Terms & Conditions

Welcome to our SHIVALOKA website. Our goal is to bring you a simple, convenient and secure shopping experience.

Please note that the Terms and Conditions under this eCommerce Policy apply solely to purchases within our Site https://dev.shivaloka.co/ and have no legal effect in sales transactions via other channels including our physical stores within and outside Bali, Indonesia, except as expressly stated otherwise herein.

SHIVALOKA Limited (“SHIVALOKA” “we” “us”) website(s) (our “Site” or “Sites”) and related services are made available to you in accordance with the following Terms of Sale. Please read the terms carefully before placing any orders on www.shivaloka.co.

SHIVALOKA is a trading name of SHIVALOKA Limited, a company registered in Hong Kong SAR under business registration number 50180048-000-01-12-3. Our registered address is 20/F, Champion Bldg, 287-291 Des Voeux Rd, Sheung Wan, Hong Kong.

If you have any comments about SHIVALOKA, you can email us at [email protected]

Registration and account terms and conditions

In order to access certain services or features on this site, you will need to create an account. When you register, it’s necessary to provide information about yourself that is true, accurate, up-to-date, and complete. If there are any changes to your registration details, please promptly inform us at [email protected]. Please note that we may occasionally modify the requirements for registration.

Track your orders and review past purchases
Request your return or exchange directly from your account
Build a customized Wish List
View your astrological Sacred Power Bead report and recommendations
Initiate and manage return & exchange requests
Save your address and card details so you can shop even quicker next time
Manage your account details and address book

To set up an account, just click on the account icon located at the top navigation bar and then proceed to REGISTER NOW to input your information. Ensure that your account password is unique and secure. In case of any security breach or unauthorized access to your account, please alert SHIVALOKA without delay. If you encounter any issues with your account or require assistance, feel free to reach out to our Customer Care team. However, please be aware that we can only correspond with the registered account holder regarding any inquiries, order changes, or termination of an account.

Forgotten password

In case you’ve forgotten your password, you can reset it or follow the instructions labeled ‘FORGOTTEN PASSWORD’ on the SIGN IN page. For safety purposes, we cannot send your password through email. Please check our Privacy Policy for details on how we handle your data.

Eligibility to purchase

To make purchases on the Site, you need to provide your personal information. Specifically, we require your actual name, phone number, email address, and other information as prompted. Additionally, you’ll need to provide payment details that you confirm to be valid and accurate, and you acknowledge that you are the individual linked to the provided billing information.

The Site is accessible only to individuals and others who satisfy SHIVALOKA’s eligibility conditions, possess a valid credit/debit card issued by a bank recognized by SHIVALOKA, whose applications are approved by SHIVALOKA, and who have given SHIVALOKA permission to process a transaction or transactions on their credit/debit card for the total purchase price of the goods they buy. The products purchased by the customer are intended for personal use or as gifts and should not be resold, used for commercial purposes, or any other commercial gain. SHIVALOKA reserves the right to limit the quantity of an item shipped to a single customer or address.

When you propose to buy merchandise, you are explicitly authorizing us to conduct credit checks. As SHIVALOKA deems necessary and within the bounds of applicable laws, we may exchange information (including any updated information) about you with third parties. This could include your credit/debit card number, for purposes such as verifying your identity, validating your credit/debit card, obtaining an initial credit/debit card authorization, and authorizing individual purchase transactions.

Moreover, you consent to the use of your personal information for appropriate anti-fraud checks. The personal information you provide could be shared with a credit reference or fraud prevention agency, which may maintain a record of that information.

Please view our Privacy Policy for additional details on how we utilize your data.

Orders

To place an order with SHIVALOKA, you’ll need to add your desired items to your shopping bag, provide your billing and shipping information, pick your preferred delivery method, and select a payment option. Please note that items in your shopping bag aren’t reserved and can be bought by other shoppers.

At SHIVALOKA, we offer items that are in stock and ready to be dispatched from our production house in Ubud, Bali. Sometimes, an item will need to be produced upon order and therefore, it can take a few additional days before we dispatch your order. In cases that your order will exceed 7-10 days before it can be shipped, we will notify you by email.

If you’ve signed up for email notifications regarding the availability of a specific product, we’ll try to inform you within 48 hours of the product becoming available. However, please understand that high-demand items may sell out during this time.

