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;
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;
means the Hong Kong Special Administrative Region of the People's Republic of China;
means other linked site or resource provided by us on the Website;
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;
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;
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;
means any product which may from time to time be available for purchase, redemption or giving away via our Website;
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;
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;
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").
2. Personal Data Privacy
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
5.2 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
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.
6.2.1 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.
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.
8.10.1 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.
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.
13.1 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:
13.1.2 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.
15.1 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
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
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
15.6.2 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:
18.104.22.168 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;
22.214.171.124 you may not access or use our Website for any competitive or commercial purpose;
126.96.36.199 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
188.8.131.52 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.
15.9 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.
15.10 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
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
15.17 Jurisdiction Disclaimer
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.