1. Interpretation
1.1 In these Terms of Use, the following words and expressions shall have the following meaning:
"Content" means all information, data, text, software, music, sound, photograph, graphic, image, video, message, logos, button icons, HTML code or other material displayed on or available through the website;
"Customer" means the person placing an order;
"Delivery Services" means the delivery services provided by delivery service providers in relation to the products for the benefit of the customer, including any associated logistics services;
"Order" means an order for a product (including the Delivery Services, if applicable) placed by means of the website;
"Product" means any product which available for purchase, redemption or giving away via the website;
"Product Information" means information on a Product set out in the relevant Product Section;
“Product Terms" means the terms and conditions which apply (in addition to the Terms of Use) to the purchase of the relevant Product as set out in the relevant Product Section;
"Terms of Use" means these Terms of Use as amended from time to time and posted on the website;
"User" means any person who makes access to the Website (including the Customer);
"we", "us" means DENNISYAU.ASIA and "our" shall be construed accordingly;
"you" means the user of the website, and "your" shall be construed accordingly.
1.2 If the context of these Terms of Use so permits or requires, words importing any gender shall include the other genders, words in the singular number shall include the plural number and vice versa, and any reference to a person shall include that person's successors, representatives and permitted assigns.
1.3 References to Clauses are references to the clauses of these Terms of Use. Clause headings are strictly for the purpose of convenience and general reference only and shall not affect the meaning or interpretation of any of the provisions of these Terms of Use.
1.4 In the event that there is any inconsistency between the English and the Chinese versions of the Terms of Use, the English version shall prevail.
2. Data Privacy
2.1 For information about our privacy policies and practices, please refer to our Privacy Policy Statement.
3. Complete Terms of Use
3.1 The Privacy Policy Statement is incorporated in these Terms of Use as if they were set forth fully herein and together with these Terms of Use represent the complete agreement between you and us concerning your use of the website.
4. Covenants
4.1 You shall use the website for your personal, non-commercial use only and you shall be solely responsible for all contents whether publicly posted or privately transmitted by you on or through the website.
4.2 As a condition of your use of the website, you shall not use the website for any purpose that is unlawful or prohibited by any applicable laws or by the terms, conditions and notices contained herein. Without limiting the generality of the foregoing, you shall not:
(i) trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers and/or any data areas in connection with the website for which you have not been authorized by us to do so;
(ii) upload, post, e-mail, publish, transmit or otherwise make available on or through the website any unlawful, fraudulent, tortious, libelous, defamatory, obscene, pornographic, profane, threatening, harassing, abusive, hateful, offensive or otherwise objectionable or unreasonable content of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, national or foreign law, infringe any intellectual property rights, proprietary rights or confidentiality obligations of others;
(iii) upload, post, e-mail, publish, transmit or otherwise make available on or through the website any advertisements, solicitations, junk mails, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communications;
(iv) post, publish, transmit, reproduce, distribute or in any way exploit any content obtained through the website for commercial purposes;
(v) download, post, publish, transmit, reproduce or distribute in any way any component of the website or any content obtained through the website which is protected by copyright or other proprietary rights of any third party, or create derivative works with respect thereto, without our prior written permission;
(vi) upload, post, e-mail, publish, transmit, or otherwise make available any content on or through the website that contains viruses, trojan horses, worms, time bombs, cancelbots or any other harmful or deleterious computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment;
(vii) upload, post, e-mail, publish, transmit or otherwise make available any content on or through the website that are protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents;
(viii) interfere with or disrupt the networks connected to the website or violate the regulations, policies or procedures of such networks;
(ix) attempt to gain unauthorized access to the website, computer systems or networks connected to the website through password mining or any other means;
(x) interfere with another user's use and enjoyment of the website or other individual's or entity's use and enjoyment of similar services;
(xi) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other user to engage in real-time exchanges;
(xii) harass other user;
(xiv) collect or store personal data about other user; or
(xiv) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
4.3 We reserve the rights, from time to time and without notice, to observe and record your access to and use of the website to determine whether you are complying with the Terms of Use.