For your records, SHIVALOKA will store transaction details for at least one year.

Pricing Policy

The prices displayed on the Site are in US Dollars and do not include Value Added Tax (VAT). However, you can view prices in other currencies such as AUD, EUR, GBP, CAD, and IRD using the currency selection tool located at the top right corner of the Site.

Please note that prices may fluctuate from time to time due to changes in currency exchange rates, gold and silver rates, markdowns, and other commercial considerations. The price you pay will be the current price at the time your order is confirmed.

For customers purchasing from countries served as DDP, relevant import duty and taxes will apply. These costs are not included in the final purchase price. If your credit or debit card is not denominated in USD, the final price will be determined by the exchange rate used by your card issuer on the day the transaction is processed.

Sale price adjustment Policy

SHIVALOKA is pleased to provide a Sale Price Adjustment for items bought up to 3 days before the start of a sale or promotion of a specific item. However, it’s important to note that the specific style and size of the item must be available for purchase when you make your request for us to approve any adjustment in the sale price. Any approved Sale Price Adjustments will be credited to your SHIVALOKA account as store credit, which will remain valid for 12 months.

Please note that we cannot provide price adjustments on items originally purchased during a sale or on special promotional items that have been temporarily discounted. If an item is bought at a reduced sale price, we won’t offer a price adjustment if the item’s price is further reduced.

Acceptance of your order

After making your selection and placing your order, an email will be sent to you acknowledging the receipt of your order. This email is merely a confirmation of the order received and does not constitute acceptance of your order.

On your order confirmation page, you’ll find a summary of each product, its price (excluding any applicable fees and taxes), and the shipping cost. Your order represents a binding offer to purchase the products.

Please review the order details and correct any errors before proceeding with the purchase. Unless you cancel your order, the contract between you and SHIVALOKA will be completed when we send you an email confirming the dispatch of your goods. The contract will be finalized in English. Neither our third-party payment processor nor our designated courier has the authority to accept an order on behalf of SHIVALOKA.

Orders cannot be canceled once they are received by the courier and in transit.

We reserve the right to reject your order under certain circumstances, such as if we can’t obtain payment authorization, if shipping restrictions apply to an item, if the item is out of stock or cannot be produced by us, or if you do not meet the eligibility criteria outlined in the Terms of Service.

We may also decline to process and thus accept a transaction for any reason, or refuse service to anyone at any time, particularly if the transaction or service doesn’t align with our business policy, or in cases of suspected or reported fraudulent or illegal activity. We will not be liable for refusing to process a transaction, or for reversing or suspending any transaction after processing has begun. We won’t be liable to you or any third party if we choose to withdraw any merchandise from the Site, whether or not that merchandise has been sold, or for removing, screening, or editing any materials or content on the Site. We reserve the right to reject orders from users who are acting for commercial or professional purposes.

While we strive to ensure accuracy in the details on our Site, there may be instances when errors in product pricing occur. If we discover an obvious error in the pricing of a product in your order, we will notify you as soon as possible. We are under no obligation to accept or fulfill an order for a product advertised at an incorrect price, particularly if the error was noticeable, and we reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that’s clearly priced incorrectly for whatever reason, we will email you to inform you that we haven’t accepted your order and/or that the relevant part of your order has been canceled. If you have already paid for the goods, we will refund the full amount as soon as we can.

Payment

SHIVALOKA accepts payments through Visa, MasterCard, and American Express via Stripe. We also accept PayPal, Apple Pay, and Google Pay. After completing the transaction, you will be redirected back to www.shivaloka.co. The payment will be debited from your account upon placing the order by SHIVALOKA. You confirm that the credit card being used is either yours or that you have explicit authorization from the card’s owner to use it. All credit card holders are subject to validation checks and authorization by the card issuer. In case the issuer of your card refuses to authorize payment to SHIVALOKA, we will not be held responsible for any delay or non-delivery.

We prioritize making our Site safe and secure. All credit card transactions on this site are processed using Stripe, a secure online payment gateway that encrypts your card details within a secure host environment. To further enhance the safety of your shopping experience, SHIVALOKA employs Secure Socket Layer (SSL) technology.

Moreover, we take reasonable measures, as far as they are within our control, to ensure the security of your order and payment details. However, except in cases of negligence on our part, we cannot be held accountable for any loss you may incur if a third party gains unauthorized access to any data you provide when accessing or ordering from the Site.

