Terms and Conditions
1. Services
1.1 Welcome to www.pinkicon.com, an online shopping website owned and operated by Ammu Limited (collectively "we", the "Site" or "Pinkicon"). Our site facilitates a convenient way to shop online over the Internet, including by using our applications or software ("services").
Pinkicon is located in Hong Kong. By displaying products on the Site, Pinkicon is making an offer to sell such products only to those who are legally capable of accepting and subject to the laws of Hong Kong. If you place an order for products shown on the Site, your order will be deemed an acceptance of such offer pursuant to these Terms and Conditions and laws of Hong Kong.
1.2 By using our site you agree to be bound by the following terms and conditions. Please read them carefully.
1.3 The meaning of some words used in these terms and conditions:
1.3.1 "We", "us" or "our" is a reference to (name of person or company providing the services).
1.3.2 "You" or "your" is a reference to the person to whom we are providing the services or delivering merchandise and who is required to pay for the merchandise we delivered.
1.3.3 "Content" means all text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programs, and other material featured, displayed or used in or in relation to our site.
1.3.4 "Merchandise" means the merchandise or services you ordered through our site, which you will pay for.
1.3.5 "intellectual property rights" means any and all patents, trademarks, rights in domain names, rights in designs, copyright and database rights (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing), rights in confidential information and all other intellectual property rights of a similar or corresponding character which may subsist now or in the future in any part of the world.
1.3.6 "Services" has the meaning given in clause 1.1.
1.3.7 "Supplier" means the seller and supplier of the merchandise you ordered through our site.
1.3.8 "Site" means our Pinkicon's website located at www.pinkicon.com, and any associated sites linked to it.
1.3.9 "User Content" has the meaning given in clause 11.1.
1.3.10 "Scheme" means the membership loyalty Scheme provided to the registered members of www.pinkicon.com
2. Service Agreement
2.1 Once you have successfully registered as a user, you will receive a password and account. You are responsible for maintaining the confidentiality of such account, and agree to accept responsibility for all activities that occur under your account, username or password. You may not authorize any other person to use your account, username or password. You can always change your password according to the instructions, terminate the account and create a new account.
2.2 Users should choose, when registering, a relatively good stability and security of electronic mail, and agree to accept and read various emails sent to the user from this site. If the user's email is not timely received from email inbox or by the email inbox or the program itself can not properly receive or read email, as long as an email has successfully sent out of this Site, should be considered that users have received such email. The sending out time of the email is deemed as the delivery time by record on the server.
3. Order
3.1 Except where otherwise specified, we are not the supplier or manufacturer of the merchandise. We are responsible for distributing and managing the site, arranging order processing and fulfillment for the merchandise you ordered from the suppliers through our site.
3.2 When you place an order you are making an offer to buy from the supplier the merchandise you have specified at the price stated for those merchandise. You cannot cancel an order once it has been submitted, even if our acceptance or rejection of your order is still pending.
3.3 We will acknowledge your order to confirm that we have received your order by email. The confirmation will provide:
3.3.1 details of what you have ordered,
3.3.2 details of the price charged,
3.3.3 information about the progress of your order, and
3.3.4 estimated dispatch and delivery information.
This communication will be our acceptance of your order. You may track your order status online.
3.4 We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including without limitation:
3.4.1 no sufficient stock to deliver the merchandise you have ordered;
3.4.2 no delivery can be arranged for your area; or
3.4.3 one or more of the merchandise you ordered was listed at an incorrect price due to a human or computer error or an error in the pricing information provided by the supplier.
3.5 If we cancel your order we will notify you by email, and will credit to your account or credit card account through PAYPAL as soon as possible but in any event within thirty (30) days of your order. You accept that we will not be obliged to offer any compensation for disappointment suffered.
4. Price & Payment
4.1 We will use all reasonable commercial endeavors to display accurate and up to date prices on our site, however, we deserve the right to cancel any orders in which the prices are incorrect.
4.2 If the price of the merchandise is higher at the time we are ready to send our acceptance of your order to what it was at the time you placed your order then we will either:
4.2.1 Cancel your order, or
4.2.2 Contact you to ask you whether you wish to pay the higher price or cancel your order.
4.3 If the order is cancelled by us, if you have already made any payment, we will make a refund. You agree and accept that we will not be obliged to offer any compensation for disappointment suffered.
