TERMS OF USE
Welcome to WeSafe.hk, a website owned and operated by Jun Jing Company Ltd. These Terms of Use govern your use of the WeSafe.hk website and all sub-domains. By using, visiting or shopping at the WeSafe.hk website and all sub-domains thereof, you agree to be bound by these Terms of Use, as well as the other policies posted on the WeSafe.hk website.
WeSafe is located in Hong Kong. By displaying products on the Site, WeSafe is making an offer to sell such products only to those who are legally capable of accepting and do accept such offer in Hong Kong on the terms and conditions set out herein. If you place an order for products shown on the Site, your order will be deemed an acceptance in Hong Kong of such offer pursuant to these Terms of Use.
USE OF THE SITE
License and Site Access
WeSafe grants you a limited, non-exclusive, revocable license to access and make non-commercial use of the Site and not to download (other than page caching) or modify the Site or any portion of the Site, except with the express written consent of WeSafe. WeSafe also grants you a limited, non-exclusive, revocable right to create and display a hyperlink to the home page of the Site so long as the link does not portray WeSafe, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive matter.
Prohibited Uses of the Site
The licenses set forth in these Terms of Use do not include any rights to:
- Interfere or attempt to interfere with the proper operation of the Site;
- Bypass any measures used to prevent or restrict access to any portion of the Site;
- Use any robot, spider, data-miner, scraper or other automated means to access the Site or its systems for any purpose or to copy, probe, test or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available by WeSafe or its affiliates through the Site;
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site;
- Compile, repackage, disseminate or otherwise use data available on or extracted from the Site, including product information and prices;
- Reproduce, record, retransmit, sell, rent, distribute, publish, post or perform any of the content of the Site;
- Modify, download (other than page caching), reproduce, copy or resell the Site, the content or any portion or derivative thereof;
- Copy or download any account information of any user of the Site for the benefit of any other person or entity;
- Frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of WeSafe;
- Use WeSafe’s name, trademarks, service marks or logos in any meta tags or any other “hidden text”; or
- Use WeSafe’s logo or other proprietary graphic or trademark as part of a link without express written permission.
Each of the foregoing is expressly prohibited without WeSafe’s prior express written consent. Any unauthorized use of the Site or any portion or derivative thereof by, on behalf of or through you shall terminate any license or permission granted to you by WeSafe.
Termination of Access
You agree that WeSafe may, in its sole discretion and without prior notice to you, terminate or suspend your access to all or any part of the Site (including access through Facebook Connect as described below) and your Site account without notice, for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others attempting to do so, (2) attempting to overcome software security features limiting use of or protecting any content available on the Site, (3) discontinuance or material modification of the Site or any service available on or through the Site, (4) violations of these Terms of Use or applicable law, (5) failure to pay for purchases, (6) suspected or actual copyright or trademark infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. YOU AGREE THAT NONE OF WESAFE, ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES (EACH A “WESAFE PARTY”) WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE.
INTELLECTUAL PROPERTY RIGHTS; USER CONTENT
Copyright
All content included on the Site, including, without limitation, text, articles, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software, (“Content”) is the property of WeSafe or its licensors, product suppliers or content suppliers (including users who supply Content) and is protected by applicable copyright laws. The design, selection, arrangement, coordination and compilation of all Content on the Site are the exclusive property of WeSafe and are protected by applicable copyright laws. All software used on the Site is the property of WeSafe or its software suppliers and is protected by applicable copyright laws.
Trademarks
WeSafe and WeSafe.hk are trademarks, registered trademarks or service marks of WeSafe or its affiliates or licensors. All rights are reserved. These and other trademarks, service marks, graphics, logos and trade dress of WeSafe and its affiliates, suppliers and licensors used on the Site may not be used without the prior written consent of WeSafe or its applicable affiliate, supplier or licensor, as the case may be. Without limiting the foregoing, no WeSafe trademark, service mark or trade dress may be used in connection with any product or service that is not WeSafe’s, in any manner that is likely to cause confusion among users or customers or in any manner that disparages or discredits WeSafe.