Gift Cards

Gift Cards are no longer available to purchase.

Promotion Codes

Promotion codes are strictly non-transferable and cannot be exchanged for cash. Additionally, these codes cannot be combined with any other promotional codes or offers. It’s important to note that the codes must be used by the published expiry date, if one is provided.

Shipment Value Protection and delivery

SHIVALOKA is unable to deliver to PO Box addresses via our courier services.

Shipments are dispatched from our own production house in Ubud, Bali, Monday through Friday, excluding public Indonesian holidays by 3pm.

We offer shipment value protection for each purchase shipped via DHL from the time it’s in transit until it’s delivered to your specified address, up to a value of USD$1000. If your order exceeds this amount, you have the option to purchase additional insurance at 5% of the commercial value through the courier, which we can help facilitate. Please reach out to our customer care team to request full value insurance for your parcel.

A signature is required upon delivery, at which point the responsibility for your purchased goods transfers to you. If you’ve designated a recipient other than yourself for delivery (for example, as a gift), you acknowledge that their signature, or a signature at that delivery address, signals successful delivery and fulfillment by SHIVALOKA, and the transfer of responsibility occurs in the same manner. Once delivered to the address you provided us, the goods are your responsibility.

Please note, we do not offer shipment value protection for orders shipped with EMS postal service or domestic couriers such as JNE. If no signature is obtained, you agree to our terms and conditions, confirming that SHIVALOKA may leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. Be aware that if no signature is collected, you agree to our terms and conditions and assume full responsibility for any loss or damage that may occur. In some cases, our courier may refuse to deliver your order if they deem the shipping address unsafe.

We strive to dispatch all orders within 48-72 hours, excluding weekends and public holidays, except during sale periods when due to high volumes, dispatch can take up to 5-9 workdays. Delivery times listed on the Site are estimates and should be used as a guide only, starting from the date of dispatch. We will deliver the goods to you within 30 days of the day we accept your order. SHIVALOKA cannot be held responsible for any delays caused by customs clearance processes at the destination.

In the event of a delivery delay beyond our control, we will contact you as soon as possible to inform you and will take steps to minimize the effect of the delay. As long as we do this, we won’t be liable for delays caused by the event, but if there is a risk of significant delay you may contact us to cancel your order and we will refund any goods you have paid for but not received.

Returns and exchanges

Please click here for details of our Exchanges & Returns Policy, which is part of these Terms and Conditions.

Force majeure

We are not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.

First Time Purchase

Get 10% off your first SHIVALOKA order, subject to these T&Cs:

This promotion is run by SHIVALOKA LIMITED trading as “SHIVALOKA”.To redeem this offer, use the 10% promo code (“Code”) at checkout on your first order.
The Code can only be used once during the Promotion Period on full price products only and only applies to first time orders with no minimum spend.
The Code may not be used on orders including 14k, 18k, 22k or 24k gold jewelry or custom orders
The Code may only be used once per person and cannot be combined with any other promotion, discount, offer, code, certificate, or coupon
The Code is non-transferable, non-exchangeable and no cash alternative is offered.
SHIVALOKA reserves the right at our discretion to revoke, suspend, cancel and/or amend the Code and/or these T&Cs at any time and without notice.
In the event of a dispute regarding this promotion, the decision of SHIVALOKA is final and no correspondence or discussion shall be entered into.
For more information on how SHIVALOKA uses your personal data, including for the purposes of administering this promotion, please refer to our Privacy Policy.
All purchases made on SHIVALOKA must be for personal and not commercial use.
All orders placed on SHIVALOKA will be subject to SHIVALOKA’s website terms and conditions.

Need help? Email [email protected]

Terms of Use

These Terms of Use, and any documents referred to herein, set out the terms and conditions on which you are permitted to use our website, www.shivaloka.co (our website). By using our website, you agree to be bound by, and to comply with, these Terms of Use.

These Terms of Use are effective from October 20, 2023.

Please read these Terms of Use carefully. We recommend that you print off a copy of these Terms of Use for your records, as well as any future versions of them, as we may update them from time to time. YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSES 14 (EXCLUSIONS AND LIMITATIONS OF LIABILITY), 15 (INDEMNIFICATION), 16 (DISCLAIMERS) AND 17 (AGE RESTRICTIONS ON USE OF OUR WEBSITE).