4.4 When you place an order you authorize us to debit the credit card through PAYPAL or direct transfer to our bank account for the amount of the order at the time we send our acceptance of your order. Title in the merchandise does not pass to you until merchandise has been delivered.
4.5 Pinkicon offers a variety of payment methods on the Site for the convenience of customers. Please note that each of the payment methods discussed below may not be available at all times. You agree to pay all fees incurred in connection with your purchases at the rates in effect when the charges were incurred. Please read the related policy and process of payments by visiting the "Payments" page of the Site.
4.6 If payment is made by direct deposit (including cash transfer to specified bank accounts of Pinkicon, Paypal, Alipay, WeChat Pay etc), you must provide the proof of the successful payment. If fail to provide the proof, Pinkicon has the right to refuse your order.
4.7 Paid by credit card
We use third party payment service to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by us and a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making credit card transaction, and in no event shall any such losses in whole or in part be borne by us.
4.8 Paid by PayPal;or Alipay
If payment is made by PayPal or Alipay, the user agreement for the PayPal or Alipay service, respectively, will govern your use of that service, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a PayPal or Alipay member. YOU, AND NOT PINKICON, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR PAYPAL OR ALIPAY ACCOUNT BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Pinkicon of any discrepancies within sixty (60) days after you first receive notice thereof, you agree that they will be deemed accepted by you in all respects and for all purposes. If Pinkicon does not receive payment through the PayPal or Alipay service, you agree to pay all amounts due upon demand by Pinkicon or its agents.
Unless expressly set forth on the Site, Pinkicon does not accept any other payment form. If Pinkicon offers or accepts any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such other form of payment.
4.9 Taxes
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to customs, value-added, sales, use or any other applicable taxes. Customs regulations may vary between counties or regions. Pinkicon cannot guarantee or predict if any import duties or taxes is required with respect to each of your purchases.
4.10 Customs Issues
Product listings are constantly being changed and updated on our Site. Pinkicon's customers are located in various parts of the world. As a result, it is not practical for Pinkicon to confirm whether import and sale of any of these products may conflict with local exclusive distribution rights in effect from time to time or otherwise constitute a violation of local law, including product safety and other regulations.
PINKICON EVERY EFFORT TO ENSURE THAT THE PRODUCTS IT SELLS ARE GENUINE AND LEGITIMATE. IMPORT AND SALE OF CERTAIN OF THE PRODUCTS OFFERED ON THE SITE, HOWEVER, MAY NOT BE PERMISSIBLE IN ALL COUNTRIES, INCLUDING WITHOUT LIMITATION THE UNITED STATES OF AMERICA, AS A RESULT OF LOCAL CUSTOMS REGULATIONS, LOCAL COPYRIGHT AND TRADEMARK RIGHTS AND OTHER LOCAL LAWS. IN ADDITION, PRODUCTS AVAILABLE ON THE SITE MAY NOT CONFORM TO PRODUCT SAFETY OR OTHER REGULATIONS IN ALL COUNTRIES.
BY PURCHASING A PRODUCT THROUGH THE SITE, YOU AGREE THAT SUCH PURCHASE AND THE IMPORT OF SUCH PRODUCT COMPLIES WITH THE LAWS OF THE COUNTRY TO WHICH YOU HAVE REQUESTED PINKICON TO SHIP THE PRODUCT, AND AGREE THAT YOU WILL BE CONSIDERED THE SOLE "IMPORTER" AND "INITIAL DISTRIBUTOR" OF THE PRODUCT TO SUCH COUNTRY FOR ALL PURPOSES, INCLUDING CUSTOMS REGULATIONS, COPYRIGHT AND TRADEMARK LAWS AND PRODUCT SAFETY LAWS. YOU ACKNOWLEDGE AND AGREE THAT PINKICON'S ROLE IS LIMITED TO PROCURING PRODUCTS AVAILABLE IN ASIA AND OTHER REGIONS AND MAKING THESE PRODUCTS AVAILABLE THROUGH THE SITE TO YOU FOR PURCHASE IN HONG KONG AND FOR YOUR IMPORT TO THE COUNTRY TO WHICH YOU HAVE REQUESTED YESSTYLE TO SHIP PRODUCTS. IN NO EVENT WILL PINKICON BE A PARTY TO THE IMPORT OF SUCH PRODUCTS NOR WILL ANY PINKICON REPRESENTATIVE BE RESPONSIBLE FOR ANY LIABILITY ARISING UNDER THE LAWS OF ANY COUNTRY OTHER THAN THE HONG KONG SPECIAL ADMINISTRATIVE REGION FOR ANY REASON, INCLUDING THE IMPORT AND SALE OF PRODUCTS AVAILABLE ON THE SITE, CUSTOMS REGULATIONS AND CUSTOMS HOLDS, DETENTIONS AND SEIZURES, COPYRIGHT AND TRADEMARK LAWS AND PRODUCT SAFETY LAWS.
