Terms of Service
This website, together with its associated mobile sites and applications (collectively, the “Site”), is owned and operated by www.de-yoursite.com (the “Company”). These Terms of Use (“Terms of Use”) apply whenever you access or use the Site. Any purchase of products or services available through this Site is governed by the Terms of Purchase (“Terms of Purchase”) on the relevant Company website, which is incorporated herein by reference. Additionally, your use of this Site is governed by the Privacy Notice, which is incorporated herein by reference.
Throughout the Site, the terms “we”, “us” and “our” refer to the Company. The Company makes this Site, including all information, tools and services available through it, available to you subject to your acceptance of these Terms of Use. By continuing to use this Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please refrain from using the Site.
PLEASE CAREFULLY READ THESE TERMS OF USE, ALONG WITH THE PRIVACY NOTICE AND OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF USE, BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, 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 through 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 through this Site, where appropriate.
Privacy Notice 🔒
A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information through this Site is available at www.de-yoursite.com.
You consent to any personal information we obtain about you, whether through this Site, by email, telephone or any other means, being collected, stored and otherwise processed in accordance with the Privacy Notice.
Licence and Site Access
All content available through this Site, including, without limitation, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement of that content, is owned exclusively by the Company, its licensors or its content providers and is protected by copyright, trade mark and other applicable laws.
The Company grants you a limited licence to access and make personal use of this Site. Unless otherwise stated, you may access, copy, download and print content available through this Site for your personal, non-commercial use, provided that you do not modify or remove any copyright, trade mark or other proprietary notices displayed within the content.
The Company, its licensors and its content providers retain full ownership of all content available through the Site, including all associated intellectual property rights. This content is provided to you under a licence that may be revoked at any time at the Company’s sole discretion.
The Company strictly prohibits any other use of content available through the Site, including, but not limited to:
- downloading, copying or otherwise using the content or the Site for purposes that compete with the Company or benefit another supplier or third party;
- caching, unauthorised linking to the Site or framing any content available through the Site;
- modifying, distributing, transmitting, performing, broadcasting, publishing, uploading, licensing, reverse engineering, transferring or selling any content, products or services obtained through the Site, or creating derivative works from them, where you do not have the right to make them available, including intellectual property belonging to another party;
- uploading, posting or transmitting material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or restrict the functionality of a computer;
- using hardware or software intended to secretly intercept or otherwise obtain information from the Site, including system data or personal information, through scraping, data-mining techniques, robots or similar data-gathering and extraction tools; or
- taking any action that places, or may place, an unreasonable or disproportionately large load on the Company’s infrastructure, or damages or interferes with the proper operation of that infrastructure.
You are responsible for arranging your access to the Site. This access may involve third-party charges, including internet service provider or telecommunications charges. You are also responsible for providing all equipment necessary to access the Site.
You must not bypass any measures implemented to prevent or restrict access to this Site. Any unauthorised access to or use of the Site by you, including access involving an account you establish through the Site or a device you use to access it, will terminate the permission or licence granted to you by the Company.
The Company reserves the right to refuse or cancel any person’s registration, remove any person from the Site, prohibit any person from using the Site for any reason, or restrict or terminate access to or use of the Site at any time without notice.
The Company does not warrant or represent that your use of content available through this Site will not infringe the rights of third parties that are not affiliated with the Company.
Termination of your access to or use of the Site will not waive or affect any other right or remedy available to the Company under law or equity.
Content You Submit
You acknowledge that you are responsible for any content you submit through the Site, including its legality, reliability, appropriateness, originality and copyright status.
You must not upload, distribute or otherwise publish through this Site any content that is confidential, proprietary, invasive of privacy or publicity rights, infringes intellectual property rights, or is unlawful, harmful, threatening, false, fraudulent, libellous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially or ethnically offensive or otherwise objectionable.
This includes, without limitation, content that encourages conduct that would constitute a criminal offence, violates another party’s rights, gives rise to civil liability or otherwise breaches any applicable law.