Submission of Reviews and Other User Content
Where allowed on the Site, users or other persons may submit reviews, articles, comments, contest entries and other Content to the Site or users may offer or disclose Content, ideas or other materials to WeSafe in connection with the Site (each such submission, offer or disclosure being a “Submission”) . If you choose to submit such Content, you agree not to use a false e-mail address, impersonate any person or entity or otherwise mislead any WeSafe Party or any Site user as to the origin of any such Content. You agree, represent and warrant that any Submissions submitted by you will be accurate and will not violate these Terms or Conditions, any applicable law or regulation or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) and will not cause injury to any person or entity. You agree, represent and warrant that you have the authority to make all Submissions submitted by you and to grant the rights and licenses described herein with respect to all such Submissions. You further agree, represent and warrant that no Submission submitted by you will be or contain libelous, unlawful, false, misleading, threatening, harassing, defamatory, discriminatory, racist, violent, sexually explicit, pornographic, indecent, offensive, abusive or obscene material or contain software viruses, political campaigning, commercial, survey, research or other solicitations, bulk communications, chain letters, advertising, commercial offers, mass mailings or any form of “spam”.
WeSafe has the right but not the obligation to monitor, edit, move or remove any activity, Content or Submission on the Site. However, WeSafe does not regularly review Submissions, and is entitled to presume that all Submissions comply with these Terms of Use.
WeSafe does not acquire title or other ownership rights in or to any Submission made by you. However, you agree that by posting, uploading, inputting, providing or otherwise submitting, offering or disclosing a Submission you are: (1) unconditionally granting WeSafe, its affiliates and sublicensees permission, without compensation to you or any third party, to use your Submission in connection with the operation of their businesses (including, without limitation, the Site), including, without limitation, the transferable, non-exclusive, world-wide, royalty-free, perpetual, irrevocable, fully sub-licensable right and license to use, copy, excerpt, distribute, disclose, transmit, display (publicly or otherwise), perform (publicly or otherwise), publish, reproduce, edit, create derivative works from, translate, reformat, host, index, cache, tag, encode, modify and adapt your Submission in any manner, for any purpose, without restriction and in any form or media now known or hereinafter developed and to use and publish in connection with your Submission your name, image, and other personal information, to the extent submitted by you in connection with your Submission; and (2) unconditionally granting to each user of the Site a non-exclusive license to access your Submission through the Site and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such Submission as permitted through the functionality of the Site and under these Terms of Use. To the extent any right you may have in or relating to any Submission cannot be licensed to WeSafe or its affiliates under any applicable law or under any legal theory, you hereby irrevocably waive any and all such rights, including without limitation rights of publicity, rights of privacy, trademark rights, trade secret rights, patent rights, copyright rights and “moral rights” or other rights with respect to attribution of authorship or integrity of materials. WeSafe is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to treat any Submission or the ideas therein as proprietary; (3) to pay to you or any person or entity any compensation for any Submissions; or (4) to use, return, or respond to any Submissions
IMPORTANT NOTICE TO CUSTOMERS OUTSIDE OF HONG KONG: CUSTOMS ISSUES, REGIONAL INTELLECTUAL PROPERTY RIGHTS AND PRODUCT REGULATION
WeSafe’s product inventory available on the Site includes tens of thousands of products, and product listings are constantly being changed and updated. WeSafe’s customers are located in various parts of the world. As a result, it is not practical for WeSafe to confirm whether import and sale of any of these products may conflict with local exclusive distribution rights in effect from time to time or otherwise constitute a violation of local law, including product safety and other regulations.
WESAFE MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS IT SELLS ARE GENUINE AND LEGITIMATE. IMPORT AND SALE OF CERTAIN OF THE PRODUCTS OFFERED ON THE SITE, HOWEVER, MAY NOT BE PERMISSIBLE IN ALL COUNTRIES, INCLUDING WITHOUT LIMITATION THE UNITED STATES OF AMERICA, AS A RESULT OF LOCAL CUSTOMS REGULATIONS, LOCAL COPYRIGHT AND TRADEMARK RIGHTS AND OTHER LOCAL LAWS. IN ADDITION, PRODUCTS AVAILABLE ON THE SITE MAY NOT CONFORM TO PRODUCT SAFETY OR OTHER REGULATIONS IN ALL COUNTRIES.