By purchasing a product through the Site, customers outside of Hong Kong authorize Pinkicon to make arrangements for clearance of customs on their behalf for the products they have ordered.
4.11 Currencies
All transactions conducted by Pinkicon, including sales of items shown on the Site, gift certificates, refund for returned merchandise and pre-deposit, are made in Hong Kong Dollars, Renminbi or US Dollars. Payment made by credit card in other currencies will be converted to Hong Kong Dollars or US Dollars at the exchange rate determined by your credit card issuer, PayPal or Alipay. Please consult your credit card issuer agreement or the user agreement for the PayPal and Alipay services for information regarding the determination of exchange rates by them. Discrepancy in exchange rate may result in the actual price paid being higher than the posted price.
4.12 The transaction amounts will be computed to three currencies: Hong Kong Dollars, Renminbi or US Dollars, at the approximate exchange rates available at the time of transactions; however, Pinkicon makes no warranty that actual currency conversion rates will be provided for purchases.
By the time you confirm the order and make payments, you agree the prices shown and transaction amount computed by reference currency rates.
4.13 Pinkicon does not provide cash refunds to customers resulting from changes in currency rates. In no event will Pinkicon be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.
4.14 Pinkicon is located in Hong Kong. Some banks or credit card companies will charge transaction fees for international purchases, depending on the region or location of the transaction made. Pinkicon will not be responsible for the extra charge, please confirm with your bank or credit card company for details of their foreign transaction fees.
5. Delivery
5.1 We only make deliveries on the working days. Working days in Pinkicon do not include public holidays of Hong Kong and when typhoon warning signal No. 8 or above or black rainstorm warning is in force. We currently do not make deliveries to remote areas and outer islands, and buildings without elevator facility. We reserve the right to decline delivery at our sole discretion. You agree and accept that you will collect your ordered merchandise from our logistics centre and under no circumstances will we accept cancellation of order or refund.
5.2 We will deliver the merchandise ordered by you to the address you give us for delivery at the time you make your order through our staff or a third party provider. You agree to present your photo identification upon request when you acknowledge receipt of the merchandise. The merchandise shall be, and shall be deemed to be, delivered and accepted by you when the merchandise are delivered to the address you give us for delivery. You agree and accept that we are entitled, at our option, to charge you additional costs or cancel your order in the event of your failure to accept delivery for whatever reasons.
5.3 Title to products and risk of procession of products, will be passing to you upon Pinkicon sent out the products to the delivery agents or postal service officer.
5.4 You will become the owner of the merchandise you have ordered when they have been delivered to you. Once merchandise has been delivered to you they will be held at your own risk and we will not be liable for the loss or damage.
5.5 You are required to pay in accordance with the list of shipping fee posted on our website. If you pay insufficient fee, Pinkicon has the right to ask you to pay off before delivery.
5.6 Pinkicon can handle the necessary transportation procedures according to the buyer's request. However, our liability obligation is limited to on-time dispatching. In case of logistics (postal) problems in transit, we will assist the buyer to inquire the delivery agents, we do not provide any compensation to customers. All inquiries and claims will be handled in accordance with the provisions of the delivery agents. The buyer shall not claim compensation until the tracking period has ended. The buyer should verify the delivery notes in which the address and the contact phone number, so as to avoid delay delivery. If you place an order for products shown on the Site, your order will be deemed an acceptance of such term of use.
