Terms of Use

These Terms of Use govern your use of CINDY CHAO THE ART JEWEL (H.K.) LIMITED’s (the “Company”) website www.cindychao.com. Please carefully read these Terms of Use before using this website. Use of this website means that you have accepted and consented to abide by these Terms of Use. If you do not consent to these terms and conditions, please do not use this website in any way. The Company may modify these Terms of Use at any time without notice to you. You shall be deemed to have consented to such new Terms of Use by your continued use if the new Terms of Use have been announced and you continue to use the website. Therefore, please review these Terms of use from time to time. If you are a minor or otherwise lack full legal capacity to agree to these Terms of Use, you must obtain the consent of your legal representative or guardian before you may use this website.

For the purposes of these Terms of Use, “affiliates” means any entity that controls the Company, any entity controlled by the Company, or any entity that controlled in common with the Company. “Control” means the ability to exercise direct or indirect control or influence, regardless of whether by shareholding, contract, or other means, over the operation, management, or policy of the entity. “Entity” means any individual, company, partnership, sole proprietorship, joint venture, trust, juristic person, or any other legal body or unincorporated body.

Protection of Personal Information

The Company takes protection of your personal information and privacy very seriously. Please review this website’s Privacy Policy here. This Privacy Policy is incorporated into these Terms of Use. The Company collects, processes, and uses your personal information in accordance with the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong) and its related regulations. Use of this website means that that you consent to the collection, processing, and use of your personal information and that you agree that and warrant that personal information you provide is accurate.

About the Company

The Company is CINDY CHAO THE ART JEWEL (H.K.) LIMITED, a company organized and existing under the laws of Hong Kong.

Reservation of Rights

The Company reserves the ownership and enjoyment of the operation of this website and the rights and interests therein. Moreover, you may not claim the enjoyment of any of the intellectual property rights in this website including but not limited to patent rights, copyright, trademark rights and trade secrets unless you are the owner or licensee of such intellectual property rights. All intellectual property rights in this website belong to the Company. Your use of the website does not constitute a basis for any express or implicit licensing or transfer of such intellectual property rights by the Company to you.

Your License to the Company

You agree to license the Company with intellectual property rights (including but not limited to patent rights, copyright, trademark rights and trade secrets) related to your use of the website or content that you submit to the Company or this website with a royalty-free, non-exclusive, transferable, re-licensable, open-ended license for commercial and non-commercial use including but not limited to: the Company may transfer and provide any content that you submit to relevant companies for use in commercial analysis of consumer activity and marketing effects.

You hereby represent and warrant that:

You have all necessary rights, authority and licenses to give the Company the above rights;

You have all necessary rights, authority, and licenses to upload the content you provide to this website and to disclose such content to unspecified members of the public;

The content that you upload and disclose is not unlawful in any way and does not infringe on the rights of any third party (including but not limited to intellectual property rights, personal information protection rights, or privacy). The content that you upload to this website is not confidential or proprietary and the Company has the right to use such content by any lawful means. If a third party claims that the content you uploaded or disclosed to (or through) this website infringes on any such rights, the Company has the right to provide your relevant personal information to that third party.

The content that you upload or disclose on (or through) this website is not false, misleading, or in violation of any relevant Hong Kong laws or any local, state, national or international law, rule or regulation; and
The provision and dissemination of the content that you upload or disclose on (or through) this website is not provided or disseminated by the Company; you shall bear full legal liability for such content and the Company has no responsibility to monitor or control the content that you upload with respect to its unlawfulness or infringement upon the rights of others.

Account and Password

If the Company permits you to register an account on this website, you shall set a secure password that is not easily broken (please avoid use of insecure passwords based on your birthday, telephone number, zip code, or uniform invoice number). You should also exercise appropriate custody over your account and password and not share your account and password with others. The Company has no legal liability to you if your password is insecure or you do not exercise care in the custody of your account and password such that a third party makes unauthorized use of your account. You further warrant that when you create your account, all information that you provide to the Company (including but not limited to personal information) is accurate and that you are not falsely using the basic information of any other natural or legal person. You have full legal liability for any mistaken or false use of the basic information that you provide and you warrant that the Company has no legal liability for the same.

Reasonable Use of this Website

You agree to the following restrictions on your use of the website in addition to the other binding provisions of these Terms of Use in order to ensure your reasonable use of this website:

You shall not infringe upon the rights of the Company or any third party or conduct any unlawful activities through use of the website;

You shall not use this website to collect, process, or use the personal information of other individuals without the consent of the Company;

You shall not falsely use any social media account belonging to another person or the identity, name, alternate name, nickname, or handle of another person or any other person’s personal information when using this website;

You shall not engage in any conduct injurious to minors through this website;

You shall not hack or record this website or intentionally introduce computer viruses, trojan horses, or other malware nor shall you access or record this website and the content of its server without authorization, make any attempt to interfere with the normal operation of this website, or in any way engage in conduct that violates Section 161 of the Crimes Ordinance (Cap. 200 of the Laws of Hong Kong), namely accessing computers with criminal or dishonest intent or Section 27A of the Telecommunications Ordinance (Cap. 106 of the Laws of Hong Kong), namely accessing computers by telecommunications without authorization.