You must not use a false email address or other identifying information, impersonate another person or organisation, or otherwise misrepresent the origin of any content.
For any content you submit, post, upload, publish or otherwise make available through the Site, other than personal information handled in accordance with the Privacy Notice, you grant the Company a perpetual, irrevocable, non-terminable, worldwide, transferable, royalty-free and non-exclusive licence to use, copy, distribute, publicly display, modify, create derivative works from and sublicense that content, or any part of it, in any media.
Any such content will not be treated as confidential.
You represent, warrant and agree that:
- any content you provide does not contain material, including text, images, music or video, for which you do not have the full right to grant the Company the licence described above; and
- the Company may exercise its rights in relation to your content or implement that content without obtaining permission or a licence from any third party and without referring to you or any other person.
Third-Party Links
This Site may contain links to websites or resources operated by third parties that are not affiliated with the Company. These links are provided for your convenience and as an additional way to access the information they contain.
We are not responsible or liable for any content, advertising, products or other materials available through those websites or resources.
The inclusion of a link to another website or resource should not be interpreted as an endorsement of its content. Different terms and conditions and privacy policies may apply when you use third-party websites or resources.
The Company is not responsible or liable, directly or indirectly, for any damage, loss or liability caused, or alleged to have been caused, by your use of or reliance on any content, products or services available through a linked website or resource.
Disclaimers
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS OF USE, THE TERMS OF SERVICE OR THE TERMS OF PURCHASE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND PROVIDES NO OTHER CONDITIONS, WHETHER EXPRESS OR IMPLIED, IN RELATION TO ANY MATTER.
THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS RELATING TO MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, ANY CONTENT AVAILABLE THROUGH THE COMPANY’S SITES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE COMPANY’S SITES, AS WELL AS WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE OR COURSE OF DEALING.
YOUR USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK.
THE SITE AND ALL MATERIALS, INFORMATION, SERVICES AND PRODUCTS AVAILABLE THROUGH IT 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 OF IT, AT ANY TIME.
THE COMPANY DISCLAIMS ANY WARRANTY THAT:
- ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE;
- THE SITE WILL BE SECURE;
- THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE FROM VIRUSES; OR
- INFORMATION AVAILABLE THROUGH THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR 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 RESULTING FROM THAT DOWNLOAD.
NO ADVICE OR INFORMATION OBTAINED THROUGH THE SITE WILL CREATE A WARRANTY OF ANY KIND.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT ALLOW PARTICULAR WARRANTIES TO BE EXCLUDED. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS 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 THAT INFORMATION YOU SEND OR RECEIVE WHILE USING THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORISED PARTIES.
YOU ALSO ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING CONSUMER PROTECTION LAW, NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS, COLLECTIVELY REFERRED TO AS 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 CONNECTED WITH:
- THIS SITE OR ANY OTHER WEBSITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE;
- ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US;
- ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE COMPANY’S SITES, INCLUDING DAMAGE OR INJURY ARISING FROM THE USE OF THOSE PRODUCTS OR SERVICES, INCLUDING PRODUCT LIABILITY;
- ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED OR OBTAINED THROUGH THE SITE;
- THE MODIFICATION, REMOVAL OR DELETION OF CONTENT SUBMITTED OR POSTED THROUGH THE SITE; OR
- ANY OTHER USE OF THE SITE, WHETHER A CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY OR ANOTHER LEGAL BASIS, EVEN WHERE THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You are responsible for evaluating the accuracy, completeness and usefulness of any opinion, advice or other content available through the Site or obtained through a linked website or resource.
This disclaimer applies, without limitation, to damage or injury resulting from:
- failure of performance;
- errors or omissions;
- interruptions or deletions;
- defects;
- delays in operation or transmission;
- computer viruses;
- file corruption;
- communication-line failures;
- network or system outages;
- loss of profits;
- theft or destruction;
- unauthorised access to, alteration of, loss of or use of records 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 will be liable for defamatory, offensive or illegal conduct by a user of the Site.