6. Returns or Exchanges
6.1 Pinkicon members are guaranteed to decide a return or exchange for unopened contact lenses within 14 days, start date is according to the sign-off date of courier's delivery. Overdue application will not be processed. The products you are returning must be in a new and resaleable condition in complete package and unused free gifts (if included). Please follow the Returns Process for before purchase.
6.2 You must retain your receipt to apply for any form of Return or Exchange service.
6.3 Before opening the contact lenses, you must check if the products are correct. Return or Exchange of opened merchandise will not be accepted.
6.4 The products you are returning must be new, clean, undamaged by human and in a resaleable condition. The complete set must include accessories, packaging materials, user guides and the free gifts (if any).
6.5 If the merchandise have been opened, please retain the receipt and the packaging of products in order to apply for Return and Exchange. After the examination by Pinkicon and if the defect is caused by the production process, you can exchange for the same products.
6.6 Merchandise that is damaged by yourself, mistakenly ordered or opened already, cannot be exchanged.
6.7 You may exchange the merchandise with us for a different specification of the same type at regular price, or debit the amount to member's pre-deposits account for purchasing at our Site in future.
6.8 Each order is entitled for one time of Return or Exchange service only. For your advantages, please consider thoroughly and contact us for assistance.
6.9 Overseas customers must contact customer service officers before sending back the products, so as to avoid unnecessary delivery costs.
6.10 In case of merchandise sold out and you do not want to wait for new stock, you may choose to get a refund back to the original method of payment (3-5 working days) or exchange for other products.
6.11 Since all items from Pinkicon are checked and packed in perfect condition before dispatching, therefore we will not responsible or liable for any losses or damages caused in transit.
6.12 Gift vouchers and any coupons are non-exchangable and non-refundable.
6.13 All gifts, seasonal products and special offers cannot be returned and exchanged.
6.14 No cash refund will be provided.
6.15 Pinkicon reserves all rights of final conclusions for any disputes or disagreements on Returns or Exchanges.
7. Product Descriptions
7.1 Pinkicon and its supplier and manufacturer have made every effort to display the descriptions of products on the Site as accurately as possible. However, due to practical conditions, Pinkicon does not represent or warrant that the descriptions of any products shown on the Site are reliable or accurate or complete or error free.
7.2 Due to the exposure of lights and color diviation among different display monitors, there may be slight colour differences between the images and real products. Images and descriptions shown on the Site are for reference only. Pinkicon has made every effort to display the colors of products on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor Pinkicon cannot guarantee that your monitor's display of any color will be accurate.
7.3 Pinkicon offers cosmetic and personal care products, including but not limited to contact lenses, skin care products, makeup and fragrances, for sale through the Site. By purchasing such products you represent and warrant that you have consulted with an appropriate medical professional with respect to your use of such products and you have obtained all necessary prescriptions and other approvals and documents required in connection with your purchase and use of such products.
7.4 No Professional Advice; Risk of Use
All information supplied through the Site or Pinkicon, whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. The Site does not and is not intended to provide any information to diagnose, mitigate, prevent, treat or cure any disease or condition.
7.4.1 Health-related information provided through the Site is not a substitute for professional medical advice. You must consult your personal physician or other healthcare professional before making medical decisions and before making purchasing decisions related to personal care products.
7.4.2 Our sales staff will only introduce the products and provide product information to customers, and will not give any professional advice, such as the proposed power or base curve of contact lenses. Instead our staff will advise you to inquire qualified optometrist for these questions.
7.4.3 You must carefully read the product guideline, follow all product label information and the recommendations of your health care provider before using any cosmetic or personal care products. None of the information available through the Site constitutes a recommendation or solicitation to take or not take any particular action.
7.4.4 The receipt of any questions or feedback you submit to Pinkicon does not create a professional relationship and does not create any privacy rights other than those described in Privacy Policy of the Site.
7.5 It is your responsibility to have your eyes examined by an eye care professional before purchasing contact lenses through the Site and regularly thereafter. You agree to follow your eye care professional's instructions for the proper use and care of any contact lenses purchased through the Site.
