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TERMS AND CONDITIONS
LAST UPDATED – 27th July, 2020
1. APPLICABILITY AND ACCEPTANCE OF TERMS
- These General Terms and Conditions, including all policies referred to herein (these "Terms and Conditions"), apply to
a. the use of and access to any information, pictures, documents, materials and/or other services ("Services") on the online store owned by or on behalf of and/or operated by or on behalf of SMCP Asia Limited, our parent companies and/or affiliates (collectively referred to as "SMCP," "we" or "us" and the grammatical derivatives thereof shall be construed accordingly) located at www.maje.com.hk and any successor site(s) (the "Website"); and
b. the sale and purchase of SMCP branded products (the "Products") on the Website.
- PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY PRIOR TO USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU HAVE AGREED AND ACCEPTED (AND YOU ARE REGARDED AS HAVING AGREED AND ACCEPTED) THESE TERMS AND CONDITIONS, WHICH MAY BE AMENDED FROM TIME TO TIME WITHOUT PRIOR NOTICE, EFFECTIVE UPON ITS POSTING ON THE WEBSITE. EACH TIME THAT YOU USE OR ACCESS THE WEBSITE, THE THEN CURRENT VERSION OF THESE TERMS AND CONDITIONS WILL APPLY. YOU SHOULD CHECK THE DATE OF THE TERMS AND CONDITIONS (WHICH APPEARS ABOVE) AND REVIEW ANY CHANGES THAT HAVE BEEN MADE SINCE YOUR LAST VISIT TO THE WEBSITE. YOUR CONTINUED USE OR ACCESS OF THE WEBSITE SHALL BE REGARDED AS YOUR ACCEPTANCE OF THE UPDATED VERSION OF THESE TERMS AND CONDITIONS.
- IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD DISCONTINUE YOUR ACCESS OR USE OF THE WEBSITE. By using or accessing the Website, you represent and undertake that (i) you are at least 18 years of agree or otherwise have legal capacity to legally agree to these Terms and Conditions and (ii) you have read, understand and agree to be bound by these Terms and Conditions and (iii) you will use the Website in accordance with applicable law. The Website, Services and content are not intended for and may not be suitable for people under the age of 18.
2. INFORMATION ON THE WEBSITE
- Product Descriptions
All descriptions, images, references, features, content, specifications and prices of Products and services described or depicted on this Website, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of the Products, including the applicable colors; however, the actual color you see will depend on the devices (including computer, mobile phone, tablet or otherwise, collectively "Devices"), and we cannot guarantee that your Devices will accurately display the applicable colors. The inclusion of any Products or services on this Website at a particular time does not imply or warrant that these Products or services will be available at all times. By purchasing a Product or service made available by us via this Website (a "Transaction" and collectively "Transactions"), you represent that the Products you order as part of the applicable Transaction will be used in accordance with all applicable laws. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product or service; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any Product or service, and we will notify you of such restrictions in so far as they apply to you.
- Exclusion of Liability for External Links
4. INTELLECTUAL PROPERTY
All trademarks, tradenames, brand names, logos, Product names and titles, whether registered or unregistered, (collectively the "Marks") used on the Website are trademarks or trade names owned, registered and/or licensed by SMCP or third party trademark or trade name holders. The Marks are protected by trademark, copyright and various other intellectual property rights. You are not allowed to use, copy, display or reproduce, in whole or in part, any such Marks as this may constitute an infringement of the respective holders' rights.
- Ownership of Design, Images and Content
All Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source code, software and all other materials on this Website (collectively, "Content"), including all copyrights therein, are owned by SMCP and/or its suppliers or subcontractors. The Content is a collective work under the copyright laws of Hong Kong and other countries and protected by applicable copyright laws and treaties the world.
- Limited Use
You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent that it is necessary for the purpose of placing an order with us, or for your other personal and non-commercial use. You are not allowed to make any other use of the information and materials on this Website (including but not limited to the Marks and the Content), including reproduction, modification, distribution or republication for purposes other than as mentioned above. Should you wish to use materials or information from this Website (including but not limited to the Marks and the Content) for any other purpose, you need our prior written approval to do so.