BY PURCHASING A PRODUCT THROUGH THE SITE, YOU AGREE THAT SUCH PURCHASE AND THE IMPORT OF SUCH PRODUCT COMPLIES WITH THE LAWS OF THE COUNTRY TO WHICH YOU HAVE REQUESTED WESAFE TO SHIP THE PRODUCT, AND AGREE THAT YOU WILL BE CONSIDERED THE SOLE“IMPORTER” AND “INITIAL DISTRIBUTOR” OF THE PRODUCT TO SUCH COUNTRY FOR ALL PURPOSES, INCLUDING CUSTOMS REGULATIONS, COPYRIGHT AND TRADEMARK LAWS AND PRODUCT SAFETY LAWS. YOU ACKNOWLEDGE AND AGREE THAT WESAFE’S ROLE IS LIMITED TO PROCURING PRODUCTS AVAILABLE IN ASIA AND OTHER REGIONS AND MAKING THESE PRODUCTS AVAILABLE THROUGH THE SITE TO YOU FOR PURCHASE IN HONG KONG AND FOR YOUR IMPORT TO THE COUNTRY TO WHICH YOU HAVE REQUESTED WESAFE TO SHIP PRODUCTS. IN NO EVENT WILL WESAFE OR ANY OTHER WESAFE PARTY BE A PARTY TO THE IMPORT OF SUCH PRODUCTS NOR WILL ANY WESAFE PARTY BE RESPONSIBLE FOR ANY LIABILITY ARISING UNDER THE LAWS OF ANY COUNTRY OTHER THAN THE HONG KONG SPECIAL ADMINISTRATIVE REGION FOR ANY REASON, INCLUDING THE IMPORT AND SALE OF PRODUCTS AVAILABLE ON THE SITE, CUSTOMS REGULATIONS AND CUSTOMS HOLDS, DETENTIONS AND SEIZURES, COPYRIGHT AND TRADEMARK LAWS AND PRODUCT SAFETY LAWS.
By purchasing a product through the Site, customers outside of Hong Kong authorize WeSafe to make arrangements for clearance of customs on their behalf for the products they have ordered.
PERSONAL CARE AND HEALTHCARE PRODUCTS
WeSafe may offer personal care and healthcare products. By purchasing such products you represent and warrant that you have consulted with an appropriate medical professional with respect to your use of such products and you have obtained all necessary prescriptions and other approvals and documents required in connection with your purchase and use of such products.
No Professional Advice; Risk of Use
All information supplied through the Site or by any wesafe Party, whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. The Site does not and is not intended to provide any information to diagnose, mitigate, prevent, treat or cure any disease or condition. Health-related information provided through the Site is not a substitute for professional medical advice. You must consult your personal physician or other healthcare professional before making medical decisions and before making purchasing decisions related to personal care products. You must carefully read and follow all product label information and the recommendations of your health care provider before using any cosmetic or personal care products. None of the information available through the Site constitutes a recommendation or solicitation to take or not take any particular action.
The receipt of any questions or feedback you submit to wesafe does not create a professional relationship and does not create any privacy rights other than those described in Wesafe’s Privacy Policy.
PAYMENT FOR PRODUCTS PURCHASED THROUGH THE SITE
Methods of Payment
Wesafe offers a variety of payment methods on the Site for the convenience of customers. Please note that each of the payment methods discussed below may not be available at all times. You agree to pay all fees incurred in connection with your purchases at the rates in effect when the charges were incurred.
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards, online payment methods or FPS (Bank of Communications).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of your order.
User Accounts
When you confirm an order with Us, You must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the terms, which may result in immediate termination of your account on our services.
You are responsible for safeguarding the password that you use to access the services and for any activities or actions under your password, whether your password is with our services or a third-party social media service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Links to Other Websites
Our services may contain links to third-party web sites or services that are not owned or controlled by the company.
The company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Unless expressly set forth on the Site, Wesafe does not accept any other payment form. If WeSafe offers or accepts any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such other form of payment.
Order Cancellation
We do not accept any order cancellation. Please contact our customer service if you have special request.
Your order will be accepted for full amount refund only if there is delay from WeSafe production without formal notices.
Excluding:
Force majeure: We shall not be liable for any delay or failure to perform caused by or resulting from acts of natural disaster, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond our control.