7.6 In addition to the terms set forth above with respect to all cosmetic and personal care products (and without limiting the generality thereof), by placing an order through the Site for prescription contact lenses, you certify, represent and warrant that:
7.6.1 with respect to the contact lenses you are ordering you have a valid prescription issued within the timeframe required by law in your jurisdiction of residence following a physical eye examination conducted by a registered eye care professional licensed in your country, state, province or other applicable jurisdiction and
7.6.2 you have not, since your last issuance of a valid prescription pursuant to a physical eye examination conducted by a registered eye care professional licensed in your country, state, province or other applicable jurisdiction, suffered from any eye condition requiring treatment or been advised to stop wearing contact lenses by an eye care professional or medical practitioner.
7.6.3 When you order contact lenses through the Site, you are responsible for entering the correct contact lens information according to your contact lens prescription. If you experience any pain or discount from any contact lenses purchased through the Site, you agree to discontinue use immediately and consult your eye care professional.
7.7 Pinkicon concerns about product safety and customers' eyes health. Please read carefully the following notes for purchasing contact lens:
7.7.1 Contact lens users should be prescribed contact lens by a registered optometrist, and seek the advice for how to use contact lens and care properly including cleaning and storing methods, as well as the wearing/ changing timeline.
7.7.2 Contact lens information are printed clearly on product packages, including the base curve. Customers are suggested to purchase appropriate products according to the prescription and recommendations provided by optometrists.
7.7.3 Our representatives will only provide customers with product information or recommendations and does not constitute medical or other professional advice such as base curve and power of contact lens. Please consult the qualified optometrists regarding these questions.
7.7.4 Attention to the proper use of contact lenses. Use of wrong power will lead to serious consequences.
7.7.5 If there is a slight discomfort in your eyes, please stop using contact lenses immediately and seek medical assistance.
7.7.6 If you have eye health or wearing contact lens problems, be sure to check with your optometrist and ophthalmologist.
7.8 Products shown on the Site may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products. Pinkicon does not represent or warrant that the descriptions of any products shown on the Site (including personal care products) are accurate or complete. IF YOU PURCHASE A PRODUCT FROM PINKICON THAT IS NOT AS DESCRIBED ON THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR PINKICON CREDIT IN THE AMOUNT OF THE PURCHASE PRICE TO THE ACCOUNT OF MEMBER.
7.9 Any problems or malfunctions of the products sold on the website are not borne by Pinkicon. We will ask the manufacturer or supplier of the product for assistance, on behalf of the customers.
8. Disclaimer of Warranties & Limitation of Liability
8.1 The website will not be liable if the online transaction system crashes or cannot be used normally due to disasters or other uncontrollable power or other uncontrollable reasons, resulting in incomplete online transaction or lost information, records and so on. However, we will make reasonable efforts to assist in dealing with the aftermath, and strive to enable customers to reduce the possible economic losses. If you place an order on the Site, you will be deemed an acceptance of such disclaimer.
8.2 We do not represent or warrant that access to our site (including using our applications or software), or any part of it, will be uninterrupted, reliable or fault-free.
8.3 We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
8.4 We do not represent or warrant that:
8.4.1 any services (whether or not provided by us) will be provided with due care and skill; or
8.4.2 any merchandise (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
8.5 You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.
8.6 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
8.6.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site (including using our applications or software) or any information on our site;
8.6.2 the unavailability of our site (or any part of it), merchandise or services;
8.6.3 any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or services;
8.6.4 any merchandise not being of merchantable quality or fit for their intended purpose; or
8.6.5 any misrepresentation on or relating to our site, the merchandise or the services.
8.7 As required by law:
8.7.1 we will not be liable to you for any indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, arising out of any problem you notify to us, and
8.7.2 we will have no liability to pay any money to you by way of compensation except otherwise specified in these terms and conditions.
8.8 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase merchandise from our site. We make no representation and accept no liability in respect of the export or import of the merchandise you purchase.
8.9 You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you purchase merchandise through our site you will enter into a separate contract with the supplier in each case.