6. INFORMATION YOU PROVIDE/SUBMISSIONS
- By making a User Submission, you represent and warrant that (i) you own all right, title and interest in and to the User Submission, or you have the necessary approvals and permissions to grant the User Submissions License described above, (ii) the User Submission, and the exercise by SMCP of the rights granted to it under the User Submissions License in relation to such User Submission, does not violate applicable law or the intellectual property rights or other rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, privacy and contract rights of others, and (iii) your User Submissions do not and shall not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Terms and Conditions.
- We do not guarantee that User Submissions will not be lost or damaged or that you will be able to retrieve User Submissions.
7. RESTRICTIONS ON USE
- Prohibited Actions
While visiting the Website and participating in, accessing and using the features you must conduct yourself in a polite, courteous and respectful manner, comply with all applicable laws, rules and regulations and supply truthful and non-misleading information. For example, you may not: request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person's account; disguise the origin of a User Submission; alter, modify, frame, or "mirror" any Content; create a deep-link to our Website by by-passing our Website's home page; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Website; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Website or interrupt any user's experience on the Website, including, but not limited to, acting in any manner that disrupts users' real-time exchanges; interfere with or disrupt the Website, or servers or network connections to the Website; disobey any requirements, procedures, policies or regulations of networks connected to the Website; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; or attempt to gain unauthorised access to the Website (or any portion thereof).
The above prohibitions are set out as examples only and are not meant to be complete or exhaustive.
- Prohibited Submissions
You are prohibited from posting or transmitting to the Website any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SMCP AND ITS AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF SMCP AND ITS AFFILIATES AGAINST ANY LOSSES, LIABILITIES, CLAIMS, EXPENSES AS A RESULT OF (I) YOUR USER SUBMISSIONS OR YOUR ACCESS TO OR USE OF THE WEBSITE; (II) YOUR BREACH OF THESE TERMS AND CONDITIONS (INCLUDING BUT NOT LIMITED TO THE FOREGOING PROHIBITIONS); (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT; OR (IV) YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES, REGULATIONS, ORDERS OR ORDINACE OF ANY COMPETENT AUTHORITIES.
8. TERMS OF SALE
The Website is only intended to sell Products to adults who are at least 18 years old. If you are under 18 years old, please only use the Website with the participation of your parent or guardian.
SMCP guarantees the authenticity of all Products purchased on the website.
You can place an order via our Website either as a registered user or as a guest though our guest checkout function. You need an email address and a mobile phone number to place an order, and you may need to set your browser to accept both cookies and pop-ups in order to be able to use all the functionalities of the Website, which includes adding Products to your shopping cart and submitting your order.
- Establishing an Account
In order to purchase Products/services from the Website and in order to access/use some features on the Website, you may establish a user account with us. However, you may only establish an account if you are 18 years of age or over.
- Offer to Purchase
All information on the Website is only an invitation to treat and is not an offer or unilateral contract. You agree that the submission of your order is an offer to purchase the Products listed in your order from SMCP on these Terms and Conditions. Our shipment to you of the Products you have ordered amounts to our acceptance of your offer to purchase the relevant Products.
All prices are indicated and charged in Hong Kong dollars ("HKD").
Orders on the Website and deliveries are possible only in certain regions and areas within the Hong Kong Special Administrative Region ("Hong Kong") of the People's Republic of China. If SMCP is not able to execute an order, SMCP will inform you as quickly as possible.
- Quantity Limits & no purchase for resale
Orders are accepted only in quantities usual for households. The Website is intended solely for SMCP to sell Products direct to end consumers, and therefore purchase of Products for resale is strictly prohibited. Purchase for resale means the purchase of a Product by someone who resells, or intends to resell, the Product to others (consumers, businesses or any third party). If SMCP believes you are involved in purchase for resale, SMCP reserves the right to take any action against you, including, without limitation, to restrict your access to or use of the Website, restrict sales to you, cancel your orders, and/or suspend or close your account.
- Confirmations and Acceptance
When you submit an order, we will send you an email acknowledging receipt of your order ("Order Confirmation"). This does not mean that we have accepted your order.
OUR ACCEPTANCE OF THE ORDER WILL NOT TAKE PLACE UNLESS AND UNTIL (I) WHEN THE PRODUCTS ARE SHIPPED TO YOU, AND (II) WE WILL SEND YOU AN EMAIL CONFIRMING THAT THE PRODUCTS HAVE BEEN SHIPPED ("SHIPPING CONFIRMATION").
