Terms of Use

 

Terms of Use

These Terms of Use ("Terms") govern your access to and use of this website. Any purchase of products or services offered through this website is subject to the Terms and Conditions of Purchase ("Purchase Terms") available on the Company's applicable website, which are incorporated herein by reference. In addition, use of this website is subject to the Privacy Policy, which is also incorporated herein by reference.

Throughout the website, the terms "we," "us," and "our" refer to the Company. The Company offers this website, including all information, tools, and services available, conditioned on your acceptance of these Terms of Use. Your continued use of this website constitutes your acceptance of these Terms of Use. If you do not wish to be bound by these terms, please do not use this website.

PLEASE READ THESE TERMS OF USE CAREFULLY, ALONG WITH THE PRIVACY POLICY AND ANY OTHER REFERENCED POLICIES OR AGREEMENTS, BEFORE USING THIS SITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW.




Data Integrity

You represent that all information, data, and other materials you provide on this website or to the Company are true, accurate, current, and complete. It is your responsibility to update and correct the information provided on this website when necessary.

Data Protection Notice

You can find a copy of the Privacy Notice governing the collection, use, disclosure, and other processing of personal data on this website at kbzcare.store. You agree that any personal data we receive about you (whether through this website, by email, telephone, or otherwise) will be collected, stored, and processed in accordance with the terms set forth in the Privacy Notice.

License and Access to the Site

All content available on this Site (including, but not limited to, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as their selection and arrangement) is the exclusive property of the Company, its licensors, or 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 Website. Unless otherwise indicated, you may access, copy, download, and print the content available on this Site for your personal, non-commercial use, provided that you do not modify or delete any copyright, trademark, or other proprietary notices that appear on the content. The Company, its licensors, or content providers retain full ownership of the content available on the Site, including all associated intellectual property rights, and provide it to you under a license that may be revoked at any time at the Company's sole discretion.


Any downloading, copying, or other use of the Content or the Site for purposes competitive with the Company or for the benefit of any other provider or third party; any unauthorized caching, linking to the Website, or framing of any content available on the Website; any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer, or sale of any content, products, or services obtained from the Site that you do not have the right to make available (for example, intellectual property of another party); any uploading, posting, or transmission of material that contains computer viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer; the use of any hardware or software designed to stealthily intercept or otherwise obtain information (such as system data or personal information) from the Website (including, without limitation, the use of "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) a disproportionately large load on the Company's infrastructure or damages or disrupts the proper functioning of our infrastructure.

You are responsible for accessing the Site, and such access may be subject to third-party fees (for example, internet service provider or mobile phone provider fees). In addition, you must provide and be responsible for all equipment necessary to access the Website. You must not circumvent any measures taken to prevent or restrict access to this website. Any unauthorized access to the Site by you (including any access or use that in any way implicates any account you have created on the Site or any device you use to access the Site) will void your approval or license rights granted to the Company.

The Company reserves the right to refuse or cancel any person's registration on this Website, remove any person from this Website, prohibit any person from using this Website for any reason, and terminate your access to or use of the Website at any time, as well as restrict or terminate without prior notice. The Company neither warrants nor represents that your use of the content available on this site will not infringe the rights of third parties not affiliated with the Company. Termination of your access or use will not constitute a waiver of any other rights or remedies the Company may have at law or in equity.



Content You Submit

You acknowledge that you are responsible for all content you submit through the Website, including the legality, reliability, appropriateness, originality, and copyright of such content. You may not upload, distribute, or otherwise publish on this Website any content that is confidential, proprietary, invasive of privacy or publicity rights, infringing of intellectual property rights, or that is unlawful, harmful, threatening, false, fraudulent, defamatory, obscene, vulgar, profane, harassing, hateful, racially, ethnically, or otherwise objectionable, including:

You may not use a false email address or other identifying information, impersonate any person or entity, or mislead as to the origin of any content.

