These Terms and Conditions form a legally binding agreement between the Company and the User for the use of this Website. The User acknowledges and agrees the these Terms and Conditions apply to the User's access to, and use of , this Website and the Service available through this Website. In accessing or using this Website or using the Service, the User acknowledges that the User has read and understood, and agrees to be bound by, these Terms and Conditions.
1. In these terms and conditions, unless the context otherwise requires:
a) "Agreement"—means the agreement entered into between the Company and the User for the use of this Website;
b) "User"—means any person who visits or accesses to this Website;
c) "Harmful Code"—means any computer virus, trojan, worm or other computer code that, directly or indirectly, is harmful or disabling or which assists in or enables unauthorised access to or corruption of data;
d) "Materials"—means any content made available by the Company via this Website (including but not limited to information, data, documents, images, photographs, graphics, audio, videos or etc);
e) "Parties"—means the Company and the User;
f) "Company"—means Ti Collection Limited;
g) "Service"—means the supply of product and related services provided to the User by the Company through the Website;
h) "Terms and Conditions"—means these terms and conditions for use of this Website; and
i) "Website"—means this website www.yi-jewel.com operated by the Company.
2. This Website is owned and operated by the Company. No reproduction, republication, upload, copy, transmit, distribution, display or otherwise use of any Materials on this Website is allowed or permitted without prior written consent from the Company.
3. The User acknowledges that despite all reasonable precautions on the Company's part, there is a risk of unauthorised access to, or alteration of, the User's transmissions of data or of information contained on the User's computer system or on this Website. To the maximum extent permitted by law, the Company accepts no liability for any loss and damage which the User may suffer or incur as a result of such activity.
4. This Website may contain links and pointers to other World Wide Websites, resources, and advertisers of this Website. Links to and from this Website to other sites, maintained by third parties, do not constitute an endorsement by The Company or any affiliate of any third party site or content. The Company is not responsible for the availability of these third party resources, or their contents. The Company has not reviewed any or all of the sites linked to this Website. User's linking to the Site, off-Site pages or other sites is at his own risk. By clicking on any such link, User acknowledges that this Website has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and User hereby revokes any claim against the Company with respect to such other sites. User should direct any concerns regarding any external link to its site administrator of Webmaster.
5. The User must not interfere with or disrupt (or attempt to interfere with or disrupt) any servers or networks connected to this Website.
6. All intellectual property rights in the Materials and this Website are owned by the Company. They are the exclusive property of the Company, save and except those otherwise mentioned in paragraph 8 below. The User may not, in any form or by any means: (a) copy, adopt, reproduce. store, distribute, print, display, perform, publish, communicate to the public, make available to public or create derivative works for the whole or any part of the Materials; or (b) commercialize the whole or any part of the Materials, without the Company's prior written consent.
7. If the User uses any of the Company's trademarks in reference to the Company, this Website or the Service, the User must include a statement attributing that trademark to the Company. The User must not use any of the Company's trademark: (a) in or as the whole or part of the User's own trademark; (b) in connection with any business, products or services which are not owned by the Company; (c) in a manner which may be confusing, misleading or deceptive to any person; or (d) in a manner that disparages the Company, the Materials, or this Website.
8. Materials procured from a third party may be the subject to copyright owned by that third party. The User may not use any such Materials without prior consent from their respective owner. All names, logos, trademarks and brands appeared in any products available for sale in this Website are property of their respective owners. All company, product and service names used in this Website are for identification purposes only. Use or display of these names, logos, and brands does not imply endorsement.
Representations, Warranties and Disclaimers
9. The Company does not represent or warrant that this Website or the Service will be uninterrupted or error-free or defect-free.
10. The Company does not represent or warrant to the User that any electronic files available through this Website or the Service will be free of Harmful Code.
11. The Company does not warrant or represent the accuracy, completeness, reliability, update or suitability for the User's intended use of any Materials on this Website. The User are responsible for the use of any information obtained from this Website. The User should make his own enquiries to check if the information on this Website is accurate, complete, reliable, updated and suitable for the User's intended use. All information in the Materials is of a general nature only and is not intended to constitute professional advice. This Website may contain information that includes the views or recommendations of others that are not necessarily the Company views.
