Terms Of Use

Welcome to www.alexandre-zouari-accessories.com/ ("Website") operated by Shiamas Limited ("Shiamas"). Please read the following Terms of Use carefully which govern your use of the Website and/or the information contained therein.

Throughout the Website, the terms "we", "us" and "our" refer to Shiamas.

By accessing the Website, you agree to be bound by the Terms of Use as well as accept the "Personal Data (Privacy) Policy Statement" ("Statement") posted on the Website.

We reserve the right to modify the Terms of Use from time to time without prior notice. Your continued use of the Website following such changes shall be deemed as your acceptance of the amended Terms of Use. If at any time you do not agree to any change to the Terms of Use, you should immediately stop using the Website.

The Terms of Use are written in both English and Chinese. In the event of any discrepancy or inconsistency between the English version and the Chinese version, the former shall prevail.

 

Use of the Website
  1. The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations regarding the Website.
  2. You are prohibited from violating or attempting to violate the security of the Website, including without limitation accessing data not intended for you, logging into a server which you are not authorized to access, probing, scanning or testing the vulnerability of a system or network utilized by the Website, breaching the security or authentication measures adopted by us for the Website and interfering with the access to or use of the Website by other users.
  3. You shall not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or any other materials which are malicious or technologically harmful, and shall not attack the Website in any manner whatsoever, including without limitation via denial-of-service attack or distributed denial-of-service attack.
  4. In the event that you have breached or violated, or we suspect that you have breached or violated or attempt to breach or violate, any provisions of the Terms of Use or any applicable laws and regulations, we shall have the absolute right to expel you and prevent your further access to the Website (by way of, including but not limited to, blocking your Internet Protocol (IP) address) without notice and compensation of any kind to you.
  5. Your breach or attempted breach of the Terms of Use, including without limitation this Clause [1], will subject you to civil liability and possibly also criminal liability, whereupon we shall take legal actions against you as we deem necessary and expedient, including without limitation reporting to the relevant law enforcement authority(ies) and disclosing your identity to them.

 

Intellectual Property Rights
  1. All contents on the Website (including without limitation text, designs, pictures, graphics, logos, icons, images, layout, brands, illustrations, audio and video clips, interfaces, codes, software, the compilations, selections and arrangements thereof and other proprietary materials contained on the Website) are the exclusive properties of ours and are protected by copyright, trademark, service mark and/or other proprietary laws.
  2. Without prejudice to Clause [1], all trademarks used on the Website are the registered or trademarks of ours or our Affiliates or third party licensors, which are protected by trademark laws. Nothing contained in the Website shall be construed as granting, by implications, estoppel or otherwise, any licence or right to use any trademarks displayed on the Website.
  3. You may access, copy, download and print the materials contained on the Website for your personal non-commercial use only, provided, however, you will not modify or delete any copyright, trademark or other proprietary notices in such materials in whatsoever manner. You will not obtain any right, title or interest in any of such materials as a result of such access, copying, downloading or printing.
  4. Any use of the contents on the Website other than those permitted under the Terms of Use, including but not limited to modification, removal, distribution, transmission, reproduction, broadcast, publication, display, licensing, reverse engineering, transfer or sale of, or commercial exploitation of or creation of derivative works from, any materials obtained from the Website (in whole or in part), or use of the Website for purposes competitive to the businesses of ours or our Affiliates without our prior written consent, is strictly prohibited.

 

Contents of the Website
  1. The maintenance of the Website and all materials and information presented thereon are intended for your personal entertainment, information, education and/or communications only, and shall not howsoever be regarded as our offer for sale of any goods or provision of any services. For the avoidance of doubt, pictures of the products displayed on the Website are for reference only.
  2. We give no warranty as to the accuracy, completeness, timeliness, utility or other qualities of the information contained on or given in relation to the Website, and shall not be liable for damage of any kind (whether we ought reasonably to have known or had been advised on the possibility of the same) arising from and/or in connection with the information contained on the Website. In no event shall you rely on any of the materials on the Website as the sole basis for making decisions without consulting primary and more accurate, complete and timely sources of information. Any reliance on the materials on the Website is entirely at your own risk.
  3. Any typographical error, clerical or other error or omission on the Website shall be subject to our correction at any time without any liability on our part.
  4. We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you. In any event, we shall not be liable to you for any modification to or withdrawal of the Website.