8.10 None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our services or the merchandise to you.
8.11 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
8.12 This Site has the right to modify the terms of service, if necessary. Changes will be prompted on important page to indicate the modification of content. If you do not agree with the changes, the user can take the initiative to cancel the use of services. If the users continue to enjoy the services on this site, they are deemed to accept the terms of service as changed. The Site reserves the right to modify or discontinue the Services at any time without notice to the Users. The Site reserves the right to modify or discontinue the Services without liability to the users or third party.
8.13 Pinkicon reserves the right to change, add to, or remove from these Terms of Use at its sole discretion. It is your responsibility to review these Terms of Use each time you use the Site. By continuing to use the Site after the terms of the change have been posted, you accept and agree the modification. You agree that the subsequent purchase and all submissions to the Site and the use of other sites will be governed by the terms and conditions of these Terms of Use, and will remain in effect until further modified by Pinkicon.
9. Warranties
9.1 You represent, warrant and covenant that you will not:
9.1.1 use our site for any fraudulent or unlawful purpose;
9.1.2 use our site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
9.1.3 interfere with or disrupt the operation of our site or the servers or networks used to make our site available; or violate any requirements, procedures, policies or regulations of such networks;
9.1.4 transmit or otherwise make available in connection with our site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
9.1.5 reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to our site (including our applications or software);
9.1.6 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our site (including our applications or software);
9.1.7 frame or mirror any part of the site without our express prior written consent;
9.1.8 create a database by systematically downloading and storing the Content, User Content or any site content; and
9.1.9 infringe any copyright, design right and intellectual property right in the merchandise.
9.2 Users agree to protect and safeguard the interests of all members of this site, responsible for the legal fees and payment arised by the user beyond the scope of our services, compensation fees for violation of terms of service, recourse costs for damage to other people by user's computer, user's account and other intellectual property rights.
10. Content
10.1 The intellectual property rights in all Content are owned, controlled or licensed by or to us. Except for the rights granted to you under clause 10.2, nothing in these terms and conditions shall confer on you any right or interest in the Content and all other rights are reserved to us.
10.2 Subject to these terms and conditions, you may use the Content for your own personal purposes.
10.3 Unless you have our express written consent or you are expressly authorized by law to do so, you shall not:
10.3.1 use the Content for any commercial or other non-personal purpose;
10.3.2 make any copies of the Content or transfer the Content to any other device or any other person; or
10.3.3 otherwise reproduce, distribute, communicate to the public, modify, reformat, prepare derivative works of or display the Content.
10.4 You acknowledge and agree that we may cease to supply any of the Content to you at our sole discretion if you are in breach of any of the terms of this clause.
10.5 We shall use all reasonable commercial endeavors to ensure the accuracy of the Content but gives no warranties and makes no representations, express or implied, statutory or otherwise regarding the accuracy, quality or completeness of the Content or its fitness for any purpose and we exclude any liability relating to it. You also agree that responsibility for the content of advertisements appearing on our site rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy of information contained on our site.
10.6 This site grants you limited access and personal use of this website, without the express written consent of this site, not to download (except page caching) or modify the site or any part thereof. This does not include any resale or commercial use of the Site or its contents, any collection and use of catalogs, descriptions and prices, any derivative use of the Site or its contents, any downloading or copying of account information for any other commercial interest or use any data collection, robots, or similar data collection and extraction tools. It is strictly forbidden to systematically obtain the contents of this website to create or edit a collection, compilation, database or personal address book (whether through robots, spiders, automated programs or manual operations), directly or indirectly, without the written permission of the Site.
In addition, it is strictly prohibited to use the content and materials on this website for any purpose that is not expressly permitted by these Terms of Use. Replica, copy, reproduce, sell, resell, access, or other exploit of the Site or any portion thereof for any commercial purpose without the express written permission of the Site. You may not use this website or its trademarks, logos, or other proprietary information (including images, text, web designs or forms) on the Site, or its affiliates, by design or using design techniques without the express written consent of this Site. You may not use the name and logo of this website in meta tags or in any other "hidden text" manner without the express written consent of this website. Any unauthorized use will terminate the right of use granted by this website. You are granted a limited, revocable and non-exclusive right to create hyperlinks to the homepage of this website, provided that this link is not a false, misleading, derogatory or otherwise offensive way of describing this website, its affiliates or their affiliates product and service.