- Stock Limitations
Products on the Website are in stock and are ready to be sent. Any sizes that are out of stock are marked as unavailable. We may have stock issues from customers ordering Products at the same time. When we are unable to ship an item already ordered, we may cancel that part of your order and you will be reimbursed or not charged accordingly. We work hard to keep our stock levels as accurate as possible. Occasionally, errors may occur. If the Products you are looking for are sold out, you may wish to check availability with your SMCP store, through our Store Locator, or, as our stocks are regularly replenished, return to our online collection at another time.
- Cancelling Orders
If you have placed an order in error, or would like to cancel an order before it is delivered, please immediately contact SMCP's customer service by phone or e-mail us at: firstname.lastname@example.org . SMCP will use its reasonable endeavors to consider your request to cancel such order and assist you in any way it can. Any cancellation requests made by you may be accepted or rejected by us in our sole discretion. No cancellation is possible after any Product under the order is shipped. As SMCP always strives for quick deliveries, it means there is not much time available for you to cancel your order.
- No Changes
Please note that we cannot make or accept any changes (including delivery address, size, colour of the Products) once your order has been placed.
- Right Not to Accept Orders
Fulfilment of all orders on the Website is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel an order by written notice to you in the following situations (which list is not intended to be exhaustive), without being liable for any damages or costs other than repayment of any amount received from you in relation to the order we have cancelled:
a. The Product is not available;
b. Your billing information is not correct or not verifiable;
c. Your order is flagged up by our security systems as an unusual order or an order susceptible to or suspected of fraud;
d. We could not deliver to the address provided by you;
e. We believe you are under the age of 18 years old;
f. We believe that you are a reseller;
g. There was an error in the price display on the Website;
h. In the event of misspelling, pricing or other errors or mistakes in the Website information; or
i. Due to circumstances or events beyond our control.
- Payment Method
You can pay for the Products by the payment method as indicated in the checkout page. If you have a promotion code, please enter it in the checkout page in the 'Promotion Discount' field and click on 'Apply'. Please check the expiry date of your promotion code before using it. Please note that you cannot use more than one promotion code for the same purchase order. Not all Products and not all sale of Products are eligible for the promotion code.
- Data Check
During the payment process SMCP may perform credit checks. Based on the outcome thereof SMCP may change, adjust or decline an order and/or the selected payment method. In most cases SMCP will offer you the option to select a different payment method..
- Shipping costs
Your order will be shipped for free.
- Total Price
Total price will be recorded in the Order Confirmation. If payment is made by credit card, such total price will be reflected on your bank statement.
- Price Changes
The prices of the Products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which we have confirmed in the Order Confirmation.
- Retention of Ownership
Any Products purchased from the Website remain the property of SMCP until the payment process in the Website is completed and it is delivered to the Carrier (as defined below).
The Products you order will be sent, via the designated carrier by SMCP, Kerry Express ("Carrier"), to the delivery address that you have given. You agree that all Products ordered via the Website shall be shipped by the Carrier.
- Standard Delivery Time
Generally, delivery time is approximately 2 to 3 business days after the Product(s) under any order is shipped. Please note that we are unable to and we do not accept any orders to ship Products to PO boxes and hotels. The above delivery time is an estimate only, and the exact delivery time will vary depending on the region and district selected for delivery. We only ship on business days. For the purpose of these Terms and Conditions, "business days" mean any days which exclude Sundays and public holidays and any days on which a tropical cyclone warning signal no. 8 or above or a black rainstorm warning signal is issued in Hong Kong at any time between 9:00 a.m. and 5:00 p.m.
IF WE FAIL TO DELIVER THE PRODUCTS WITHIN THE ESTIMATE DELIVERY TIME ABOVE, WE WILL INFORM YOU AND YOUR SOLE AND EXCLUSIVE REMEDY IS TO CHOOSE EITHER TO WAIT FOR PRODUCTS TO BE DELIVERED, OR TO CANCEL YOUR ORDER AND OBTAIN A REFUND. APART FROM THE FOREGOING, WE WILL NOT PROVIDE ANY COMPENSATION TO YOU.