With respect to any content you submit, post, upload, distribute, or otherwise make available through the Website (except for personal information, which will be treated 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, reproduce, distribute, publicly display, modify, create derivative works, and sublicense such Content or any portion thereof in any media. Such content will not be treated as confidential. You represent, warrant, and covenant that: (i) the content you provide does not contain any content (including but not limited to text, images, music, or videos) for which you do not have the full right to grant such license to the Company; and (ii) that the Company is free to exercise its rights to your content and/or deploy it if it so chooses, without obtaining permission or licenses from any third party and without reference to you or any other person.

This Website may contain links to other websites or resources operated by third parties that are not affiliated with the Company. These links are provided as a convenience to you and as an additional means for you to access the information contained therein. We are not responsible for, and assume no liability for, the content, advertising, products, or other materials contained on or available from such websites or resources. The inclusion of links to other websites or resources should not be construed as an endorsement of the content of the linked websites or resources. Different terms and conditions and privacy policies may apply to the use of linked websites or resources. The Company will not be responsible or assume any liability, directly or indirectly, for any damage, loss, or liability.


DISCLAIMERS

EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF USE OR IN THE TERMS OF SERVICE OR PURCHASE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS, OBLIGATIONS, OR WARRANTIES, NOR DOES IT OFFER ANY OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO LIMITATIONS ON MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT ON THE SITES OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE COMPANY SITES, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF DEALING.

USE OF THIS WEBSITE IS AT YOUR OWN 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 WEBSITE OR ANY FEATURE OR PORTION THEREOF AT ANY TIME. THE COMPANY DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SITE IS SECURE, THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES, OR THAT THE INFORMATION ON THE SITE IS ACCURATE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE, OR OTHERWISE COMPLETE. IF YOU DOWNLOAD 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 SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED FROM YOU THROUGH THE SITE SHALL CREATE A WARRANTY OF ANY KIND.

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION 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, YOUR COMMUNICATIONS WITH THIRD PARTIES, AND YOUR PURCHASE AND USE OF PRODUCTS AND SERVICES AVAILABLE THROUGH THE COMPANY'S SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE WHILE USING THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED TO YOU FREE OF CHARGE. YOU ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES ARISING FROM THE 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 ON OR OBTAINED THROUGH THE SITE; (5) THE MODIFICATION, DELETION, OR ERASURE 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 USER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES WITHOUT LIMITATION TO DAMAGES OR INJURY RESULTING 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 FAILURE, LOSS OF PROFITS OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF RECORDS OR DATA, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU EXPRESSLY 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 CLAIM OR DISPUTE WITH THE COMPANY REFERRED TO ABOVE IS TO DISCONTINUE USING THE SITE.



YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES; OTHERWISE, THE CAUSE OF ACTION WILL BE 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 PART OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Indemnification

You will indemnify and hold harmless the Company Parties from all fines, penalties, liabilities, losses, and other damages of any kind (including attorneys' fees and expert witness fees), and will defend the Company Parties and such parties from any and all claims arising from: (1) your breach of these Terms of Use; (2) your breach of the Purchase Terms; (3) your fraud, intentional misconduct, or gross negligence; or (4) your violation of applicable law or the rights of a third party. The Company Parties will have control over the defense of any Claim to which this indemnification applies, and in any event, you may not settle any Claim without the Company Parties' prior written consent.

Electronic Communication

When you use the Site or send emails to the Company, you are communicating with the Company electronically. You agree to receive all communications related to your use of this website electronically. 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 provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from the Company intended to be received by a Customer will be deemed delivered and effective when sent to the email address provided by you on any of the Company Sites.

Trademarks and Copyrights

The trademarks, logos, and service marks ("Marks") displayed on the Site are owned by the Company or its licensors, content providers, or other parties. Users or parties acting on their behalf are prohibited from using the Marks for any purpose, including, but not limited to, use as metatags on other pages or sites, without written permission from the Company or a third party owner of the Marks. You may not frame or utilize framing techniques or technologies to enclose any content on the Site without the Company's express written consent. Additionally, you may not use any content from the Site in any meta tags or other "hidden text" techniques or technologies without the Company's express written consent. All content (including all software) available on or through the Site is protected by copyright, trademark, and other applicable laws.