12. The Materials in this Websites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, the company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, custom, trade, quiet, enjoyment, system integration and freedom from computer virus. The Company makes no representations or warranties or endorsements of any kind whatsoever, express and implied, as to (i) the Service or (ii) Materials. The Company specifically disclaims all warranties and liabilities with respect to loss, loss of use or corruption of any User's content. The user uses this Website at his own risk.
13. The User warrants that the User will not use this Website and/or the Service for any unlawful purposes and ensure that the User's access to, or use of, this Website and the Service is not illegal or prohibited by law.
Limitation of Liability
14. The Company shall not be liable for any loss and damages (including loss of profits or indirect, consequential, incidental, special, exemplary or punitive loss or damage), howsoever caused (including through our negligence), suffered or incurred by the User arising from or in connection with: (a) the User's access to, or use of, the Service, this Website, any Materials, or any linked websites; (b) any decision or action taken by the User in reliance on any Materials, content or information; or (c) any error or defect in this Website or the Service.
15. The Company may terminate this Agreement, any User account created by the User on this Website and the User access to this Website if the User breaches any provision of these Terms and Conditions. The Company may, at its discretion, terminate this Agreement, any user account created by the User on this Website and the User's access to all or part of this Website without the need to provide reasons. Termination of this Agreement will not end those provisions that are capable of surviving the ending of this Agreement.
16. The User is free to access and/or use this Website. However, the Company shall have right to suspend or terminate the access to or use of this Website or these Terms and Conditions if the User violates any of these Terms and Conditions.
17. The Company reserves its right to suspend or terminate any access to or use of this Website by any User at any time at its discretion and without prior notice.
18. The Company may change, suspend or discontinued any aspect of feature of this Website at any time, including but not limited to any feature, database or content on this Website.
20. These Terms and Conditions embodies all the terms and conditions agreed upon between the Parties as to the subject matter of the Terms and Conditions and supersedes and cancels in all respects all previous correspondence, understandings and agreements between the Parties with respect to the subject matter hereof, whether such be written or oral.
21. The failure of any party hereto at any time to require performance or observance by any other party of any provision of these Terms and Conditions shall in no way affect the right of such first party to require performance of this provision and any waiver by any party of any breach of any provision of these Terms and Conditions shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself or a waiver of any right under these Terms and Conditions.
22. If any of the provisions in these Terms and Conditions are deemed invalid, illegal, prohibited, void, or for any reason unenforceable, that provision will be ineffective and deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.
23. The Contracts (Rights of Third Parties) Ordinance (Cap. 623) shall not apply to these Terms and Conditions and unless specifically herein provided no person other than the parties to these terms and conditions shall have any rights under it nor shall it be enforceable by any person other than the parties to it. The rights of the parties to terminate, rescind, or agree to any amendment, waiver, variation and/ or settlement under or relating to these Terms and Conditions are not subject to the consent of any third party.
24. In these Terms and Conditions, the masculine gender shall include the feminine and neuter and the singular number shall include the plural and vice versa.
25. In these Terms and Conditions, thee headings are inserted for convenience only and shall not affect the construction of these Terms and Conditions.
26. Unless specified otherwise herein, all notices must be in writing and address to the other party's email address. The notice will be deemed given when verified by automated receipt or electronics lots.
27. Should there be any differences or inconsistencies between the Chinese version and the English version of this Agreement, the English version shall prevail.
28. These Terms and Conditions is governed by and shall be construed in all respects in accordance with the laws of the Hong Kong and all the Parties hereto hereby submit to the exclusive jurisdiction of the Hong Kong courts in connection with any matters arising hereunder.
29. The Company reserves the right to amend or modify these Terms and Conditions from time to time. Any changes will be reflected by an update of these Terms and Conditions. The User and any visitor to this Website shall review these Terms and Conditions from time to time.