Your sole remedy in relation to 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 relating to the Site must be commenced within one year after the cause of action arises. Otherwise, the cause of action will be permanently barred.
Some jurisdictions do not permit limitations on the duration of implied warranties or the exclusion or limitation of liability for consequential or incidental damage. Accordingly, all or part of the limitations above may not apply to you.
Indemnities
You agree to indemnify and hold the Company Parties harmless from and against all fines, penalties, liabilities, losses and other damage of any kind, including legal and expert fees, incurred by the Company Parties.
You must also defend the Company Parties against claims arising from:
- your breach of these Terms of Use;
- your breach of the Terms of Purchase;
- fraud committed by you, intentional misconduct or gross negligence; or
- your violation of applicable law or the rights of a third party.
The Company Parties will control the defence of any claim to which this indemnity applies. You must not settle any such claim without the prior written approval of the Company Parties.
Electronic Communications
When you use the Site or send emails to the Company, you are communicating with the Company electronically.
You consent to receiving communications relating to your use of the Site electronically. The Company may communicate with you by email or by posting notices through the Site.
You agree that all agreements, notices, disclosures and other communications provided electronically satisfy any legal requirement that those communications be in writing.
All notices from the Company intended for a customer will be taken to have been delivered and become effective when sent to the email address provided by that customer through any Company Site.
Site Contributions
The Site may allow users to submit or post messages.
The Company is not required to review any content, including messages, posted on or sent through the Site by users and accepts no responsibility or liability in relation to that content.
At its sole discretion, the Company may monitor, decline to publish or remove any such content.
Trade Marks and Copyright
The trade marks, logos and service marks displayed through the Site, collectively referred to as the “Marks”, are owned by the Company, its licensors, its content providers or other parties.
Users and anyone acting on their behalf are prohibited from using any Mark for any purpose, including as a meta tag on another page or website, without the written permission of the Company or the relevant third party that owns the Mark.
You must not use frames or framing techniques or technologies to enclose content available through the Site without the Company’s express written consent.
You must not use Site content in meta tags or through any other hidden-text technique or technology without the Company’s express written consent.
All content, including software programs, available on or through the Site is protected by copyright, trade mark and other applicable laws.
Intellectual Property Infringement Claims
The Company respects the intellectual property rights of others and asks its users to do the same.
The Company has adopted and reasonably implemented a policy allowing it to terminate, in appropriate circumstances, the access of website users who repeatedly infringe copyright.
If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated, please provide the following information to the Company’s Copyright Agent.
To be effective, the notification must be made in writing and must include:
- an electronic or physical signature of the person authorised 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 believe has been infringed or, where multiple copyrighted works on one website are covered by a single notification, a representative list of those works;
- identification of the material claimed to be infringing or involved in infringing activity and that is to be removed or made inaccessible, together with a description of where the material is located on the Site;
- your address, telephone number and, where available, email address;
- a statement that you genuinely believe the disputed use is not authorised by the copyright owner, its agent or the law; and
- a statement, made under penalty of perjury, that the information contained in your notification is accurate and that you are the copyright or intellectual property owner, or are authorised to act on behalf of the owner.
The Company’s agent for notices relating to copyright or other intellectual property infringement may be contacted at:
Email: service@de-yoursite.com
The Company may update this contact information from time to time without providing individual notice. Current contact information will be published through the Site.
Survival of Terms
Despite any other provision of these Terms of Use or any general legal principle to the contrary, any provision that imposes or contemplates continuing obligations on a party will survive the expiry or termination of these Terms of Use.
Force Majeure
The Company will be excused from performing its obligations under these Terms of Use or the Terms of Purchase to the extent that performance is prevented or delayed, in whole or in part, by an event or series of events caused by or resulting from:
- weather conditions, natural events or acts of God;
- acts of war, terrorism, insurrection, riots, civil disorder or rebellion;
- quarantines or embargoes;
- labour strikes; or
- other circumstances beyond the Company’s reasonable control.
