In using the Website you agree to be bound by these Terms and the privacy statement set out at www.loupe.com.hk ("Privacy Statement"). If you do not accept these Terms and the Privacy Statement, you must refrain from using the Website.
To the extent of any discrepancy or inconsistency between these Terms and/or the Privacy Statement in respect of use of the Website, these Terms will prevail. To the extent of any discrepancy or inconsistency between the English and the Chinese versions of the Terms, the English version will prevail.
The Privacy Statement and these Terms may change from time to time and the most current version will be the one available on our Website at www.loupe.com.hk.
Any reference in these Terms to "we", "us" and "our" is a reference to LOUPE or the applicable Affiliate that owns, operates and/or controls the relevant Website.
1. USE OF THE WEBSITE
1.1 You may only use the Website for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations regarding your use of the Website.
1.2 You shall not and shall not attempt to violate the security of the Website including, without limitation: (i) accessing data not intended for you; (ii) logging into a server or account which you are not authorised to access; (iii) probing, scanning or testing the vulnerability of a system or network utilised by the Website; (iv) breaching the security or authentication measures adopted by us for the Website; and (v) interfering with the access to or use of the Website by other users.
1.3 If you breach any Terms you may be subject to civil and/or criminal liability and we may take such legal action as we deem necessary and expedient.
2.CONTENTS OF THE WEBSITE
2.1 The maintenance of the Website and all materials and information presented on the Website are intended for your personal entertainment, information, education and communication only, and shall not be regarded in any way as our offer for sale of, or our solicitation for an offer to buy, any goods or services.
2.2 Pictures of 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 or mobile device screen may be affected due to screen defaults or display and colour capabilities of your computer or mobile device. We are not responsible for the limitations of technology and do not guarantee that your screen's display of any colour, size, texture or detail of the products will be accurate.
3.1 You warrant that the personal information which you provide when you register as a member or user of the Website is true, accurate, complete and not misleading in any respect.
3.2 You must never use the membership or user account of another registered member or user. You will be liable for our losses and/or the losses of other persons resulting from your unauthorised use of others' membership or user accounts.
3.3 You are responsible for keeping the details of your membership or user account maintained with us secure and confidential. In no event shall we be responsible or liable for any unauthorised use of your membership or user account by any other person.
4.SUBMISSIONS AND OWNERSHIP OF INFORMATION
4.1 You agree and consent that any and all information including comments, messages, forum 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, uploaded, posted, emailed, transmitted, distributed, published or offered to us through or in connection with the Website including via email, mail, voice mail or any other form of transmission (collectively, "Submission") are submitted on a non-confidential and non-proprietary basis and will, on submission, become the property of LOUPE. We are under no obligation to: (i)accept any Submission;(ii)maintain any Submission in confidence;(iii)pay to you or anyone any compensation for or in connection with the use, including distribution, of any Submission;(iv)respond to any Submission; or(v)save or retain any Submission.We will preserve the content of any Submission at our sole discretion.
4.2 You are solely responsible for all content that you submit. You represent and warrant that your Submission will not, in any manner: (i)violate any applicable law or regulation or advocate illegal activities;(ii)infringe the copyright, trademark, trade secrets or other intellectual property rights of others;(iii)violate the privacy or publicity or other personal rights of others;(iv)be libellous, defamatory, obscene, pornographic, scandalous, threatening, abusive or hateful;(v)advertise or solicit funds, goods, services or disseminate any junk mail, spam, chain letters, schemes or other forms of solicitation; or(vi)contain viruses, Trojan horses, worms, corrupted files, any other Malware or other materials that may cause damage to another's computer,and you agree not to submit any such material.
4.3 You acknowledge that any Submission posted by you on the Website (including any personal data) may be accessed by other users of the Website for the purposes of accepting, forwarding, identifying, locating and/or replying to such Submission. We shall not be responsible for any improper use of the content of such Submission by any third party.
4.4 You acknowledge that we do not pre-screen or approve any Submission posted on the Website by its users, and agree that you shall be solely responsible for the form, content, accuracy and truthfulness of the Submission posted by you as well as all consequences of your postings on the Website. In any event, we take no responsibility whatsoever for the Submissions posted by any users of the Website, or for loss of content of any Submission, and do not make any representations or warranties regarding the content, truthfulness, reliability or accuracy of any Submission on the Website posted by its users. Any reliance by you on any Submission posted by other users of the Website will be entirely at your own risk.
4.5 You may not use any content posted by other users of the Website other than for the purposes of accepting, forwarding, identifying, locating and/or replying to any content on the Website.
4.6 We may not monitor the Website at all times but reserve the right to monitor it any time. We may remove any Submission posted by you on the Website which is abusive, illegal, disruptive, or inappropriate, in our sole and absolute discretion, without any compensation or recourse to you or any other person.
4.7 Without prejudice to the foregoing, we may limit or even ban your posting of any Submission, including but not limited to the period of time of posting and the size or content of your Submission.
4.8 We do not accept any responsibility or liability for any Submission made on the Website, and the contents thereof do not necessarily represent or reflect our views or opinion.
5.INTELLECTUAL PROPERTY RIGHTS
5.1 You acknowledge and agree that 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 property owned by us, our Affiliates, our licensors or other third parties which are protected by copyright laws and/or other intellectual property laws.
5.2 All trademarks, trade names, and/or logos used on the Website are our registered or unregistered marks, names and/or logos or those of our Affiliates or third party licensors, which are protected by intellectual property laws. Nothing contained in the Website shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademarks, trade names or logos displayed on the Website.