Returns or Exchanges
Unless otherwise specified, no return or exchange of merchandise will be accepted. Subject to the returns or exchanges policy, merchandise may be returned or exchanged within seven (7) days of receipt or online purchase record if the merchandise you ordered are faulty, defective or damaged (with no fault on your part), or the merchandise are not what you ordered, or the delivery is of an incorrect quantity, provided that:
the merchandise are unused and in the condition originally sold together with all parts and accessories which are provided with the merchandise including manuals, certificates, labels, tags, consumables, bags, and boxes; the packaging of the merchandise must be in the condition in which it was delivered to you; and a request for return or exchange is sent to our customer service email and the merchandise is returned to the supplier through free pick up from us at the delivery address within 5 working days.
You agree and accept that merchandise is acceptable for exchange subject to stocks availability.
Under no circumstances will we accept the return of any merchandise directly to us or be held liable for your damages for whatever reasons.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
Basis of supply: we only serve and deliver products to end consumers. We are not selling our products for re-sell purpose. If we have grounds to believe that you are not purchasing our products as an end user, we reserve the right to decline or cancel your order.
Shipping Terms
We only make deliveries in the specified areas of Hong Kong from Monday to Saturday except Public holiday and when typhoon warning signal No. 8 or above or red rainstorm warning is in force. We currently do not make deliveries to remote area and the buildings without elevator facility. We reserve the right to decline delivery at our sole discretion. Our customers services may contact you to change the delivery locations, say downstairs of the building, village office or appointed to collect point.
For outer islands, we do not provide door to door services, customers have to collect shipments at our appointed locations.
Island:
Tung Chung:
We provide deliveries services. (To door)
Cheung Chau:
Hair Magic
G/F 118 Tai San Back St, Cheung Chau
Working hours: 10:30am – 7:30pm (Mon-Sun)
Peng Chau:
Peng Chau Rural Committee (坪洲鄉事委員會)
69A Wing On Street, Peng Chau
Working hours: 9:00am – 5:00pm (Mon-Fri)
Mui Wo:
Mui Wo Rural Committee (梅窩鄉事委員會)
45 Mui Wo Rural Committee Road, Mui Wo
Working hours: 9:00am – 5:00pm (Mon-Fri)
Tai O:
Tai O Rural Committee (大澳鄉事委員會)
29 Tai O Market Street, Tai O
Working hours: 9:00am – 5:00pm (Mon-Fri)
Discovery Bay:
Afflatus Hair Shop
Shop G-13F, G/F DB North Plaza, Discovery Bay.
Working hours: 10:00am – 7:00pm
Lamma Island, Ma Wan or out of above area
We will appointed a collect point at Central Pier 4.
Working hours: 3:00pm – 8:00pm
You might also agree and accept that you will collect your ordered merchandise from our appointed location and under no circumstances will we accept cancellation of order or refund.
We will deliver the merchandise ordered by you to the address you give us for delivery at the time you make your order through our staff or a third party provider. You agree to present your photo identification upon request when you acknowledge receipt of the merchandise. The merchandise shall be, and shall be deemed to be, delivered and accepted by you when the merchandise are delivered to the address you give us for delivery. You agree and accept that we are entitled, at our option, to charge you additional costs or cancel your order without any refund or compensation to you in the event of your failure to accept delivery for whatever reasons.
Un-delivery shipment will be return to our warehouse in Kwun Tong, will rearrange re-delivery on next time. You can pick up the shipment in our warehouse before 48 hours of next delivery time.
You will become the owner of the merchandise you have ordered when they have been delivered to you. Once merchandise has been delivered to you they will be held at your own risk and we will not be liable for the loss or damage.
Receiving shipment
Receiver have to show the QR code (soft-copy or hard-copy) for goods receive, Wesafe will send you a QR code via eMail for final confirmation, including delivery date and time.
Age of Users
Wesafe does not intend the Site to be viewed or used by individuals under the age of 18 (“minors”) without the supervision of a parent or guardian 18 years of age or older. Wesafe relies upon parents and guardians to determine if any Content or items available on the Site are appropriate for the viewing, access or purchase by minors. If a user is a minor, such minor may use the Site only under the supervision of parent or guardian. If a user is under 13 years of age the user may not, even under the supervision of a parent or guardian, make any Submissions.
