Website Disclaimer and Copyright Notice
2. General Disclaimer
(a) Users of any information, materials, content, products and services stored, accessed, obtained, offered or otherwise made available on or through the website and servers of Exquisite shall be at their own risk.
(b) Users accessing the website and servers of Exquisite shall be responsible for satisfying themselves that they are so permitted by the applicable law and under the relevant jurisdiction.
(c) Exquisite and/or our affiliates/group companies and suppliers expressly, to the extent permitted by law, disclaims any responsibility, representation or warranty of any kind:
(i) in relation to the quality, operation, use, accuracy, availability, timeliness or fitness for any purpose of the website or servers of Exquisite including whether they are uninterrupted, error free, virus free, contaminating or destructive;
(ii) in relation to any information, software, products, services and related graphics accessed, offered or obtained through the website or servers of the Exquisite are provided “as is”;
(iii) in relation to the use or reliance of any information, materials and content stored, accessed, obtained, or otherwise made available on or through the website or servers of Exquisite and for any error, omission or misstatement in or arising therefrom;
(iv) for any direct or indirect loss arising from the above.
(d) Exquisite does not endorse or recommend any person, organisation, name, product and service referred to on the website, nor does it constitute or represent Exquisite’s recommendations, advice, views, opinions, attitude, position or standpoint. Exquisite will not be a party to any transaction between the users and any third person in any way relating to the information, materials, content, products and services on the website or made through the servers unless and only to the extent expressly stated in writing otherwise.
(e) The website of Exquisite may contain hyperlinks to other pages which are not maintained by us and for which Exquisite accepts no responsibility. The links are provided to assist visitors to the Exquisite’s site and the inclusion of a link does not imply that we endorse or have approved the linked site. Users accept that access to these pages shall be at their own risk. Exquisite reserves the right, at its sole discretion, to terminate any link or linking program at any time and for any reason it deems appropriate.
3. Limitation of Liability
(a) Exquisite will accept no liability whatsoever for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings or any other loss resulting from your access to, reliance on, or use of, or inability to use the website and servers of Exquisite, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
(b) If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (a) but allows a limitation of a certain maximum extent then our liability is limited to that extent.
(a) All information, materials and content available on the website and servers of Exquisite are protected by copyrights and other intellectual property rights of Exquisite or such other party who has licensed the same to Exquisite. If the user downloads, copies, stores, modifies, transmits, publishes, distributes, reproduces or otherwise uses such information, materials and content without the consent of Exquisite and such other party, the user may infringe these rights. Users are therefore prohibited from downloading, copying, storing, modifying, transmitting, publishing, distributing, reproducing or otherwise using such information, materials and content in a way or for any purpose without Exquisite’s prior approval.
(b) If the user provides any information to Exquisite through Exquisite’s website or servers, the user represents that he owns the information and thereby grants permission to Exquisite to use such information at no cost.
All the trademarks used in the Site are either owned or used by Exquisite under licences from the respective trademark owners. Any third parties may use all these trademarks only with permission from Exquisite. For copyright infringement report, please contact the Customs and Excise Department (Hong Kong).
7. User’s Obligations
The website and servers of Exquisite may be used for lawful purposes only. Subject to other restrictions herein, user agrees:
(a) not to use the information, materials and content on the website for any illegal, improper, obscene or defamatory purpose or engage in any use that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law and regulation;
(b) not to publish, post, upload, distribute, disseminate or otherwise provide to the website or through the servers any inappropriate, defamatory, infringing, obscene, indecent or unlawful information, materials or content;
(c) not to publish, post, upload, distribute, disseminate or otherwise provide to the website or through the servers any information, materials or content that is protected by intellectual property rights or by rights of privacy or publicity unless you own or control the rights thereto or have received all necessary consents to do the same;
(d) not to publish, post, upload, distribute, disseminate or otherwise provide to the website or through the servers any information, materials or content that contain viruses, corrupted files, or any other similar properties that may damage the operation of another’s computer or property;
(e) not to use the website or servers of Exquisite in any manner which could damage, disable, overburden, impair or otherwise interfere with the network or network security of the website or servers of Exquisite;
(f) not to use the website and servers of Exquisite for any commercial purpose which includes modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, materials, content, products and services obtained from the website or servers of Exquisite;
8. Rights of Exquisite
Exquisite reserves the right to terminate, suspend, change, restrict, remove or discontinue any aspect of the website or the servers of Exquisite at any time, without notice and liability, for any reason whatsoever.
9. Governing Law and Severability
The website is controlled by Exquisite from its offices within the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). These Terms and any dispute or matter arising from or incidental to the use of the website shall be governed by and construed in accordance with the laws of the Hong Kong without regard to choose or conflicts of law principles. Hong Kong law governs this disclaimer and notice, and each part of this disclaimer and notice shall apply to the extent permitted thereby. Any part of this disclaimer and notice which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction only to the extent of the prohibition or unenforceability. That does not invalidate the remaining parts of this disclaimer and notice nor affect the validity or enforceability of that part in any other jurisdiction.
If there is any inconsistency or conflict between the English and Chinese versions of this disclaimer and notice, the English version shall prevail