5.3 You acknowledge and agree that the materials contained in the Website are made available for your personal non-commercial use only and that you may download or copy such materials solely for your personal non-commercial use, provided you will not delete or change the copyright, trademark and any other proprietary notices or legends 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.
5.4 You 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.
5.5 Any use of the materials on the Website other than those permitted under these Terms is strictly prohibited.
5.6 To the extent that we do not own the intellectual property rights in any Submission, you unconditionally grant us a non-exclusive, worldwide, irrevocable and royalty-free right to use the Submission in connection with our business purposes.
6.LINKS TO OTHER WEBSITES
6.1 Where the Website provides 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 content 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 (whether express or implied) as to their availability and the content contained therein. Any questions or comments relating to such third party websites shall be addressed to the operators of those websites.
7.DISCLAIMERS AND LIMITATION OF LIABILITY
7.1 To the greatest extent permitted by law, the Website is provided "as is", without any representation, warranty, condition or other term binding on us, whether express or implied, whether based in common law, statute or otherwise, and we specifically disclaim and exclude any and all representations and warranties of any kind in connection with or in relation to the Website, the information contained therein, the products displayed thereon and the services provided thereat. Unless otherwise expressly set forth herein, LOUPE makes no representation that the content and materials on this website are appropriate or available for use in any location. Your access to the Website is on your own initiative and you are responsible for ensuring your use of and access to, the Website complies with all applicable local laws.
7.2 Without limiting the generality of the foregoing, we do not represent or warrant that: (i)your use of the Website will be uninterrupted or error-free;(ii)defects on the Website will be corrected;(iii)the Website, or the server that makes it available, will be free of viruses, Trojan horses, worms, any other Malware or other harmful elements;(iv)the information contained in the Website will be timely, accurate, useful or complete; or(v)the products displayed and the services described on the Website will be available in our retail or online shops at all times.
7.3 We will 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, labour disputes, equipment failures (including but not limited to Internet system failure) or any other causes beyond our reasonable control.
7.4 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 will not be liable to you for any modification to or withdrawal of the Website.
7.5 Except to the extent precluded by applicable law, we and our Affiliates, and our respective officers, directors, agents, employees, contractors and other representatives, exclude all liability arising under, in connection with or related to these Terms and your use of the Website, including all liability for: (i)indirect, special, incidental, consequential or punitive losses, damages or expenses; and(ii)damages for economic loss, loss of profits or loss of any of the following – revenue, clients, bargain, goodwill, anticipated savings and, use of products.
7.6 The exclusion of liability herein applies regardless of the basis on which such liability arises, whether for breach of contract, in tort (including negligence), in equity, under statute, under an indemnity, for breach of conditions and warranties implied by custom, the general law or statute, in respect of any claims by a third party against you or otherwise and whether or not we are aware or should have been aware of the possibility of such loss.
7.7 To the extent that our liability cannot be excluded and we are able to limit our liability, then our maximum aggregate liability for all claims arising from, in connection with or related to your use of services on the Website and the Website itself shall be limited to the amount of HK$100.
8.1 You irrevocably and unconditionally agree to defend, indemnify and hold harmless us and each of our Affiliates and each of our respective officers, directors, agents, employees, contractors and 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, in connection with or related to your use of the Website or your breach of these Terms.
9.1 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 these Terms or the applicable laws or regulations, we may expel you from, and prevent your further access to, the Website (by terminating your membership or user account, blocking your Internet Protocol (IP) address or any other means), and remove any and all content and materials posted by you on the Website, without notice and compensation of any kind to you.
9.2 We shall have no obligation to deliver or return to you any content or materials posted on the Website at any time which are subject to removal pursuant to these Terms.
10.1 We may revise these Terms from time to time without prior notice to you. Your continued use of the Website following such revision shall be deemed as your acceptance of these Terms as amended. It is your responsibility to visit the Website regularly to check out the latest Terms.
10.2 From time to time, cyber squatters or other unauthorised persons may register or use a confusingly similar domain name/name/trademark/trade name/logo or otherwise hold themselves out as having any association with or endorsement from us or our Affiliates. We and our Affiliates may investigate and/or take action against such cyber squatters and unauthorised websites but we are not in any way responsible and shall not be liable for any acts and/or omissions of these cyber squatters and/or the contents, transactions or anything related to any unauthorised websites.
11.1 These Terms constitute the entire agreement between you and us relating to your use of the Website, and shall replace and supersede all other communication (be it written or oral), discussions, letters and contracts relating to the subject matter hereof.
12.1 You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.
13.1 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 these Terms shall be deemed as a waiver of any subsequent breach of that or any other provision of the same.
14.1 The provisions contained in each clause of these 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 these Terms is determined to be illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there will be added as part of these Terms one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
15.GOVERNING LAW AND JURISDICTION
15.1 These Terms are governed by and are to be construed in accordance with the laws of Hong Kong Special Administrative Region of the People's Republic of China.
15.2 All dates and times in these Terms refer to the Hong Kong time zone. Sundays and all Public Holidays in Hong Kong will not be considered as working days for the purposes of these Terms.
15.3 Any dispute, controversy or claim arising out of or relating to the Terms, or the breach, termination or invalidity thereof, will be settled by a court of competent jurisdiction.
16.1 If you have any enquiries relating to the Website, please contact us by email at email@example.com as set out on the relevant Website.