You represent that all of the information, data and other materials you provide on this Site or to the Company through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.
A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information on this Site is located at http://www.shopdaynnights.com. You consent to any personal information we obtain about you (either via this Site, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice.
License and Site Access
All contents available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) are the exclusive property of and owned by the Company, its licensors or its content providers, and is protected by copyright, trademark and other applicable laws.
The Company grants you a limited license to access and make personal use of this Site. Unless indicated to the contrary, you may access, copy, download and print the content available on this Site for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content. The Company or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in the Company’s sole discretion. The Company strictly prohibits any other use of any content available through the Site, including but not limited to:
- any downloading, copying or other use of the content or the Site for purposes competitive to the Company or for the benefit of another vendor or any third party;
- any caching, unauthorized linking to the Site or the framing of any content available on the Site;
- any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party);
- any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
- using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or
- any action that imposes or may impose (in the Company’s sole discretion) an unreasonable or disproportionately large load on the Company’s infrastructure, or damage or interfere with the proper working of our infrastructure.
You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by the Company.
The Company reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. The Company neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with the Company. Termination of your access or use will not waive or affect any other right or relief to which the Company may be entitled, at law or in equity.
Content You Submit
You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Site any content that is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable laws.
You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.
With respect to any content you submit, post, upload, publish or otherwise make available through the Site (other than personal information, which is handled in accordance with the Privacy Notice, you grant the Company a perpetual, irrevocable, non-terminable, worldwide, transferable, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. Any such content will not be treated as confidential. You hereby represent, warrant and covenant that: (i) any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to the Company; and (ii) the Company is free to exercise its rights to and/or implement your content if it so desires, without obtaining permission or license from any third party and without reference to you or any other person.
This Site may contain links to other websites or resources that are operated by third parties not affiliated with the Company. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. The Company is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS, INFORMATION, SERVICES AND PRODUCTS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE COMPANY DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE COMPANY SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS (THE “COMPANY PARTIES”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE COMPANY SITES, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES (INCLUDING PRODUCT LIABILITY); (4) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (5) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (6) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE SITE.
YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You will indemnify and hold harmless the Company Parties from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by the Company Parties and such parties, and shall defend the Company Parties and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Purchase; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable law or the rights of a third party. The Company Parties will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of the Company Parties.
When you use the Site or send emails to the Company, you are communicating with the Company electronically. You consent to receive electronically any communications related to your use of this Site. The Company will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from the Company intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the Company Sites.
The Site may provide users with the ability to send post messages on the Site. The Company is under no obligation to review any content (including any messages) posted on or sent through the Site by users and assumes no responsibility or liability relating to any such content. The Company, in its sole discretion, may monitor, not post or remove any such content.
Trademarks and Copyrights
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of the Company or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of the Company or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without the Company’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without the Company’s express written consent. All contents (including any software programs) available on or through the Site are protected by copyright, trademark and other applicable laws.
Claims of Intellectual Property Infringement
The Company respects the intellectual property of others, and we ask our users to do the same. You are hereby informed that the Company has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of website users who are repeat copyright infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Company’s Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and, if available, email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The Company’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o She Swish Limited, Legal Department
The Company may update this contact information from time to time without notice to you. We will post the current contact information on this Site.
Survival of Terms After Agreement Ends
Risk of Loss
The items purchased through the Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
By using the Site in any way, you unconditionally consent and agree that: (i) any dispute, controversy, difference or claim arising out of or relating to this agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration under the UNCITRAL Arbitration Rules in force when the Notice of Arbitration is submitted; (ii) the law of this arbitration clause shall be the laws of the Hong Kong Special Administration Region of the People’s Republic of China (“Hong Kong”); (iii) the place of arbitration shall be Hong Kong; (iv) the number of arbitrators shall be one, who shall be appointed by Hong Kong International Arbitration Centre; and (v) the arbitration proceedings shall be conducted in English.