11. User Generated Content
11.1 When you submit any user generated content including all text, files, images, photos, sounds, videos or other materials to our site ("User Content"), you grant to us, a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable fully paid-up and royalty-free licence to reproduce, distribute, communicate to the public, publicly perform, modify, prepare derivative works of, display and otherwise use the User Content in connection with the site, including without limitation for the purposes of promoting and redistributing part or all of the site in any media formats and through any media channel. Without limitation, the rights that you grant to us under this clause 11.1 include a right to grant each user of the site a sub-licence to use the User Content to the extent permitted by the functionality of the site from time to time. You hereby waive, and procure that all other authors of the User Content waive, all moral rights in the User Content (including rights to be identified as the author of the User Content or to object to any derogatory treatment of the User Content), whether such rights subsist now or at any time in the future in any place in the world.
11.2 You represent, warrant and covenant that:
11.2.1 you have the legal right and authority to grant the license in clause 11.1 above;
11.2.2 you are the owner of the User Content and/or have all of the necessary rights, consents, permissions and licenses which are required for you to grant us the license in clause 11.1 above;
11.2.3 by exercising the license in clause 11.1 above, we shall not infringe the intellectual property rights or other rights of any third party;
11.2.4 to the extent that the User Content identifies any individual (whether by name, picture or otherwise), you have obtained all consents and permissions from those individuals which are required for us to use the User Content as contemplated by the license in clause 11.1 above;
11.2.5 the User Content does not include any material that may be illegal, defamatory, obscene, offensive, harmful to the safety of any person, aimed at harassing any person or otherwise is inappropriate for display on our site; and
11.2.6 at our request, you will provide us with written copies of any consents, permissions and licenses that you are required to obtain.
11.3 Users can post comments and other content, as well as suggestions, ideas, comments, questions, or other messages that are not illegal, obscene, threatening, defamatory, or infringes or annoys the public, and does not include software viruses, political propaganda, commercial solicitations, chain letters, bulk mail, or any form of "spam".
You may not use false email address, impersonate any other person or entity, or otherwise mislead users or other content. The Site reserves the right (but not the obligation) to erase or edit such Content, but does not regularly review the content posted. If you do post material or submit content, unless we have the contrary instructions, you grant this site and its affiliates a non-exclusive, free, perpetual, irrevocable and complete sublicense, use in any media worldwide, copy, modify, adapt, publish, translate, create derivative works, distribute and display such content. You grant the Site and its affiliates and sublicenses the right to use the names you submit in connection with such content, if they choose to do so. You represent and warrant that you own or otherwise have control over the content you post, that the content is accurate and that use of the content you provide does not violate this policy and does not cause harm to any person or entity. You represent and warrant that you will indemnify the Site or any of its affiliates for any damages you may incur as a result of the Content you provide. This site has the right to monitor and edit or erase any activity or content. This website is not responsible for the content posted by you or any third party.
11.4 User may not use this site platform for the following illegal activities:
(1) Against the established basic principles of the Constitution or basic laws of Hong Kong;
(2) Endangering national security, leaking state secrets, subverts the government, undermining national unity;
(3) Harm national honor and interests;
(4) Incitement to ethnic hatred, ethnic discrimination, undermining national unity;
(5) Undermine national and religious policies or preach evil cults and feudal superstition;
(6) Spread rumors, disturbs social order or undermines social stability;
(7) Spreading obscenity, pornography, gambling, violence, murder, terrorism or abetting a crime;
(8) Insult or slander others, infringe upon the legitimate rights and interests;
(9) With laws and administrative regulations prohibit the other content.
12. Indemnity
12.1 You agree to indemnify us and all of our directors, employees and contractors, and hold us all harmless from any claim, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us arising out of any breach of the covenants, warranties, representations and agreements herein.
13. Linked Websites
13.1 Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
14. Termination
14.1 We may terminate your access to our site or registration immediately if you are in breach of any of these terms and conditions.