- Acceptance of Products
Please check your ordered Product(s) (including complimentary gifts) in the presence of the Carrier to confirm the quantity, type, color, size and intactness. Please accept the Product(s) only after the forgoing is confirmed by you. In case you discover any shortfall, non-conformity, obvious material or production defects or damage to the Product(s), please e-mail us at email@example.com. Not doing so will not affect your legal rights.
- Passing of property
Property in the Products you have ordered will pass to you once we deliver them to the Carrier. Once the property in the Products have been passed to you, all risk of damage to, or loss of, the Products shall pass to you. If you fail to take delivery or the Carrier is unable to deliver the Products, the title and risk in the Products will still rest with you, and we shall be entitled to charge you for any additional storage costs or delivery fees incurred by us.
12. PROMOTIONAL DISCOUNT
Promotional discounts are non-transferable and there is no cash alternative. Only one promotional code will be accepted per order. The terms and conditions may vary for each promotional code and we reserve the right to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions (which we shall notify to you), and to not accept any promotional code, coupon or similar promotions if it would be contrary to such terms. We reserve the right to cancel an order in the event that an unauthorized promotional code has been used.
13. RETURN OF PRODUCTS
For Products purchased via the Website, you can submit a request to return any Product within seven (7) calendar days from the date of receipt of the relevant Product (based on the date of receipt on the logistics document) ("Return Period"). Please note that we only accept returns if the returned Products meets the "Return Conditions" and do not belong to the "Return Exclusions" (see below).
Please also note that you may process returns online only for purchases made on the Website. You cannot return Products purchased on our Website at Maje Physical Stores, and vice versa.
- Return conditions. The returned Products must meet the following conditions in order to be accepted by us:
a. you must have submitted your request to return the Product within the Return Period;
b. the Products are in their original condition (for example, the Products are kept intact, unused, unwashed or unaltered, no stains or cosmetics on the products) and the conditions for re-sale of the Product has not been affected;
c. the outer package of the Product is intact (including the plastic bag or box, please do not stick any tapes or labels directly on our shoe boxes, please put the shoe box into another box or bag), the Product accessories, instructions, tags, labels, etc. that accompanied the Product are intact and still in your possession;
d. If the Product / parcel included additional gifts (gift with purchase promotion), the gift must be returned together with the Product. The gift needs to be kept and returned in the same condition as it was received. If the gift cannot be returned, we have the right to ask you to pay an amount equal to the price of the gift indicated by us.
e. We will reject and not process any refund o any returned item that has been damaged, soiled, washed, worn or altered, and may return such items to you.
- Return Exclusions: The following items cannot be returned or processed via our Website:
a. Products not sold through our Website, which is the Hong Kong official online store, i.e. www.maje.com.hk;
b. Customized products without quality problems;
c. Underwear, socks and selected limited edition products without quality problems;
d. Where the Product is used, washed, processed (e.g. altered size), soiled or damaged, the logo is cut, and other merchandise not in re-sale conditions;
e. Where the electronic invoice or order number issued at the time of purchase is lost;
f. You have not submitted a request to return the Product within the Return Period;
g. Products that are clearly identified as having certain defects before you submit the order via the Website, and the reason you provide for returning the Product is due to such defect; and
h. Other circumstances in which the consumer has no right to return according to the applicable law.
i. For orders placed online during some specific program, some items are non-returnable, non-refundable and non-exchangeable. Please refer to the program’s terms & conditions for details.
- Return process
If you want to return your order, please make sure that the Product(s) meets the "Return Conditions" stated above, and submit the request to SMCP's customer services team at firstname.lastname@example.org. We will not accept any request if the Products do not meet the "Return Conditions" stated above. Also, returns via normal mail, registered mail and express delivery will not be accepted.
- Refund time
For the returned Products, once we confirm that the return conditions and requirements are met, we will process the refund of the actual amount paid by you and received by us for the Product within 14 business days after we receive the returned Product(s). However, we have the right to only partially refund you the amount if your returned Products were bought together with other Products that entitled you to enjoy our threshold promotions or offers;
The time of receipt of the refund depends on different refund methods. The time of actual refund to your account depends on different banks or payment platform operations. It may take up to 10-15 business days.
If the return does not meet the return conditions or requirements, we will contact you and return the Product(s)to you at your cost.