If for any reason whatsoever you do not agree to these Terms of Use or do not wish to be bound by them, you must not access or use our website.

1. Our details

1.1. Shivaloka Limited (we, our and us) operates the website.Shivaloka Limited is a limited liability company incorporated in Hong Kong (business registration number 50180048-000-01-12-3). Our registered address is 20/F, Champion Bldg, 287-291 Des Voeux Rd, Sheung Wan, Hong Kong.SHIVALOKA Soul Jewelry is a trading name of Shivaloka Limited.

1.2. Our HK office address is 70 Queens Rd, Suite 1104, Crawford Building, Central, Hong Kong.

1.3. Our contact email address is [email protected]

2. Your responsibility for others who access our website using your device or internet connection

You must ensure that any persons who access our website on your computer(s) or device(s), or who are permitted or able to access our website on your computer(s) or device(s), or who use your internet connection, are aware of these Terms of Use and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms of Use. If for any reason whatsoever, such persons do not agree to these Terms of Use or do not wish to be bound by them, they must not access or use our website, and you must not permit them to do so.

3. Other documents governing your use of our website

3.1 In addition to these Terms of Use, your use of our website is also governed by the following documents:

(a) Our privacy policy, which is available at https://dev.shivaloka.co/privacy-policy/ Our privacy policy governs our use of your information. It sets out the types of information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information.

(b) Our cookies policy, which is available at https://dev.shivaloka.co/cookies-policy/. Our cookies policy governs our use of cookies and similar technologies on our website. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information relating to cookies, such as how to change your browser preferences and settings to accept or reject cookies.

(c) Our terms of sale, which are available at https://dev.shivaloka.co/terms-conditions/Our terms of sale govern any purchases or orders you make for goods or services on our website. They set out the status of any orders placed, the contract terms relating to delivery and performance of those orders, any exclusions that apply to you and other relevant terms relating to our supply of goods, services or digital content.

(d) Our user content agreement, which is available at https://dev.shivaloka.co/terms-conditions/ Our user content agreement sets out the terms upon which you are permitted to upload content to our website and make use of its interactive functions. It also sets out the restrictions applicable to the type of content you may upload and describes our rights and remedies in respect of such content.

3.2 By accessing and using our website, you agree to be bound by the terms and conditions contained in these Terms of Use, you acknowledge that we will process your information in accordance with our privacy policy, and our use of cookies and similar technologies in accordance with our cookies policy.

3.3 If you do not agree to the terms set out in these Terms of Use, you must not use our website.

4. Availability of our website

4.1 We make no representations and provide no warranties that:

(a) the website will be made available at any specific time or from any specific geographical location;

(b) your access to the website will be continuous or uninterrupted; or

4.2.We reserve the right to suspend access to all or part of the website for any reason, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the website for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.

4.3. Our website is provided for users in the Hong Kong SAR only. Although it may be possible to access the website from other countries, we make no representation that our website is compliant with any legal requirements in force in any jurisdiction other than the Hong Kong SAR, or that the content available on the website will be appropriate for users in other countries or states.

5. Changes we may make to these Terms of Use and other documentation

5.1. We reserve the right to update these Terms of Use, our privacy policy, our cookies policy and any other documentation referred to in any of these documents from time to time. We may change our Terms of Use and other documentation for any reason, including:

(a) to reflect any changes in the way we carry out our business;

(b) to account for any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the website;

(c) to accurately describe our current data-processing activities so that you are kept up to date with our latest practices;

(d) to inform you of any changes in the way that we use cookies or similar information-gathering technologies; or

(e) to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.

5.2. If required by law, we will provide you with notice of any changes in these Terms of Use or the other documentation referred to in them by posting a notice on the website and/or by posting an updated version of these Terms of Use or other such documentation on our website with a new effective date stated at the beginning of them.

5.3. By continuing to access our website after we have updated our Terms of Use, terms of sale, and/or user content agreement, you agree to be bound by those updated versions. You also acknowledge that by continuing to access our website after we have updated our privacy policy and/or our cookies policy, that the practices set out in those updated policies will apply to our handling of your information and our use of cookies and similar technologies.