You shall not engage in insulting, defamatory, threatening, hateful, discriminatory, obscene, sexual or violent conduct on (or through) this website nor shall you disseminate any such content;

You shall not disseminate any information or content on (or through) this website that may lead others to believe that such information or content comes from the Company.

The Company has the right (but not the duty) at its own discretion to unilaterally suspend or terminate all services provided to you through this website and to immediately, temporarily or permanently, remove any content that you have published thereon and to take any relevant action deemed appropriate by the Company in accordance with the law.

Linking to this Website

You may create linked content to pages on this website on the condition that you do so properly and lawfully and in a matter that does not injure or use the Company or this website’s reputation. Nonetheless, such linked content shall not imply in any way that there is any actual but not existent relationship with the Company or this website whereby the linked content is connected to, licensed by authorized by, endorsed by or speaks for the Company or this website.

Links to Third Party Websites

This website may contain links to websites that are not under the control of the Company (“Outside Websites”). Outside Websites are operated, maintained, and managed by third parties and the Company has no ability or duty to take responsibility for the content, products, or services on Outside Websites. The content on this website including linked content should not be deemed to have licensed, guaranteed, authorized, endorsed, or spoken for the content, products, or services on Outside Websites. You should directly refer to the Terms of Use and Privacy Policies of all Outside Websites. You agree that the Company has no legal liability for any dispute, loss, or harm arising from your use of Outside Websites. You should resolve such legal disputes directly with the owner, manager, or other related persons of the Outside Website.

Limitation of Liability

The services and information provided to you on this website are provide to you on an as-is basis that may occasionally include defects. To the extent permitted by law, you agree that the Company (including its affiliates, shareholders, directors, managers, representative, agents and legal consultants, hereinafter referred to as the “Non-Liable Persons”) is not liable to you for any warranty of quality, tort, breach of contract, or other legal liability. If the Company or the Non-Liable Persons nonetheless have any legal liability to you for compensatory damages, you agree that the Company and the Non-liable Persons are liable for compensatory damages only to the extent that you are able to prove the harm suffered and that such damages do not include your lost profits, lost time, or any purely economic loss.

You also agree and are aware that the Company has no duty to update the content of the services and information provided on this website from time to time. Consequently, the Company does not warrant that the services and information on this website are up to date or that they are free from defects. At the same time, the Company will make efforts to take reasonable security precautions to maintain the security of this website. Nevertheless, the Internet is not a completely safe environment and the Company does not warrant that all services and information that you receive on this website are free from computer viruses or are completely safe. Your only remedy in the event that you are dissatisfied with any materials, products, services or the Terms of Use is to cease your use of the website.

Indemnification and Effect of Breach

You warrant that you will fully abide by the provisions of these Terms of Use when using the website. In the event that you violate the provisions of these Terms of Use and any person claims any compensatory damages from or pursues the legal liability of the Company or the Company’s Affiliates, shareholders, directors, officers, employees, representatives, agent, legal consultants (the “Indemnified Persons”), you warrant that you will hold the Company and the Indemnified Persons harmless from all harm, loss, and expenses (including but not limited to attorney fees and the expense of legal proceedings or litigation) and any harm, loss (including but not limited to harm suffered, lost profits and any administrative or criminal fine or penalty imposed on the Company or the Indemnified Persons), and expenses (including but not limited to attorney fees and the expense of legal proceedings or litigation) incurred in recovering damages for such harm, loss, or expenses from you. If you violate these Terms of Use or any other agreement between you and the Company, the Company has the right to temporarily or permanently suspend your account, to ban you from using this website, and to terminate the legal relationship(s) arising from your agreements with the Company. Such suspension, ban, or termination does not affect the Company’s right to claim any form of legal liability from you.

Miscellaneous Provisions

If there are agreements between you and the Company other than these Terms of Use, any matters not provided for in these Terms of Use shall be governed by those agreements and any matters not provided for in those agreements shall be governed by these Terms of Use. If there is a conflict between those other agreements and these Terms of Use, such other agreements shall prevail.

If any provision of these Terms of Use is deemed to be invalid, unlawful, or non-performable, terms of similar economic meaning shall replace such invalid, unlawful, or non-performable provision. If no term can replace such invalid unlawful, or non-performable provision of these Terms of Use, then such provision shall be deemed to have not been included in these Terms of Use without impairing the effectiveness of any other provision of these Terms of Use.

You may not assign any of the rights or duties received under these Terms of Use to any other person without written consent from the Company.

You agree that the Company may assign the rights and duties obtained under these Terms of Use to any third party;

The headings used in these Terms of Use are for convenience; interpretation of these Terms of Use shall be based on the content of each provision and the headings shall have no effect.

Governing law and jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China. You agree that any dispute arising from this website or these Terms of Use shall be submitted to the non-exclusive jurisdiction of the Hong Kong Courts.

If you have any questions regarding these Terms of Use, please direct them to Suite 1205, 50 Connaught Road Central, Central, Hong Kong, or [[email protected]].