14. DISCLAIMER OF WARRANTIES
THE WEBSITE AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE CONTENT OR ANY MATERIALS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE. SMCP AND ITS AFFILIATES, SUPPLIERS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE WEBSITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SMCP NOR ANY OF ITS AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE, CONTENT OR SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY APPLICABLE INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER SMCP NOR ITS AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY CONTENT POSTED ON THE WEBSITE BY SMCP OR ANY THIRD PARTY UNLESS SUCH DAMAGE IS THE RESULT OF ANY WILFUL MISCONDUCT ON THE PART OF SMCP. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE MAXIMUM LIABILITY OF SMCP AND ITS AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, IN RELATION TO THE WEBSITE OR CONTENT SHALL NOT EXCEED HKD400. YOUR SOLE AND EXCLUSIVE REMEDY IN RELATION TO ANY CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE IN CONNECTION WITH ANY PRODUCTS PURCHASED BY YOU, IS A REFUND OF THE AMOUNT PAID BY YOU FOR SUCH PRODUCT.
While we try to maintain the integrity and security of the Website and the servers from which the Website is operated, we do not guarantee that the Website will be or remain secure, complete or correct, or that access to the Website will be uninterrupted. The Website may include inaccuracies, errors and materials that violate or conflict with these Terms and Conditions. Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any unauthorized third party alteration to the Website, contact us at email@example.com with a description of the material(s) at issue and the URL or location on the Website where applicable material(s) appear.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE JURISDICTIONS, THE RELEVANT LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE EXCLUSIONS AND LIMITATIONS SET OUT IN THESE TERMS AND CONDITIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SMCP reserves the right to suspend or terminate your account (and delete the profile corresponding to such account and any accompanying content) or your use of this Website at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Website, Products and services available on or through the Website at any time without notice. You are personally liable for any orders that you place or charges that you incur or are made under your account prior to termination. We shall not be liable to you or any third party for any of the foregoing.
Any sections of these Terms and Conditions that must survive termination in order to give effect to their intent and meaning shall survive termination of these Terms and Conditions. The termination of your account shall not affect any rights of SMCP or any of your liabilities and obligations accrued prior to such termination.
- Contact information
If you have any questions about these Terms and Conditions or the Website, please direct send your questions to firstname.lastname@example.org
- Changes to these Terms and Conditions
If SMCP decides to change these Terms and Conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. IF YOU CONTINUE TO USE THE WEBSITE AFTER EFFECTIVENESS OF THE CHANGED TERMS AND CONDITIONS, YOU ARE DEEMED TO HAVE FULLY ACCEPTED THE CHANGES.
- Governing Law and Jurisdiction
These Terms and Conditions (including all policies referred to herein) and any dispute or matter arising out of or in relation to the Website, Products, Content or Services shall be governed by the laws of Hong Kong.
Any dispute arising from or relating to these Terms and Conditions (or any policy referred to herein), the Website, Products, Content or Services shall be subject to the exclusive jurisdiction of the competent Hong Kong court.
- Independent Contractors
These Terms and Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and SMCP.
If any provision of these Terms and Conditions is found to be unlawful, void or for any reason unenforceable, such provision will be deemed severed from these Terms and Conditions and will not affect the validity and enforceability of any remaining provision.
You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent. We may transfer our rights or obligations to any third party without your consent.
- Force Majeure
We will not be responsible for failures to fulfill any obligations under these Terms and Conditions due to causes beyond our reasonable control, including but not limited to war, terrorist attack, strike, fire, explosion, flood, earthquake or other natural disaster.
- Entire Agreement
These Terms and Conditions, together with all policies referred to herein, constitute the entire agreement between you and SMCP relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and SMCP relating to the subject matter herein.
If there is any inconsistency or ambiguity between the English version and the Chinese version, the English version shall prevail.
A failure or delay by SMCP to exercise any right or act upon a breach under these Terms and Conditions will not be a waiver of that right or breach. Any waiver by SMCP of any of its rights or of a breach of these Terms and Conditions must be in writing, and such waiver is limited to the particular right or breach stated therein.
- Third Party Rights
No person shall have any right under the Contracts (Rights of Third Parties) Ordinance (Cap 623, Laws of Hong Kong) to enforce or enjoy the benefit of any of these Terms and Conditions.