1 Terms and Conditions of www.emmas.com.hk (the “Website”)
1.1 We, Advanced Sleep Innovations (Hong Kong) Company Limited (“EMMAS Mattress”), technically operate the Website. However, we exercise no editorial control over some of the Content on the Website particularly when the contents or other Internet sites are provided by other persons on the Website or is partly operated by other persons and you may view or access the same through the Website (“Third Party Providers”).
1.2 We reserve the right to modify the terms and conditions herein from time to time by updating this posting without notice. The revised terms and conditions will take effect when they are posted.
1.3 You acknowledge that we may, solely in our absolute discretion and with or without notice:
a. vary the Website or any part of it (including any sub portal for which you are required to register); and
b. modify or discontinue the Website, any part of the Website and the services available on it.
2.1 You acknowledge that the Content on the Website is subject to copyright and possibly other intellectual property rights (“Intellectual Property Rights”) owned by us or any other person. Unless you are expressly authorized by law, you must not by yourself or permit any other person to:
a. Modify, sell, copy, reproduce, display, publicly perform, republish, upload, post, transmit, distribute, prepare derivative works based on, repost or otherwise use any of the Content , including text, graphics, code and/or software, in any way for any public or commercial purpose without our prior written consent; or
b. Use any Content on any other website or in a networked computer environment for any purpose; or
c. Reverse engineer any Content consisting of downloadable software; or
d. Otherwise infringe the Intellectual Property Rights owned by us or any other person.
2.2 Nothing you do on or in relation to the Website will transfer any Intellectual Property Rights to you or license you to exercise any Intellectual Property Rights unless this is expressly stated.
2.3 It is your responsibility to determine whether any infringement will occur if you download, copy, transmit, publish, store or otherwise use or deal with the Content contained on the Website without the prior consent of us.
2.4 No person, whether an individual or a body corporate, shall create or establish a hyperlink to the EMMAS Mattress Website by hypertext reference or imaging without the written permission of us.
The words and various logos on the publications, products, Content or services referenced herein on the Website are the exclusive trademarks or service marks of Advanced Sleep Innovations (Hong Kong) Company Limited, its subsidiaries, associates and/or affiliates. Other names or logos appearing on the Website may be trademarks of their respective owners.
4 Use of the Website
4.1 You must not:
a. Disrupt or interfere with the Website or servers or other software, hardware or equipment connected to the Website;
b. Violate any Applicable Law relating to your use of the Website; or
c. Collect or store personal data about other users of the Website.
4.2 You agree that you use the Website at your own risk. You must evaluate and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. All information provided on the Website is on an ‘as is’ basis and is for information purposes only. You should seek your own independent advice with respect to any Content.
4.3 We endeavor to provide a convenient and functional website, but we do not guarantee or warrant that the Content of the Website will be free from errors or viruses or that the Website or the server that operates is free of viruses or other harmful components.
4.4 We will use reasonable endeavors to maintain the Content, but we do not undertake to provide support or maintenance services for the Content. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for data input and output, and for maintaining means external to the Website for the reconstruction of any lost data. If your use of the Website results in the need for servicing or replacing of any property, material, equipment or data, we will not be responsible for such costs.
4.5 We do not make any warranties or conditions of any kind, whether express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement. We exclude all representations and warranties to the fullest extent permissible under the Applicable Law.
5 Limitation of Liability
5.1 We will accept no liability whatsoever for any direct, indirect, incidental, special or consequential damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings or any other loss resulting from your access to, reliance on, or use of, or inability to use the Website and the Content, whether based on warranty, contract, tort, negligence or any other legal basis, and whether or not we know of the possibility of such damage.
5.2 You acknowledge that:
a. parts of the Website; and
b. parts of the Content are provided or maintained by Third Party Providers and not by us.
Your dealings or correspondence with any Third-Party Provider are solely between you and that Third Party Provider, and you agree that we will not be liable or responsible for any loss or damage of any sort incurred as the result of such dealings.
6 Links and Advertisements
6.1 We have not reviewed all of the websites linked to the Website and are not responsible for the Content or accuracy of any off-site pages or any other sites linked to the Website (including but not limited to sites linked through advertisements or through any search engines).
6.2 Some links which appear on the Website are automatically generated and may be offensive or inappropriate to some people. The inclusion of any link does not imply that we endorse those link site. Any use or access of those third-party websites or their products and services are solely at your own risk. We have no relationship with the owners or operators of those third party and we have no control over or rights in those third-party websites.
6.3 Your correspondence or dealings with, or participation in promotions of, advertisers on the Website are solely between you and the advertisers.
6.4 We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Website.
You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors and suppliers from and against any claims, actions or demands, losses, expenses, damages and costs, including reasonable legal and accounting fees, resulting from your use of the Website or the Content or your breach of this terms and conditions.
8 Personal Data and Cookies
8.3 Some of the Website use an outside ad company to display ads and these companies may use information about your visits to the Website in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you. These ads may contain cookies. Our ad companies collect cookies received with banner ads, and the Company does not have access to this information. You can disable cookies if you want to do so.
9 General Provisions
9.1 If any part of this agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
9.2 The terms and conditions will be governed by the laws of Hong Kong. You irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.
9.3 We will give you any necessary notices by posting them on the Website. You agree:
a. to check the Website for notices; and
b. that you will be considered to have received a notice when it is made available to you by posting on the Website.
a.“Content” including things that you may see, read, hear, download or access on or via the Website (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).
b.“Applicable Law” means any law, rule or regulation of any country, and any lawful and binding obligation under any license in any country.