5. Links to Third-Party Websites
5.1 We have no control over the linked sites and we will not be responsible for the contents of the linked sites or any links contained in the linked sites or any changes or updates of such sites. We will not be responsible for webcasting or any other form of transmission received from the linked sites. We provide the links to you only as a convenience and the inclusion of any linked sites on the website does not imply endorsement by us of the linked sites or any association with their operators. We will not be responsible or liable for any loss or damage of any kind incurred as a result of the use of the services or the contents of any linked site. Any concern regarding linked sites shall be directed to their responsible site administrator or webmaster.
6. Placing Orders
6.1 We need to collect your Personal Information prior to your placing an Order. With regard to the Personal Information you represent and undertake that:
(i) you are at least 18 years old;
(ii) it is true, accurate and up-to-date; and
(iii) it is your Personal Information and not that of any other person;
6.2 In any case, if you fail to provide any Personal Information that is true, accurate, complete and up-to-date (or we have reasonable grounds to suspect this is the case), we have the right to suspend or terminate your order, all current or future access to and use of the Website (or any part thereof).
7. Products and Delivery Services
7.1 You are strongly encouraged to review the Product Information before proceeding with any transaction. We make no and/or disclaim all representations and warranties, express or implied, (if any), with respect to availability, merchantability, fitness for a particular purpose of the products. We shall not be responsible and shall in no event be liable for any damage whatsoever, including, without limitation, costs of procurement of substitute goods or services, loss of profits, loss of data or any direct, indirect, special, punitive, incidental, exemplary or consequential damages relating to the unavailability, use, inability to use, performance or non-performance of the products that are mentioned, introduced, or sold on or over the Website.
7.2 The customer acknowledges that the logistics and delivery service is provided by delivery service providers. Delivery of products to the customer is subject to the prevailing standard terms and conditions of service for the particular type of delivery services selected by the customer. We are not responsible nor liable to the customer for transportation and delivery of the products by these service providers. The delivery services provided by us may be modified, replaced or substituted from time to time.
8. Order Cancellation
8.1 If we cancel your Order, we will refund you any amount paid to us as soon as possible without interest but this is the maximum extent of our liability to you in respect of that order.
8.2 In any event we reserve the right to decline or cancel Orders, to decline to provide any services, products and/or delivery services in our absolute discretion at any time without giving any reason.
9. Product Return and Exchange Policy
9.1 We do not accept return of product and exchange, and you are not entitled to a refund.
10. Transmission and Processing of Orders
10.1 You acknowledge that the processing and transmission of orders may involve:
(i) the transmission of data over various communication networks; and
(ii) changes to such data in order to conform or adapt to the technical requirements of connecting networks or devices.
10.2 We shall, accordingly, in no circumstances, be liable for your or we inability to obtain (in whole or in part) any services, products or delivery services due to the delay or failure of any communication networks.
11. Online Payment
11.1 If you use the website to make a payment, we will not be liable to you for or in respect of any loss or damage (including indirect and consequential loss and damage) suffered by you by reason of or in connection with any:
(i) failure, delay, interruption, suspension or restriction of the transmission of any information or message from any system or process used, maintained or provided by any relevant banks and/or merchants for processing credit, debit, smart card or other methods of payment;
(ii) error in or omission from any information or message transmitted by means of the said system or process;
(iii) breakdown, malfunction or failure of the said system or process; and
(iv) anything arising out of or in connection with the above.
11.2 Banks and credit card companies may charge their account holders a cross border transaction fee when the card issuer and the payment gateway location are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. As such, the amount listed on your credit or debit card statement may be a different figure than the figure shown on the order confirmation letter for the purchase on this Website. If you have any questions about the transaction fee or exchange rate, please be advised to check with your bank.