Communications
You consent to receive communications from Wesafe by e-mail. Wesafe will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Wesafe provides to you in this manner satisfy any legal requirement that such communications be in writing.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE AND ALL INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED BY WESAFE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND YOUR USE OF ALL PRODUCTS, INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE IS AT YOUR SOLE RISK. NO WESAFE PARTY MAKES ANY, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE WESAFE PARTIES DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO WESAFE PARTY GUARANTEES OR WARRANTS THE PERFORMANCE OF ANY SUPPLIER OR OTHER THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY’S CONFORMANCE, OR THE CONFORMANCE OF ANY THIRD PARTY’S PRODUCT OR DESCRIPTION THEREOF, TO ANY LAW, RULE, REGULATION OR POLICY. NEITHER WESAFE NOR ANY OTHER WESAFE PARTY WARRANTS THAT THE SITE, ITS SERVERS OR E-MAIL SENT FROM WESAFE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR THAT THE SITE WILL BE DEFECT OR ERROR FREE.
NO WESAFE PARTY WILL BE LIABLE IN ANY CASE FOR ANY DAMAGES OF ANY KIND ARISING FROM, RELATED TO OR IN ANY WAY CONNECTED WITH THE SITE, THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE USE OF THE SITE, ANY SUBMISSIONS, ANY LINKS ON THE SITE, ANY APPLICATIONS, ANY E-MAIL SENT FROM WESAFE OR ANY THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ANY WESAFE PARTY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE WESAFE PARTIES ARISING FROM OR RELATED TO ANY PRODUCT ORDERED FROM THE SITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM, IS LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT.
THE DISCLAIMERS REGARDING WARRANTIES AS TO PRODUCTS IN THE IMMEDIATELY PRECEDING PARAGRAPH DO NOT APPLY TO THE EXTENT OF ANY APPLICABLE EXPLICIT WRITTEN WESAFE WARRANTY (AS DEFINED ABOVE).
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW AND DISPUTES
Applicable Law
The Site is controlled, operated and administered by Wesafe (or its licensees or agents) from its offices within the Hong Kong Special Administrative Region and is not intended to subject Wesafe to the laws or jurisdiction of any state, country or territory other than that of the Hong Kong Special Administrative Region. By visiting the Site, you agree that the laws of the Hong Kong Special Administrative Region, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Wesafe or any other Wesafe Party.
ALL USE OF THE SITE, SUBMISSIONS, THE LICENSES GRANTED HEREUNDER, CONTENT ON THE SITE AND TRANSACTIONS CONCLUDED THROUGH THE SITE, INCLUDING PURCHASES OF PRODUCTS ON THE SITE, SHALL BE DEEMED TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION.
Disputes
Any dispute, controversy or claim relating in any way to the Site (including, without limitation, your visit to and use of the Site), to your Submissions, to the licenses granted hereunder or to products you purchase through the Site shall be submitted to confidential binding arbitration in Hong Kong conducted under Hong Kong law, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of Wesafe or any affiliate or licensor of Wesafe, Wesafe may seek injunctive or other appropriate relief in any appropriate jurisdiction and court. Arbitration shall be conducted under UNCITRAL Arbitration Rules by Hong Kong International Arbitration Centre. There shall be one (1) arbitrator. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The place of arbitration shall be Hong Kong. The arbitration shall be conducted in the English language and any non-English language documents presented at such arbitration shall be accompanied by an English translation thereof. The arbitrator shall state the reason upon which the award is based.
GENERAL
Severability
If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these Terms of Use.
Delay in Enforcement
No delay or failure to take action under these Terms of Use shall constitute any waiver by Wesafe of any provision of these Terms of Use.
Complete Agreement
These Terms of Use, together with Wesafe’s Privacy Policy, Intellectual Property Policy and any other policies posted on the Site from time to time, constitute the complete agreement between you and Wesafe with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and Wesafe.
Indemnification
You agree to defend, indemnify and hold harmless Wesafe and the other Wesafe Parties from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to the use of the Site and any Content available on the Site, any breach of these terms of service and/or any Submissions submitted, in each case by you or any user of any of your accounts.
Modification to Terms of Use
Wesafe reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you, all Submissions and all other uses of the Site will be subject to the terms and conditions of these Terms of Use, which shall apply until Wesafe posts a modified Terms of Use and then in accordance with such modified Terms of Use.