5.4. You must check these Terms of Use and all other documentation referred to in them each time you access our website in order to ensure that you are aware of the terms that apply to you at that time.

5.5. The date that these Terms of Use and/or any other documents (including our privacy policy and cookies policy) were last amended is set out at the top of that document and is referred to as that document’s “effective date”.

6. Your account details

6.1. If we provide you with account information such as a user name, identification number, account code and/or password, you must keep such information confidential and secret and not disclose it to anyone. All account information is provided for use of the named account holder only, and not for any other person. You are responsible for any consequences of unauthorized access to your account due to any disclosure of your account information to any third party.

6.2. Where we provide you with the option to select your own login information, including a password, we recommend that you supply login information unique to your own use of this website, and do not use information from other accounts you may hold with other websites or any easily discoverable information about you. You are responsible for any consequences of unauthorized access to your account due to any disclosure of your login information to any third party.

6.3. You must never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You agree that you will not solicit, collect or use the login credentials of other individuals. We prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.

6.4. We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Terms of Use or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorized access to your account, or any unauthorized disclosure of your login information.

6.5. If you know or suspect that the confidentiality of your login information has been compromised, for example, by the disclosure of such information to any third party, you must immediately change your password. If you are unable to change your password, you must immediately notify us by email, at [email protected].

7. Ownership of material on our website

7.1. All trade marks, service marks, trade names, logos, copyright and other intellectual property rights in our website and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the website and its contents, other than as specifically authorized herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.

7.2. SHIVALOKA Soul Jewelry is a registered trade mark of SHIVALOKA Ltd, PMA Shivaloka Bali.

7.3. The trade marks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our website (collectively, “Third Party Mark(s)”) may be trade marks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms of Use, or in terms provided by the owner of a Third Party Mark, nothing in these Terms of Use or on or via the website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of our or any Third Party Marks that are used or displayed on the website, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trade marks will benefit us exclusively.

8. Information and content on our website provided on non-reliance basis

8.1. Our website is made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not make our website available for any other purposes, except as expressly provided in these Terms of Use.

8.2. The content on our website is not intended to be construed as advice. You must not rely on any of the content of our website for any purposes whatsoever, and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on our website at any time.

8.3. We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on our website from time to time are accurate, up to date or complete.

9. Permitted use of materials on our website

9.1. The content on our website is provided for your personal, private and non-commercial use only. You may print or share the content from our website for lawful personal, private and non-commercial purposes, and you may also make others within your organisation aware of the content on our website. You may not otherwise extract, reproduce or distribute the content of our website without our prior written consent.

9.2. Whenever you print, download, share or pass on content from our website to others, you must not make any additions or deletions or otherwise modify any text from our website, you must not alter or change any images, media or graphics from our website in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our website.

9.3. You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third party tools for the extraction or reproduction of any data or content from our website without our prior written consent.

9.4. Whenever you pass on any content or materials from our website to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials.

10. Prohibited uses of our website

10.1. You must not reproduce, duplicate, copy or resell any part of our website or any content from our website, save and except to the extent expressly permitted in these Terms of Use.

10.2. You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our website or any part of it, our systems, any of our hardware or equipment or any networks on which our website is hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.

10.3. You must use our website for lawful purposes only and in accordance with these Terms of Use. You must not use our website:

(a) for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;

(b) for any fraudulent purposes whatsoever;

(c) to conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorized by us;

(d) to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;

(e) to communicate with, harm or attempt to harm children in any way; or

(f) in any way or for any purpose that breaches these Terms of Use or the terms of any of the documents these Terms of Use refer to.

10.4. You must not submit any information about you to us if you are under the age of 18, or about any other person who is either:

(a) under the age of 18; or

(b) if they are aged 18 or above, where you have not received their prior written consent to submit information about them to us.

10.5. You must not submit to us any information which is considered ‘sensitive personal information’. ‘Sensitive personal information’ is information about you or any other person which reveals your or their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or which is genetic data, biometric data, information which concerns your or their health, sex life or sexual orientation.

10.6. If you accidentally or intentionally submit such information to us, you will be considered to have consented to our processing of that information on the basis of Article 9(2)(a) of the General Data Protection Regulation (Regulation (EU) 2016/769).

11. Viruses and other harmful content

11.1. We do not guarantee that our website does not contain viruses or other malicious software. However, we do make reasonable efforts to prevent such viruses or bugs from being uploaded to our website.

