. You acknowledge and agree to be bound by the terms of our Privacy Policy. 

 

15.5 Copyright

15.5.1 All rights in the Content of and other material on our Website and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our Website solely in connection with the acquisition of Product through our Website. Any other use of materials on our Website (including reproduction for purposes other than those noted above and alteration, modification, distribution or republication) without our prior written permission is strictly prohibited.

15.5.2 You hereby grant to us a perpetual royalty-free, irrevocable licence to copy, issue copies, communicate to the public, make publicly available and include in a cable programme service (either in whole or in part or in a modified or edited form) any materials you up-load or post to our Website (whether to a bulletin board or otherwise). You acknowledge and agree that such materials is not up-loaded or posted subject to any obligation of confidence. 

 

15.6 Trade Marks

15.6.1 We and our Sister Companies retain all rights regarding our trade marks, trade names and brand names. We and our Sister Companies are the proprietors of these marks or names and all associated logos or images are registered in Hong Kong and other countries. These marks or names and/or our common law trade marks are protected by Hong Kong and international laws and treaties. No licence to the use of such marks or names is granted to you under this Terms of Use or by your use of our Website. Your misuse of the marks or names displayed on our Website is strictly prohibited. You are also advised that we shall aggressively enforce our intellectual property rights to the fullest extent of the laws, including the seeking of civil remedies and criminal prosecution.

15.6.2 All other trade marks, product names and company names or logos used in our Website are of their respective owners. No permission is given by us in respect of the use of any such trade marks, product names, company names, or logos and such use may constitute an infringement of the holder’s rights. 

 

15.7 Limited Licence

15.7.1 Our Website and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, “Materials”) are protected by copyright laws and other international laws and treaties. All Materials are provided by us as a service to its User and current and prospective customers and may be used only for personal information and product ordering purposes.

15.7.2 No right, title or interest in our Materials is conveyed to you.

15.7.3 This is a limited license, not a transfer of title to our Materials, and such licence is subject to the following restrictions:

15.7.3.1 you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit our Website or any of its Materials without our prior written permission;

15.7.3.2 you may not access or use our Website for any competitive or commercial purpose; 

15.7.3.3 you are prohibited from framing and/or using framing techniques to enclose any of the Content and from using meta tags and/or any other hidden text for utilising any of the Content; and

15.7.3.4 you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. We may revoke this limited license at any time for any or no reason. All our rights not expressly granted are reserved. 

 

15.8 Modifications to this Terms of Use and Policies, etc

We reserve the right at any time without notice to revise or change the Content of our Website or this Terms of Use or our Privacy Policy or any policies regarding the use of our Website. Any changes, modifications or amendments to this Terms of Use and our Privacy Policy will be posted on our Website and by continuing to use our Website following any such change, modification or amendment you will signify that you agree to be bound by the revised Terms of Use and Privacy Policy. 

 

15.9 Modifications to Our Website

15.9.1 We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Website or any part thereof with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Website or any part thereof.

15.9.2 We may terminate, change, suspend or discontinue any aspect of our Website, including the availability of any features of our Website, at any time and without notice. We also reserve the right, at our sole discretion, to change, modify, add or remove any portion of this Terms of Use in whole or in part, at any time and without notice. We may terminate the authorisation, rights and license given above at any time and without notice. Your continued use of our Website after any changes to this Terms of Use is posted will be considered acceptance of those changes. 

 

15.10 System Availability

We do not guarantee uninterrupted, continued or secure access to our Website. You agree that your use of the Website is at your own risk and that you will not hold us responsible for any damage or loss caused by your inability to use our Website for any reason whatsoever. We reserve the right to take any part or all of our Website offline for various reasons including but not limited to system maintenance or upgrading. 

 

15.11 No Agency

We and you are independent. No agency, partnership, joint venture, trustee, beneficiary, employer-employee or franchiser-franchisee relationship is intended or created between us and you by your use of our Website. 

 

15.12 Your Communications

We shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to our Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Any personally identifiable information you provide to us through our Website shall be subject to our Privacy Policy. 

 

15.13 Access

We reserve the right at our sole discretion to deny User access to our Website or any part of our Website without notice and to decline to provide the service to any User that is in breach of this Terms of Use. 

 

15.14 Legal Compliance

You shall comply with all applicable laws, statues, ordinances, regulations, rules and codes (whether or not having the force of law) regarding your use of our Website. 

 

15.15 Events Beyond Our Control

We shall not be liable to you for any breach of this Terms of Use or any failure to provide or delay in providing our Product or services through our Website resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident. 

 

15.16 Unenforceability

The enforceability or otherwise of any provisions of this Terms of Use shall not affect the enforceability of the rest of this Terms of Use. 

 

15.17 Jurisdiction Disclaimer

15.17.1 We control our Website from our offices within Hong Kong. We make no representation and do not imply that the materials published on our Website are appropriate or available for use outside Hong Kong. If you access our Website from outside Hong Kong, you do so on your own initiative and you shall be solely responsible for compliance with local laws and rules. This Terms of Use of our Website shall be governed by the laws of Hong Kong, without giving effect to its conflict of laws provisions. You confirm that you have all the requisite approvals for using the Internet and online conduit. 

 

15.18 Application Law and Jurisdiction

Our Website (excluding the Linked Sites) is hosted by us from our office in Hong Kong. By accessing our Website, you agree that any claim relating to our Website shall be governed by the Laws of Hong Kong without giving effect to any principles of conflicts of laws, provided that we reserve the rights to pursue civil or criminal proceedings in any jurisdiction having control over you or your assets. You also agree to submit to the non-exclusive jurisdiction of the Hong Kong courts. 

 

My Jewelry Limited

Units 14 -16, 2nd Floor, Block A, Focal Industrial Centre, No. 21 Man Lok Street, Hung Hom, Kowloon, Hong Kong

Fax: (852) 2367 4732

www.myjewelryeshop.com 

This Privacy Policy is effective on 1 August 2008

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