Entire Agreement and Admissibility
How to Contact Us
TERMS OF PURCHASE (Last updated July, 2018)
These Terms of Purchase have been executed and delivered by you and constitute a valid and binding agreement between you and the Company, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under any applicable laws, rules or regulations.
You shall purchase and use the products and services available through the Company Sites, in strict compliance with these Terms of Purchase and all applicable laws, rules and regulations (collectively, “Laws”). You are responsible to comply with all applicable laws with respect to your purchase, including all applicable laws in the jurisdiction to which any products are shipped. All calls, emails and other communications between you and the Company may be recorded.
- PRIVACY NOTICE
A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information by the Company is located at http://www.shopdaynnights.com. You consent to any personal information we may obtain about you (either via the Company Sites, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. The Company may update its Privacy Notice from time to time, in its sole discretion. Any changes to our Privacy Notice will be posted at http://www.shopdaynnights.com. Your continued use of the Sites after any changes to the Privacy Notice means you accept the changes.
The Company may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances the Company deems appropriate in its sole discretion. The Company also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. The Company will either not charge you or refund the charges for orders that we do not process or cancel. Without limiting the foregoing, the Company reserves the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law).
Product and Service Descriptions
The Company attempts to provide accurate descriptions of products and services on the Company Sites. The Company does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the Company Sites is not as described, your sole remedy is to return the item, as specified in these Terms of Purchase.
The Company Sites may offer a quick view type feature for various products. This feature allows you to view price information about the product and add the product to your cart without opening the product page. The quick view feature and this "add to cart" feature are offered for your convenience only. The product page is where you will find more detailed information about a product, its source, features and pricing.
The Company strives to provide accurate pricing information regarding the products and services available on the Company Sites. We cannot, however, insure against pricing errors. The Company reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, the Company will notify you by email. In addition, the Company reserves the right, at its sole discretion, to correct any error in the stated full retail price.
Product and Service Availability
The Company Sites may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Estimated delivery date to your destination address of an item will be around 30 days or less after your successful payment, it is subject to change based on shortage of an item, bad weather, transit time of your carrier, destination address etc. Unfortunately, the Company cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time the Company attempts to process the order. Should this happen, the Company will notify you by email. Service offerings that are out-of-stock generally are no longer available. If Company determines that a product or service you wish to purchase is no longer available, the item will be cancelled from your order. The Company will notify you by email and delete the item from the Company Sites.
Specific Additional Disclaimers and Obligations
You are responsible for any taxes, customs duties and fees levied by the jurisdiction to which the products are shipped, including but not limited to any sales or use tax, value added taxes or tariffs.
- DISPUTE RESOLUTION
By using the Site in any way, you unconditionally consent and agree that: (i) any dispute, controversy, difference or claim arising out of or relating to this agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration under the UNCITRAL Arbitration Rules in force when the Notice of Arbitration is submitted; (ii) the law of this arbitration clause shall be the laws of the Hong Kong Special Administration Region of the People’s Republic of China (“Hong Kong”); (iii) the place of arbitration shall be (Hong Kong; (iv) the number of arbitrators shall be one, who shall be appointed by Hong Kong International Arbitration Centre; and (v) the arbitration proceedings shall be conducted in English.
- ENTIRE AGREEMENT
If any provision of these Terms of Purchase is determined to be illegal, invalid, or unenforceable, the enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
- MODIFICATION OF TERMS OF PURCHASE
You acknowledge and agree that the Company may, in its sole discretion, modify, add or remove any portion of these Terms of Purchase at any time and in any manner by posting revised Terms of Purchase on the Site. You may not amend or modify these Terms of Purchase under any circumstances. It is your responsibility to check periodically for any changes we make to the Terms of Purchase. Your continued use of this Site after any changes to the Terms of Purchase means you accept the changes.
- How to Contact Us
If you have any questions or comments about these Terms of Purchase or this Site, please contact the Legal Department of She Swish Limited by email at email@example.com.