Risk of Loss
Items purchased through the Site are shipped by a third-party carrier under a shipping contract.
Risk of loss and ownership of those items pass to you when the items are delivered by us to the carrier.
Dispute Resolution ⚖️
By using the Site in any way, you unconditionally consent and agree that:
- any dispute, controversy, difference or claim arising out of or relating to this agreement, including its existence, validity, interpretation, performance, breach or termination, or any dispute concerning non-contractual obligations arising out of or relating to it, will be referred to and finally resolved through arbitration under the UNCITRAL Arbitration Rules in force when the Notice of Arbitration is submitted;
- the law governing this arbitration clause will be the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”);
- the place of arbitration will be Hong Kong;
- the arbitration will be conducted by one arbitrator appointed by the Hong Kong International Arbitration Centre; and
- the arbitration proceedings will be conducted in English.
General Provisions
If a provision of these Terms of Use or the Terms of Purchase is found to be invalid, void or unenforceable for any reason, the parties agree that the relevant court should endeavour to give effect to the parties’ intentions as reflected in that provision.
The unenforceable provision will be treated as severable and will not affect the validity or enforceability of the remaining provisions of these Terms of Use or the Terms of Purchase.
Section headings are provided for reference only and do not limit the meaning, scope or extent of a section.
These Terms of Use, the Terms of Purchase and the relationship between you and the Company will be governed by the laws of Hong Kong, to the extent that those laws are not pre-empted by or inconsistent with applicable federal law, without regard to conflict-of-law principles.
For proceedings that are not subject to arbitration, you and the Company agree to submit to the personal jurisdiction of a court located in Hong Kong.
If the Company does not take action in relation to a breach of these Terms of Use or the Terms of Purchase by you or another person, this does not waive the Company’s right to take action in relation to a later or similar breach.
If content available through this Site, or your use of the Site, is contrary to the law of the location from which you access it, the Site is not intended for you and you should not use it.
You are responsible for familiarising yourself with the laws that apply in your jurisdiction and for complying with them.
The Company does not guarantee that it will take action in relation to every breach of these Terms of Use or the Terms of Purchase.
Unless expressly stated otherwise in these Terms of Use or the Terms of Purchase, there will be no third-party beneficiaries under these Terms of Use or the Terms of Purchase.
Changes to These Terms of Use
You acknowledge and agree that the Company may, at its sole discretion, modify, add or remove any part of these Terms of Use at any time by publishing revised Terms of Use through the Site.
You may not amend or modify these Terms of Use under any circumstances.
You are responsible for reviewing these Terms of Use periodically for changes.
Your continued use of the Site after revised Terms of Use have been published means that you accept those changes.
Assignment
You may not assign these Terms of Use or the Terms of Purchase, or any rights, benefits or obligations arising under them, by operation of law or otherwise, without the Company’s prior written consent.
The Company may withhold that consent at its sole discretion.
Any attempted assignment that does not comply with these Terms of Use or the Terms of Purchase will be null and void.
The Company may assign these Terms of Use or the Terms of Purchase, in whole or in part, to any third party at its sole discretion.
Entire Agreement and Admissibility
These Terms of Use constitute the entire agreement and understanding between you and the Company in relation to their subject matter.
They replace all previous or contemporaneous communications and proposals, whether oral or written, between the parties concerning that subject matter.
For the avoidance of doubt, these Terms of Use apply only to the extent permitted by law.
In some circumstances, these Terms of Use and a separate document containing additional conditions may both apply to a product or service offered through the Site. These separate conditions are referred to as the “Additional Terms”.
Where there is a conflict between these Terms of Use and the Additional Terms, the Additional Terms will prevail unless they expressly state otherwise.
A printed version of these Terms of Use will be admissible in judicial or administrative proceedings concerning the use of this Site to the same extent and under the same conditions as other business documents and records originally created and maintained in printed form.
How to Contact Us 📩
For questions or comments about these Terms of Use or the Site, please contact the Legal Department for www.de-yoursite.com:
Email: service@de-yoursite.com