11.2. We shall not be responsible for any bugs or viruses on our website, or any software that might be transferred to your computer from our website, or any consequences which the presence or operation of such programs may have.

11.3. You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing device.

11.4. You must not upload or otherwise introduce to our website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.

11.5. You must not use any third parties, software or technology to attempt to gain unauthorised access to our website, our servers, systems, hardware, software or data.

11.6. You must not attempt to perform any denial of service type attack on our website.

11.7 You must not perform any action which would contravene the Computer Misuse Act 1990.

11.8. We may report any breach or suspected breach of this clause 11 (Viruses and other harmful content) to the relevant authorities and may disclose your identity.

12. Links to other websites

12.1 Links to third party content or websites may appear on our website from time to time. We are not responsible for the content of any websites accessible via any link(s) on our website. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related to us or our website, suitable or appropriate for use or viewing, lawful or accurate.

12.2. Any third party website accessible via a link on our website may collect and process your information. We are not responsible for any data-processing activities carried out by any third party website which is linked to from our website, and we disclaim any and all liability in respect of the same. You should check the privacy policy of any such third party to establish how they may use your information before you decide to use their website and its features.

13. Links to our website

13.1. You may not link to our website without our prior written consent.

13.2. Where you have obtained our consent to link to our website:

(a) you may provide links to our website on other websites owned by you, provided that such websites and the use of any links to our website comply with these Terms of Use;

(b) wherever you post a link to our website on any other website, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and

(c) you must not link to our website in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and in any event, without having first obtained our prior written consent.

13.3. We may withdraw permission to link to our website at any time. In the event that we withdraw permission to link to our website and inform you of the same, you must immediately remove or cause to be removed any links to our website.

14. EXCLUSIONS AND LIMITATIONS OF LIABILITY

14.1. We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.

14.2. If you purchase goods or services from our website, different exclusions of liability may apply. These are contained in our terms of sale.

14.3. SUBJECT TO THE AFORESAID, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:

(a) YOUR USE OF OUR WEBSITE;

(b) ANY CORRUPTION OR LOSS OF DATA;

(c) ANY INABILITY TO ACCESS OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR WEBSITE (FOR ANY REASON WHATSOEVER);

(d) ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR WEBSITE, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL;

(e) ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS OR REVENUE;

(f) ANY LOSS OF REPUTATION OR GOODWILL;

(g) ANY LOSS OF SAVINGS;

(h) ANY LOSS OF A CHANCE OR OPPORTUNITY; OR

(i) ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES,

AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.

14.4. WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.

14.5. You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

14.6. YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.

14.7. To the extent that any of the provisions of this clause 14 (EXCLUSIONS AND LIMITATIONS OF LIABILITY) are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.

15. INDEMNIFICATION

15.1 You (and also any third party for or on behalf of whom you operate an account or activity on the website) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the website or those conducted on your behalf):

(a) your uploads, access to or use of the website;

(b) your breach or alleged breach of these Terms of Use;

(c) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;

(d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or

(e) any misrepresentation made by you.

15.2. You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.

16. DISCLAIMERS

16.1. THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:

(a) THE SERVICE;

(b) THE WEBSITE CONTENT;

(d) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE.

IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

16.2. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

16.3. BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

16.4. WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

17. AGE RESTRICTIONS ON USE OF OUR WEBSITE

17.1. Our website and any products or services available on or via the website are not intended for use by individuals under the age of 18.

17.2. IF YOU ARE UNDER THE AGE OF 18, YOU MUST NOT USE OUR WEBSITE, PURCHASE OR ATTEMPT TO PURCHASE ANY OF OUR PRODUCTS OR SERVICES, OR SUBMIT ANY INFORMATION ABOUT YOU OR ANYONE ELSE TO US.

17.3. We do not knowingly or intentionally process information about any individual under the age of 18.

18. Governing law and jurisdiction

18.1. These Terms of Use, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with English law.

18.2. The courts of Hong Kong, SAR, shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms of Use and any documents they refer to.

19. Copyright, credit and logo

19.1. The copyright in these Terms of Use is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. Unless expressly indicated otherwise, all intellectual property rights in this document and elsewhere on our website, including any content on our website, are reserved.