12. Product Terms
12.1 The provision of certain products may be subject to additional Product Terms. The terms will be made known to you upon your expressing an intention to order the product and they will be incorporated into the Terms of Use.
13. Conflict between Terms
13.1 If there is any conflict or ambiguity between any provisions contained in the Terms of Use (excluding those at (i) and (ii) below) and in the website,
(i) the FAQs Section; or
(ii) any provision in the Product Terms (as the case may be)
the provision in the Terms of Use (excluding those at (i) and (ii) above) shall take precedence.
13.2 The website and the Terms of Use are accessible in both English and Chinese. In the event of any conflict or inconsistency between the two versions, the English version shall prevail.
14. Entire Agreement
14.1 The terms set out the entire agreement between users or customers (as the case may be) and us relating to the use of the website and shall supersede any and all related prior representations, warranties and undertakings.
14.2 You acknowledge and agree that upon your agreeing to the Terms of Use, you do not rely on, and shall have no remedy for any statement, representation, warranty or undertaking of any person other than those as expressly set out in the Terms of Use.
15. Disclaimer of Warranties and Limitation of Liability
15.1 The website shall be provided on an "as is" and "as available" basis and your use of the website shall be at your sole risk. We do not make any representations or warranties of any kind, express or implied, as to the operation of the website or the accuracy, adequacy or completeness of the content or the product included on the website. To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, including but not limited to any representations or warranties as to :
(i) the services or information provided on or via the website will meet your requirements;
(ii) the availability of the website or that it will be uninterrupted or error-free or that any errors and defects will be corrected;
(iii) the accuracy, adequacy or completeness of any content on the website;
(iv) the merchantability, standard of quality or fitness for any particular purpose of any product available on the website;
(v) the use or exercise of reasonable care and skill in providing or delivering any services on or through the website or the timeliness of services offered or provided on the website;
(vi) non-infringement of any third party intellectual property rights; and
(vii) the website being free of computer viruses or other harmful elements.
15.2 Any material downloaded or otherwise obtained from or through the website shall be done at your own risk and that you shall be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
15.3 Our entire liability and your exclusive remedy with respect to the website or otherwise shall be re-performance of defective services in jurisdictions which do not allow the exclusion or limitation of certain types of liability. We do not endorse, warrant or guarantee any material, product or service offered through us or the website. We are not and will not be a party to any transaction between you and any third party.
15.4 Without limiting any exclusion specifically provided for in these Terms of Use, we will in no event be liable for any costs, damages or liability for :
(i) the failure or alleged failure of any product;
(ii) the breach or alleged breach of any warranty, express or implied, relating to any product;
(iii) any loss or damage to any such product;
(iv) any act or failure to act of any shipper or other carrier or any employee or agent thereof of the product; or
(v) any unauthorized use of the website or breach of security relating to the website.
15.5 You must exercise and rely solely on your own judgment in using the website for purchasing or redeeming the Product. In no event shall we be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, goodwill, use, data or other intangible losses, arising out of any use or inability to use the website or the use of or reliance on the content or service available on the Website, even if we have been advised of the possibility of such damages including without limitation transmission of content or any transactions entered into through the website. You specifically agree that we shall not be responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You expressly agree that neither we shall not be responsible for any content used by the third party or as included in and sent out from the website.
15.6 The limitation of liability contained in these Terms of Use shall apply to the fullest extent permitted by applicable laws.
15.7 We make no representation that materials on the website are appropriate or available for use in any jurisdictions; accessing the website from locations where their operations are illegal is prohibited. Those who access the website from other locations do so at their own risk and shall be solely responsible for compliance with their laws and rules. You confirm that you have all the requisite approvals for using the internet and online conduit.
