Terms and Conditions
MegaElite.com and its sub-domains (hereinafter collectively referred to as the "Sites") are powered by Mega Elite Global Co., Ltd. (hereinafter referred to as the "Company"). By using the Sites and any other site accessed through the Sites, users acknowledge and agree that the Privacy Statement and the terms and conditions (hereinafter referred to as the "T&C") set out below are binding upon them. If user does not accept either or both of the Privacy Statement and the T&C, please do not use the Sites. The Company may revise the Privacy Statement and the T&C at any time without prior notice. Once posted on the Sites, the amended Privacy Statement and the T&C shall apply to all users. Users are advised to visit this page periodically to review the latest Privacy Statement and the T&C. User’s access to the Sites and the Services (as defined below) will be terminated upon his/her notice to the Company that any change is unacceptable; otherwise the continued use shall constitute acceptance of all changes and they shall be binding upon the user.
1. General Terms
The Company provides an online platform for individuals, companies and organizations to browse and order the products related to souvenirs and gifts. The Company is the owner of the products listed in the sites.
The Company is committed to protect the privacy of the users of the Sites. The Company uses the information of the users according to the terms as described in the Privacy Statement.
2. Prohibited Uses for all users
Users of the Sites agree not to use any of the Sites for any of the following purposes which are expressly prohibited: -
All users are prohibited from violating or attempting to violate the security of the Sites including, without limitation, accessing data not intended for them or logging into a server or account which they are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization, attempting to interfere with service to any user, host or network or sending unsolicited e-mail. Violation of system or network security may result in civil or criminal liability.
All users shall not use the Sites (1) for transmitting, distributing or storing material in violation of any applicable law or regulation; or (2) in any manner that will infringe the copyright, trademark, trade secrets or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others; or (3) in any manner that is libelous, obscene, threatening, abusive or hateful. In particular, all users shall not print, download, duplicate or otherwise copy any personally identifiable information about other uses (if any). All unsolicited communications of any type to users is strictly prohibited.
Users shall not use the Sites if they do not have legal capacity to form legally binding contracts.
Users shall not post any advertisement or materials on the Sites which contains any false, inaccurate, misleading or libelous content or contains any computer virus. Also, the advertisement shall not be fraudulent or involve sale of illegal products.
Users shall not engage in spamming, including but not limited to any form of emailing that is unsolicited.
3. Acceptable uses of the Sites
a. Specific uses - User posting advertisements or materials on the Sites (the "Users")
Users shall, subject to the terms and conditions set out below and in the Privacy Statement, be entitled to post any advertisements or other materials on the Sites.
The User agrees that he/she/it shall only use the Sites for lawful purposes.
The User agrees and consents that the Company and/or its affiliates may use his/her personal data for purposes relating to the provision of services offered by the Company and marketing services and special events of the Company and its affiliates.
b. Specific uses - User viewing the advertisements (the "Viewer")
Viewer agrees that any personal data received from the Sites or the Company shall only be used for the purpose of identifying and or locating advertisements or materials or any content therein. Any personal data which are irrelevant to the above purposes shall be disregarded. Viewer also agrees that any personal data collected from the Sites or the Company shall be promptly and properly deleted when the above purposes have lapsed or been achieved.
4. Intellectual Property Rights
The text, images, layout, database, graphics, pictures, sounds or audio formats, software, brands and all other materials on the Sites are the intellectual properties of the Company which are protected by copyright and trademark laws and may not be downloaded or otherwise duplicated without the express written permission of the Company. Re-use of any of the foregoing is strictly prohibited and the Company reserves all rights.
5. Responsibility
The Company may not monitor the Sites at all times but reserves the right to do so. The Company does not warrant that any advertisement or web page or materials will be viewed by any specific number of users or that it will be viewed by any specific user. The Company shall not in anyway be considered an agent of user with respect to any use of the Sites and shall not be responsible in any way for any direct or indirect damage or loss that may arise or result from the use of the Sites, for whatever reason made. WHILST ENDEAVOURING TO PROVIDE A QUALITY SERVICE TO USERS, THE COMPANY DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS. IF USE OF THE SITES OR THEIR CONTENTS RESULT IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA BY ANY USER, THE COMPANY SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THE SITES AND THEIR CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT PREJUDICE TO THE FOREGOING, ANY IN RESPECT OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, OR ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENTS, SERVICES, TEXT, GRAPHICS AND LINKS OF THE SITES.
6. Indemnity
All users agree to indemnify, and hold harmless the Company, its officers, directors, employees and agents from and against any claims, actions, demands, losses or damages arising from or resulting from their use of the Sites or their breach of the terms of this Agreement. The Company will provide prompt notice of any such claim, suit or proceedings to the relevant user.
7. Limitation of the Service
The Company shall have the right to limit the use of the Services, including the period of time that contents will be posted on the Sites, the size of the contents, email messages or any other contents which are transmitted by the Services. The Company reserves the right, in its sole discretion, to modify or remove any contents or materials posted on the Sites, for any reason, without giving any prior notice or reason to users. Users acknowledge that the Company shall not be liable to any party for any modification, suspension or discontinuance of the Service.
8. Termination of Service
The Company shall have the right to delete or deactivate any account, or block the email or IP address of any user, or terminate the access of users to the Services, and remove any content within the Services immediately without notice for any reason. The Company shall have no obligation to deliver any material or content posted on the Sites to any user at any time, both before or after cessation of the Services or upon removal of the related contents from the Sites.
9. Disclaimer
The Company does not have control over and does not guarantee the truth or accuracy of listings of any advertisement or materials on the Sites.
IN ANY EVENT, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE IN ANY EVENT FOR ANY LOSSES, CLAIMS OR DAMAGES SUFFERED BY ANY USER WHATSOEVER AND HOWSOEVER ARISING OR RESULTING FROM HIS/HER USE OR INABILITY TO USE THE SITES AND THEIR CONTENTS, INCLUDING NEGLIGENCE AND DISPUTES BETWEEN ANY PARTIES.
10. Limitation of Liability
Without prejudice to the above and subject to the applicable laws, the aggregate liability by the Company to any user for all claims arising from their use of the Services and the Sites shall be limited to the amount of HK$1,000.
11. Security Measures
The Company will use its reasonable endeavours to ensure that its officers, directors, employees, agents and/or contractors will exercise their prudence and due diligence in handling the personal data submitted by the Users, and the access to and processing of the personal data by such persons is on a "need-to-know" and "need-to-use" basis. The Company will use its reasonable endeavours to protect the personal data against any unauthorized or accidental access, processing or erasure of the personal data.
12. Governing Law and Jurisdiction
The terms and conditions as set out herein and any dispute or matter arising from or incidental to the use of the Sites shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic ofChina("Hong Kong"). Both users and the Company shall submit to the exclusive jurisdiction of the courts of Hong Kong?xml:namespace>