Intellectual Property Infringement Claims

The Company respects the intellectual property of others, and we ask our users to do the same. You are hereby notified that the Company has adopted and reasonably implemented a policy that provides for the termination, in appropriate circumstances, of Site users who repeatedly infringe copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the Company's copyright agent with the following information (to be effective, the notification must be in writing and filed with 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 right; a description of the copyrighted work or other intellectual property right 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 you claim is infringing or 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 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 notifications of alleged copyright or other intellectual property infringement can be reached as follows:

By email: support@kbzcare.store

The Company may update this contact information from time to time without notice to you. We will post updated contact information on this website.

Survival of Terms After Termination

Notwithstanding any other provision of these Terms of Use or any general principle of law to the contrary, all provisions of these Terms of Use that impose or provide continuing obligations on a party shall survive the expiration or termination of these Terms of Use.


Force Majeure

The Company is excused from compliance with these Terms of Use or Purchase to the extent caused by an event or series of events occasioned by (1) weather conditions or other natural elements or acts of God, (2) acts of war, acts of terrorism, riots, rebellions, civil disorders, or insurrections, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the Company's reasonable control that prevent or delay its performance in whole or in part.

Risk of Loss

Items purchased through the Site are shipped by a third-party carrier under a shipment contract. As a result, the risk of loss and title for such items pass to you upon delivery to the carrier.

General

If any provision of these Terms of Use or Purchase is deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. The unenforceable provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms of Use or Purchase. Section headings are for convenience of reference only and do not limit the scope or extent of each section. These Terms of Use or Purchase and the relationship between you and the Company are governed by the laws of Hong Kong, to the extent not preempted or inconsistent with federal law, without regard to conflict of law provisions. For all claims not subject to arbitration, both parties submit to the personal jurisdiction of a court in Hong Kong.

The Company's failure to act with respect to a breach of these Terms of Use or the Purchase Conditions by you or others does not constitute a waiver of the Company's right to act with respect to subsequent or similar breaches. If any content on this Website or your use of the Website violates the laws of your location at the time you access the Website, the Website is not intended for you, and we ask that you do not use it. You are responsible for informing yourself of and complying with the laws of your country.

The Company does not guarantee that it will take action against all violations of these Terms of Use or the Purchase Conditions. Except as otherwise expressly provided in these Terms of Use or Purchase, there are no third-party beneficiaries of these Terms of Use or Purchase.

Assignment

You may not assign these Terms of Use or Purchase (or any rights, benefits, or obligations under them) by operation of law or otherwise, without the Company's prior written consent, which may be withheld at the Company's sole discretion. Any attempted assignment that does not comply with these Terms of Use or the Conditions of Purchase will be null and void. The Company may assign these Terms of Use or the Conditions of Purchase, in whole or in part, to any third party at its sole discretion.

Entire Agreement and Eligibility

These Terms of Use constitute the entire agreement and understanding between you and the Company with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. For the avoidance of doubt, these Terms of Use apply only to the extent permitted by law.

In some cases, both these Terms of Use and a separate document containing additional terms and conditions may apply to a service or product offered through this Site ("Additional Terms"). In the event of a conflict between these Terms of Use and the Additional Terms, the Additional Terms shall prevail, unless they expressly provide otherwise.

Printed Version of These Terms of Use

A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to the use of this Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms of Use and any separate agreements we provide to you shall be governed by and construed in accordance with the laws of Hong Kong (HK).

Contact Us

If you have any questions or comments about these Terms of Use or this Site, please contact the Legal Department by email at support@kbzcare.store.

Jazzmok Limited
Unit 616, 6/F, Kam Kam Industrial,
135 Connaught Road West, Sai Ying Pun,
Hong Kong