Terms and Conditions
These Terms and Conditions which may be amended and supplemented by us from time to time (“Terms”) apply to your use of this Website. This Website is powered and provided by Kale by Brian Chris Limited together with its affiliates and associated corporations (if any) (collectively, “we”, “us” or “our”).
(a) Headings are for convenience only and do not affect interpretation. The singular includes the plural and the masculine shall include the feminine and neuter and vice versa. Mentioning anything after includes, including, for example, or similar expression, does not limit what else might be included.
(b) A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
2. License of this Website
(a) Subject to your compliance with these Terms, we grant you access and/or use of this Website on your computer and/or mobile device or otherwise.
(b) Your use of this Website grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to this Website) or the intellectual property rights of our retail or advertising partners.
(c) You must not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party this Website in any way; (ii) modify or make derivative works based upon this Website; (iii) create Internet “links” to this Website; (iv) copy any ideas, features, functions, graphics or other intellectual property products of this Website; or (v) unduly burden or hinder the operation of this Website.
3. Your use of this Website
(a) You agree:
i. to warrant that all information and details provided by you to us (including through this Website or otherwise) are true, accurate, complete and up-to-date in all respects and at all times;
ii. that you will not use this Website: (i) for any unlawful purpose; (ii) in any way that interrupts, damages, impairs or renders this Website less efficient; (iii) to penetrate or attempt to penetrate any security measures; (iv) to advertise or promote third party or your own product(s) and/or service(s); or (v) to cause nuisance, annoyance or inconvenience or do anything which we reasonably believe to be disreputable or capable of damaging our reputation;
iii. to comply with all applicable laws and regulations in Hong Kong (“Relevant Laws”) while using this Website; and
iv. to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms and/or Relevant Laws, whether or not referenced herein.
(b) We reserve the right to suspend, restrict or terminate your access to this Website at any time with notice to you without any liability on our part if we have reasonable grounds to believe you have breached any of these Terms or in our opinion you misuse or otherwise abuse this Website. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
We may from time to time offer promotions on this Website. We reserve the right to amend, suspend, withdraw or terminate, whether in whole or part, any and all such promotions without prior notice and at our absolute discretion.
5. Links and advertisements
This Website may contain advertisements and links to third party websites and payment channels. We shall not be responsible for the contents and accuracy of any advertisement. Any links to third party websites and payment channels are provided solely for your convenience and not in any way as an endorsement by us of the contents on such third-party websites and payment channels. If you access any linked third-party websites, payment channel or advertisement, you do so entirely at your own risk. We shall not be responsible for any transactions between you and any advertisers or third-party websites and/or payment channel operators. You acknowledge and agree that we are not responsible, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with access to, use of reliance on any content available on or through any other site or resource.
By accepting these Terms and using this Website, you agree that you shall defend, indemnify and hold us, our affiliates, our licensors, and each of our and their respective officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms or any Relevant Laws, whether or not referenced herein; (b) your violation of any rights of any third party; or (c) your use or misuse of this Website.
(a) This Website is provided to you on an “as is” basis. We do not guarantee that this Website is compatible with your computer or mobile device or that (the contents of) this Website and our website are free of errors, defects, malware and viruses or that this Website are correct, up to date and accurate.
(b) It shall be your sole responsibility to ensure that your use of this Website is in compliance with the Relevant Laws. Any use of this Website which is not in compliance with the Relevant Laws shall not be construed to be authorized, agreed, permitted, solicited or otherwise endorsed by us. We disclaim all liabilities arising from or relating to your use of this Website which is not in compliance with the Relevant Laws.
(c) The use of this Website is at your sole risk. To the fullest extent permitted by applicable law and unless otherwise agreed by us in writing, we shall not be liable for any damages resulting from or in connection with the use of or inability to use this Website (including but not limited to any consequential, indirect or incidental damages or any loss of profit or damages to your computer or mobile device). Without prejudice to the foregoing and insofar as permitted under applicable law, our aggregate liability shall in no event exceed an amount recoverable by us pursuant to the insurance policies maintained by us (if any).
8. Modification of Terms
We may, at our sole discretion, from time to time amend or otherwise modify or replace any of these Terms, as it deems fit, or change, suspend or discontinue this Website (including but not limited to the availability of any feature or content) by sending you notice through this Website or by posting a notice on our Website, which shall be effective and binding on you upon notice or posting. We may also impose limits on certain features and services without notice or liability. You acknowledge and agree that it shall be your responsibility to review the Terms regularly whereupon the continued use of this Website after any changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.
9. Personal data and privacy
(a) Assignment. You may not assign or transfer any of your rights or obligations under these Terms to any person without our prior written approval. We may assign and transfer any of our rights and obligations under these Terms to any party and notify to you of such assignment or transfer. We warrant that your rights under these Terms shall be maintained by the assignee. You have the right to unilaterally terminate to use this Website if you do not agree with the assignment. By continuing using this Website, you will be considered to agree the assignment.
(b) Notices. We may give notice by means of a general notice on this Website, or by any other means as determined by us from time to time.
(c) Severability. If any provision under these Terms is rendered void, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected by it and shall continue to apply.
(d) Language. The original text of these Terms is in English. In the event of any inconsistency between the English text and any foreign language translation, the English text shall prevail.
11. Governing law
These Terms shall be governed by and construed in accordance with the laws of Hong Kong. In the event of any dispute or matter arising under these Terms, both you and we agree to submit to the exclusive jurisdiction of the courts of Hong Kong.