14.2 Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
14.3 The User or this Website may at any time discontinue one or more of the Services, depending on the circumstances. This site is not responsible for any individual or third party at any time interrupt service. If you object to any of the terms of service or modify the terms of the proposed objection, or dissatisfaction with the services of this site, the user can exercise the following rights:
14.3.1 No longer use this site's services.
14.3.2 Notify the site to stop the user's service.
14.4 After the end of the user service, the right of using this site's service immediately suspended. Since then, the User has no rights and the Website is under no obligation to transmit any unprocessed information or unfinished services to the User or to third parties.
15. Intellectual Property Rights
15.1 All intellectual property rights in the Content, User Content, design, text, graphics and other material on our site and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any authorized used without our prior written permission is strictly prohibited.
15.2 All trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.
15.3 Content on our website, as defined herein, including but not limited to text, software, sound, image, video, graph, advertisement, and information provided to our users, are protected by copyright, trademark, patent and other property right laws. Users may only use such content with the authorization of our website or advertiser. You may not copy or re-create any product derived from such content without proper authorization.
15.4 Content on the Site may be provided by third parties, either as a result of submission by users or other persons or because of selection by Pinkicon. Any opinions, advice, statements, descriptions, services, offers, information or other Content expressed or made available by third parties on or through the Site ("Third-Party Content") are solely those of the respective authors or distributors and not of Pinkicon or its affiliates. Pinkicon does not guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content. Pinkicon makes no endorsement or representations as to the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content, unless made by an authorized Pinkicon representative while acting in his/her official capacity (and in such case subject to the terms hereof). Under no circumstance will Pinkicon be liable for or in connection with any errors or omissions in any Third-Party Content, any links embedded in any Third-Party Content, any loss or damage caused by your reliance on any Third-Party Content or any other harm arising from any Third-Party Content.
16. User Privacy & Data Security
16.1 Respecting for user privacy is a basic policy of this Site. Therefore, this Site will not be publisize, edit or disclose their registration information and kept in this Site in the non-public without user authorization, unless there are legal requirements or the integrity of this Site based on the view that the following four Disclosure of such information is necessary:
(1) to comply with the relevant legal provisions, to comply with this site legitimate service procedures.
(2) to maintain the maintenance of this site trademark ownership.
(3) in case of emergency efforts to safeguard the privacy of users and the public safety of the public.
(4) comply with other relevant requirements.
This site reserves the right to publish membership statistics and surveys.
16.2 You acknowledge and agree that the Site is a public space and that your participation in and Submissions to the Site create no expectation of privacy. Further, you acknowledge that any personal information you submit to the Site may be seen and used by others. No Pinkicon representative is responsible for information that you or others choose to submit to the Site, or for your actions or the actions of other users. Pinkicon or its designated agents may remove or alter any information, Content or Submission posted or otherwise disclosed on the Site at any time for any reason. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE AS A SUBMISSION OR OTHERWISE ON OR THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.
16.3 While Pinkicon takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, no Pinkicon representative is responsible for the acts of those who gain unauthorized access, and no Pinkicon representative makes any warranty, express, implied or otherwise, that Pinkicon or any other Pinkicon representative will prevent unauthorized access to your private information.
16.4 Please review Pinkicon's Privacy Policy, which also governs your visit to and usage of the Site, to understand Pinkicon's practices with respect to usage and handling of user information.
17. General
17.1 Where in these terms representations and warranties are made to us and to suppliers of merchandise through our site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you.
17.2 We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use. This right includes the right to change any of the documentation which forms part of these terms and conditions.
17.3 We take privacy issues seriously. Our privacy policy covers our use of any information you provide. In using our services, you agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.
17.4 We reserve the right at our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide our services to any user that is in breach of these terms and conditions.
17.5 We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control.
17.6 If any clause hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other clause and such invalid clause shall be deemed to be severed from these terms and conditions.
17.7 We may assign these terms and conditions or appoint any third party, including our group companies, to provide the services to you on our behalf or to perform any of our obligations under these terms and conditions.
17.8 You shall not assign or otherwise deal with its rights and obligations under these terms and conditions, whether in whole or in part without our written consent.
17.9 These terms and conditions set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these terms and conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these terms and conditions.
17.10 These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.
*In case of any discrepancy between the English version and the Chinese version, the Chinese version shall prevail.