16. Intellectual Property
16.1 The website together with all Contents made available as part of the website are our property or are licensed to us. They are protected by copyright, trademarks, service marks, patents or other propriety rights and laws. Our licensors and we own the copyright in the selection, co-ordination, arrangement and enhancement of such Content as well as in the original content. You shall not modify, publish, transmit, redistribute, participate in the transfer or sale of, create derivative works of, or in any way exploit any of the content in whole or in part. You may only download such part of the content as is expressly permitted to be downloaded from the website for the use specified and for your personal use only. You shall have no rights in or to the content and you shall not use the content except as permitted under the Terms of Use.
16.2 Except as otherwise expressly permitted by us and the copyright owner by written permission and/or under applicable copyright law, no modification, copying, redistribution, uploading, retransmission, publication or commercial exploitation of downloaded material shall be permitted. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any change to or deletion of author attribution, trademark, legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
16.3 You agree that we will be free to use, disclose, adopt and modify all and any feedbacks provided by you to us without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your feedbacks.
17. Participation in Promotions of Advertisers
17.1 Any dealings you may have with any advertiser on the website or your participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, shall be solely between you and the advertiser or other third party. We shall not be responsible or liable for any part of any such advertisement dealings or promotions.
18. Indemnity
18.1 You agree to indemnify and hold us and our subsidiaries, officers, directors, agents, employees and co-branders harmless from and against any losses, claims, liabilities, damages, demands, costs and expenses (including all legal fees) incurred or suffered by us in connection with or arising from your breach of the Terms of Use and/or your use of the website or the services provided by the website. We will be entitled to, if necessary, participate in the defence of any such claim or action and any negotiations for settlement arising from such claim or action. No settlement that may adversely affect our rights or obligations shall be made by you without our prior written approval. We reserve the right to assume exclusive defense and control of any such claim or action.
19. Legal Compliance
19.1 You shall comply with all applicable laws, statutes, ordinances, regulations, rules and codes (whether or not having the force of law) regarding your use of the website ("Applicable Laws"). You recognize the global nature of the Internet and you understand that the applicable laws may be of a jurisdiction other than your own and you agree that compliance with the applicable laws is your sole responsibility. We recommend that you shall seek legal advice on your own account if you are not sure what the applicable laws comprise.
20. Termination
20.1 We will be entitled to terminate your use of and access to any part or all of the website or any related services at any time with immediate effect without any prior notice and at our sole discretion for any reason, including without limitation:
(i) if you breach the Terms of Use;
(ii) if we are unable to verify or authenticate any information you provide to us;
(iii) if we believe that your action may give rise to liability of any nature; or
(iv) if we deem your action unsuitable or inappropriate.
20.2 Upon termination pursuant to Clause 20.1 above, you shall destroy all materials obtained from the website and any copies thereof.
20.3 We shall not be liable to you or any third party for any termination of your use of or access to any part of all of the website or any related services.
20.4 If you wish to terminate your use of part or all of the website, your only recourse is to discontinue the use of the website.
21. Modifications to these Terms of Use and Policies, etc
21.1 We reserve the right to change these Terms of Use or our Privacy Policy Statement or any policies regarding the use of the Website at any time in our sole discretion and to notify you by posting an updated version thereof on the website. You shall be responsible for regularly reviewing these Terms of Use and the applicable policies and rules. Continued use of the website after such posting shall amount to your conclusive acceptance of such revised Terms of Use or policies or rules. If any such revision is unacceptable to you, you shall terminate your use of the website immediately. We reserve the right to interpret these Terms of Use and the applicable policies and rules and decide on any questions or disputes arising under these Terms of Use and the applicable policies and rules. You agree that all such interpretations and decisions shall be final and conclusive and binding on you as a user of the website.
22. Modifications to Service
22.1 We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the website or any part thereof.
23. Waiver
23.1 All waivers must be in writing. The failure of us to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. No waiver of any breach under the Terms of Use shall amount to a waiver of any other breach.
24. Partial Invalidity
24.1 The illegality, invalidity or unenforceability of any provision of the Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provisions of the Terms of Use.