 

Communication and Submission
  1. You agree and consent that any and all comments, messages, data, suggestions, designs, concepts and other items or materials disclosed, submitted or offered to us through or in connection with the Website (collectively "Submission") are of non-confidential basis, save and except for the Submission made under or in connection with the sections "Franchise Opportunities" and "Career" and any other sections as we may advise from time to time of the Website. We shall be under no obligation to (i) maintain any Submission in confidence (save in relation to the foregoing excepted Submission); (ii) pay to you or anyone any compensation for or in connection with the use of any Submission; or (iii) respond to any Submission.
  2. You represent and warrant that no Submission by you (i) violates any applicable laws or regulations; (ii) infringes the copyright, trademark, trade secrets or other intellectual property rights of others or violates the privacy or publicity or other personal rights of others; (iii) is libelous, defamatory, obscene, pornographic, scandalous, threatening, abusive or hateful; (iv) advertises or solicits funds, goods, services, or disseminates any junk mails, spam, chain letters, schemes or other forms of solicitation (unless the nature of the Website requires such activities); or (v) contains viruses, Trojan horses, worms, corrupted files, or other materials that may cause damage to another's computer.
  3. You shall not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission.
  4. If you make any Submission through the Website, you unconditionally grant us and our Affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media (subject to Clause [1]) and carry out any other lawful purposes, without any compensation to you or any other person.

 

Link to Other Websites
Where the Website provides links to other websites which are operated by our Affiliates or any other third parties, these are provided solely as a convenience to you, and shall not in any way be regarded as an endorsement of any kind by us approving the contents on such websites. If you access any of such websites, you do so entirely at your own risk and are subject to the terms and conditions applicable thereto. We neither take any responsibility for nor make any representations, warranties or undertakings (whether express or implied) as to their availability and the contents contained therein. We shall not be responsible for any loss, damage or other liability incurred as a result of your use of any of such websites. Any questions or comments relating to such websites shall be addressed to the operators and/or proprietors of such websites.

 

Disclaimer and Limitation of Liability
  1. Given the unpredictability of technology and the online environment, we do not warrant (whether expressly or impliedly) that the function, operation or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available will be free of viruses, Trojan horses, worms or other harmful elements. It is your responsibility to ensure that the right equipment is available to you in order to properly access and use the Website and screen out anything that may damage your computer. We accept no liability whatsoever and howsoever arising from and/or in connection with your use of or inability to access the Website.
  2. The Website and its contents are provided on an "as is" basis at your own risk without any warranties of any kind. To the fullest extent permissible under applicable laws and regulations, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Website and the information contained therein.
  3. We shall not be liable for any failure, delay or default in carrying out our obligations or duties hereunder directly or indirectly caused by or resulted from acts of God, fire, flood, accident, riot, war, terrorist attack, government intervention, embargoes, strikes, labour disputes, equipment failures (including but not limited to Internet system failure), or any other causes beyond our reasonable control.
  4. Without prejudice to this Clause "Disclaimer and Limitation of Liability" and subject to applicable laws and regulations, our aggregate liability to you for all claims arising from your use of the Website shall be limited to the amount of HK$50.

 

Indemnity

You irrevocably and unconditionally agree to defend, indemnify and hold harmless us, our officers, directors, agents, employees, contractors, franchisees, licensors, licensees, other representatives and Affiliates from and against all claims, actions, demands, liabilities, expenses, losses, damages and other costs whatsoever (including but not limited to any claims made against us by any third party) arising from and/or in connection with your use of the Website or breach of the Terms of Use.

 

Privacy Policy

We respect your privacy and are committed to protect your personal information and data. Please refer to the Statement for details.

 

Entire Agreement

The Terms of Use shall constitute the entire agreement between you and us relating to your use of the Website, and shall replace and supersede all other communications (written or oral), discussions, letters and contracts relating to the subject matter hereof.

 

Assignment

You shall not assign or transfer any of your rights or obligations under the Terms of Use without our prior written consent.

 

Waiver

No failure or delay by us in exercising any right, power or remedy under the Terms of Use shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by us of any of your breach of any provision of the Terms of Use shall be deemed as a waiver of any subsequent breach of that or any other provision herein.

 

Severability

The provisions contained in each clause of the Terms of Use shall be enforceable independently of each of the others, and its validity shall not be affected if any of the others is invalid. In the event that any provision of the Terms of Use is determined to be illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions of the Terms of Use shall not be affected and, in lieu of such illegal, invalid or unenforceable provision, there shall be added as part of the Terms of Use one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable laws.

 

Governing Law and Dispute Resolution

The 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 ("HKSAR"). You irrevocably agree that the courts of the HKSAR shall have exclusive jurisdiction in relation to any claim or dispute arising out of or in connection with the Terms of Use or the breach, termination or invalidity thereof.

 

Enquiries

If you have any enquiries relating to the Website, please email us at info@shiamas.com. Whilst we endeavour to respond to each and every enquiry that you make as promptly as practicable, we shall not be responsible and/or liable for any delayed response or omission to respond.