TERMS & CONDITIONS

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TERMS & CONDITIONS

Terms and Conditions applicable to the use of [www.phiten.hk]. (The “Terms and Conditions)

Any use by you, of the site operated by Phiten (HK) Limited (the “Site”) is conditional upon your acceptance of these Terms and Conditions, together with the documents referred to herein, including our Privacy Policy. We reserve the right to amend these Terms and Conditions from time to time without notice and at our discretion. Please read these Terms and Conditions carefully before you start using this Site. It is your responsibility periodically to review this page for updates to these Terms and Conditions, which shall come into effect once posted. Your continued use of the Site will be deemed acceptance of these Terms and Conditions, including our Privacy Policy.

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS PLEASE LEAVE THE SITE NOW.

All references to ‘our’, ‘us’, ‘we’ or ‘company’ within these Terms and Conditions are deemed to refer to Phiten (HK) Limited.

  1. RIGHTS

    All rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at this Site are owned by us or our licensors. You agree that you are permitted to use this material and/or content only as set out in these Terms and Conditions or as otherwise expressly authorized in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.

  2. INTELLECTUAL PROPERTY

    We are the owner and/or authorized user of all trademarks, design rights, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise expressly indicated. Except as provided in these Terms and Conditions, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Except as provided in these Terms and Conditions, any use or reproduction of the intellectual property is strictly prohibited. You should respect our intellectual property rights and the intellectual property rights of others at all times.

  3. COPYING

    You may view this Site and you are welcome to print hard copies of this Site solely for your lawful, personal, non-commercial use. You must not modify the hard or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Except as otherwise expressly permitted by the Site or authorized in writing by us. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved. You may not offer for sale or distribute over any medium, any part of this Site or any of its content.

  4. NO WARRANTIES

    This Site is provided “as is,” and your use thereof is at your own risk. We, our officers, directors, employees, agents and assigns, disclaim, to the fullest extent permitted by law, all express and implied warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Site will be free from viruses, available or that the contents will be accurate. Although we take reasonable steps to secure the Site, you acknowledge that the internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the Site will be safe from unauthorized access or use. If you do not agree with all the Terms and Conditions then, to the extent permitted by law, your sole remedy is to discontinue using the Site.

  5. THIRD PARTY SERVICES

    The Site may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-Phiten HK website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website. Any arrangement made by you with a third party as a result of you accessing another website via a link from the Site shall be an arrangement between you and the relevant third party and is at your sole risk and responsibility.

    We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.

    Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through the Site, the content thereof, or the products and/or services made available through such websites. If you decide to leave the Site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

  6. YOUR RESPONSIBILITY

    You should always verify the information set out in this Site with independent authorities before acting or relying on it. It is your responsibility to use virus checking software on any material downloaded from this Site and to ensure the compatibility of such software with your equipment. In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party’s consent in relation to such disclosure and that the third party has been informed of, and agrees to, our Privacy Policy and the uses which we may make of such information.

    Any transmission, delivery or use of content and/or data, including a download, through the Site may cause you to incur additional fees or charges, such as data use or texting charges, payable to your mobile network operator, broadband provider or other telecommunication operators. You are solely responsible for such fees/charges and we assume no responsibility for the payment of any such fees/charges. Please check with your mobile network operator or broadband provider for any applicable charges.

  7. NO LIABILITY

    The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law we, our officers, directors, employees, agents and assigns, hereby expressly exclude: (i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and (ii) all liability for any loss, cost or damage (direct, indirect, consequential, or otherwise) suffered by you as a result of your use of the Site or from any computer virus transmitted through the Site, or other sites accessed from this Site, whether such loss, cost or damage arises from our negligence, breach of contract or otherwise and even if we are expressly informed of the possibility of such loss or damage.

  8. INFORMATION SUBMITTED BY YOU

    Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by email, or in any other way. Any information or material submitted by you, and which has not been specifically requested by us, will be deemed not to be confidential, secret or proprietary. You warrant that any such contribution or contact with third parties does comply with those standards, and you indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your failure to comply with those standards. You warrant that you have the right to upload any material that you upload to the Site. You grant us the right and license to use such material. You agree that any information or materials submitted by you to this Site, whether ideas, creative concepts or other materials, may be used, reproduced, distributed and disclosed by us without restriction for any purpose and without payment of any sum or acknowledgement of you as their source. You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.

    We have the right to remove any material or posting you make on the Site. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.

  9. USER INFORMATION

    In the course of your use of the Site, you may be asked to provide personal information to us such as your full name and email address (such information referred to hereinafter as “User Information”). We process information about you in accordance with the Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.

  10. VIRUSES, HACKING AND OTHER OFFENCES

    You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.

    By breaching this provision, you would commit a criminal offence under the Computer Crimes Ordinance enacted in 1993. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

  11. INDEMNITY

    You will indemnify us against any loss, damage or cost incurred by us arising out of your breach of these Terms and Conditions (including our Privacy Policy). You will also indemnify us against any claims that information or material which you have submitted through the Site or to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of: (a) your failure to comply with these Terms and Conditions (including our Privacy Policy); or (b) any such claims regarding information or material which you have submitted through the Site or to us. We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.

  12. RESTRICTION, SUSPENSION AND TERMINATION

    If we believe that you have violated the Terms and Conditions, we reserve the right to withdraw or amend the Site without notice. We may restrict, suspend, disable or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, at any time. Any such restriction, disability, suspension or termination will be without prejudice to any rights which we may have against you in respect of any breach of these Terms and Conditions (including our Privacy Policy) by you. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms and Conditions (including our Privacy Policy).

  13. MISCELLANEOUS

    These Terms and Conditions, including our Privacy Policy, constitutes the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us. The failure by us to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The parties intend each provision of these Terms and Conditions to be severable and distinct from the others. If a provision of these Terms and Conditions is held to be illegal, invalid or unenforceable, in whole or in part, the parties intend that the legality, validity and enforceability of the remainder of these Terms and Conditions shall not be affected. We may cede, assign or otherwise transfer our rights and obligations in terms of these Terms and Conditions to third parties.

  14. COPYRIGHT

    We the intellectual property rights of others, and we ask you to do the same.

In case of any discrepancy between the English and Traditional Chinese versions, the English version shall prevail. If you have any questions regarding the Terms and Conditions, please email us at info@phiten.hk.