TERMS AND CONDITIONS
This website of TSARION Ltd ("Company") and any other site of the Company accessed through this website: http://www.vosboucherspreferes.com (collectively "Website") and the services provided therein shall only be available to users seeking to buy fresh imported products by the Company,
Access to and use of the contents and services provided on the Website shall be subject to the Privacy Statement and the Terms and Conditions (which are set out below). If you do not accept either or both of the Privacy Statement and/or the Terms and Conditions, please do not use the Website. Upon your acceptance of the Privacy Statement and the Terms and Conditions, the Terms and Conditions shall be binding upon you. The Company may revise the Privacy Statement and the Terms and Conditions at any time without prior notice. You are advised to periodically review the Privacy Statement and the Terms and Conditions. Your access to the Website and the Company's services will be terminated upon your notice to the Company that any change is unacceptable; otherwise your continued use shall constitute your acceptance of all changes and they shall be binding upon you. The terms "you", "user" and "users" herein refer to all individuals and/or entities accessing and/or using the Website at any time for any reason or purpose. Please refer to the details of the Company's Privacy Statement by clicking on this link.
1. Intellectual Property Rights
All contents of the Website, including without limitation information, text, graphics, images, layout, designs, pictures, logos, editorial content, HTML and other proprietary materials on the Website (collectively "Contents") are the intellectual property of the Company, its associated companies and/or licensors and are protected by copyright, trademark, patent and other intellectual property laws. Users acknowledge and agree that the Contents are made available solely for their personal non-commercial use. Except as otherwise provided in this paragraph, users shall not, and shall not procure, assist or facilitate any third party to, copy, reproduce, transmit, publish, disseminate, distribute, redistribute, broadcast, circulate, store (in any medium), display, modify, sell or transfer or participate in the sale or transfer of or offer for sale of, create derivative works from, or in any way exploit any of the Contents, whether in whole or in part. Users may download or copy the Contents solely for their personal non-commercial use and/or uses that are expressly permitted in these Terms and Conditions, provided that users will not delete or amend any symbols or statements in the Contents that indicate the subsistence therein of copyright, trademark and any other proprietary rights. Users do not obtain any right, title or interest in or to any or any part of the Contents as a result of such downloading or copying. The Company reserves all its rights of enforcement of all its intellectual property rights or proprietary rights in the Contents, including without limitation against any use of any of the Contents that is not expressly permitted under the Terms and Conditions. For the avoidance of doubt, any purported consent of any third parties (including Employers) to the use of the Contents or any part thereof shall not in any way exonerate the users from the restrictions/prohibitions imposed hereunder.
The Company reserves the right to monitor the Website and its contents at all times but is not obliged to do so. The Company takes no responsibility whatsoever for any material on the Website that is not posted by the Company or is otherwise posted by the Company on behalf of a user. The Company shall not in any way be considered an agent of either user or supplier with respect to any use of the Website.
3. Own Risk
ALL USERS USE THE WEBSITE AND ANY OTHER WEBSITES ACCESSED THROUGH IT, ENTIRELY AT THEIR OWN RISK. All users shall be responsible for their own communications and are responsible for the consequences of their activities on the Website.
4. Links to Other Sites
The Website may contain links to users’ or third-party websites. These are provided solely as a convenience to users and as Internet navigation tools, and not in any way as an endorsement by the Company of the contents on such users’ or third-party websites. Unless otherwise stated on the Website, the Company has no control over or rights in such users’ or third-party websites and is not responsible for their availability or security. If users access any linked users’ or third-party websites, they do so entirely at their own risk. The Company shall not be responsible for the contents of any users’ or third-party websites linked to the Website or any links contained in such users’ or third-party websites or any changes or updates to the above, and does not make any representations or warranties regarding the contents or accuracy of materials on such users’ or third-party websites. The Company shall not be responsible or liable for any loss or damage of any kind arising from or in connection with the use of the services or contents of such users’ or third-party websites. Further, any data or materials posted on the Website by any user may be viewed by users of other websites linked to the Website and the Company shall not be responsible for any improper use by any person other than the Company of any data or materials posted on the Website.
Each user agrees to indemnify and hold harmless the Company and its associated companies, officers, directors, employees, agents, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns from and against any claims, actions, demands, injuries, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) (collectively "Losses") arising from or relating to the user's use of the Website or its contents or the user's breach of the Terms and Conditions, to the fullest extent permitted by applicable law. This indemnification shall be in addition to all other obligations of users under the Terms and Conditions and shall not prejudice any other rights or remedies available at law to the Company.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS ASSOCIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE IN ANY EVENT FOR DAMAGE OF ANY KIND SUFFERED BY ANY USERS WHATSOEVER DIRECTLY OR INDIRECTLY ARISING FROM OR RELATING TO SUCH USERS' USE OF OR INABILITY TO USE THE WEBSITE AND ITS CONTENTS, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN SUCH CONTENTS, OR ANY DELETION, INCORRECT OR DELAYED TRANSMISSION OR LOSS OF ANY CONTENTS OR MATERIALS UPLOADED OR TRANSMITTED THROUGH THE WEBSITE.
7. Dealing with Advertisers
User's communication or business dealings with, or participation in promotions organized by, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between user and such advertiser. The Company shall not be responsible or liable for any loss or damage of any type or nature incurred as a result of any such dealings or as a result of the presence of the advertisers on the Website.
8. Limitation of Liability
Without prejudice to the above and subject to the applicable laws, the aggregate liability of the Company to any user for all claims arising from or relating to his/her use of the Company's services and the Website shall be limited to the fees received by the Company in respect of the service giving rise to such claims.
In the event that any information provided by the user is inaccurate, in breach of any laws or contains indecent elements, the Company may instantly abrogate the user's account and membership without notice and reserves the right to take such action as it considers appropriate, desirable or necessary, including but not limited to taking legal action against such user. The Company reserves the right at any time to immediately terminate or suspend any user's account or access to the Website without notice, where the Company is of the opinion that the user has breached any of the Terms and Conditions or violated any law or regulations, and to take such further action as the Company in its sole discretion considers appropriate, desirable or necessary, including removing any material which it deems abusive, illegal, disruptive or inappropriate. The Company shall have the sole and absolute discretion to decide whether the user has breached any of the Terms and Conditions, and such decision shall be final.
10. Modification to Access or Website
The Company reserves the right at any time and from time to time to modify, change, suspend, discontinue or restrict: (a) users' access to, either temporarily or permanently, the Website (or any part thereof); or (b) the whole or any portion of this Website (and the services provided therein), with or without notice. The Company shall not be liable to users or to any third party for any such modification, change, suspension, discontinuation or restriction.
11. Security Measures
The Company will use its reasonable endeavours to ensure that its officers, directors, employees, agents and/or contractors exercise prudence and due diligence in handling the personal data submitted by Jobseeker and that access to and processing of the personal data by such persons is on a "need-to-know" and "need-to-use" basis. The Company will use its reasonable endeavour to protect such personal data against any unauthorized or accidental access, processing or erasure.
12. Governing Law and Jurisdiction
The Terms and Conditions and any dispute or matter arising from or incidental to the use of the Website shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong").
Any dispute, controversy or claim arising out of or relating to the Terms and Conditions including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this Clause:
The appointing authority shall be Hong Kong International Arbitration Centre (“HKIAC”).
The place of arbitration shall be in Hong Kong at HKIAC.
There shall be only one arbitrator.
The language to be used in the arbitral proceedings shall be English.
In the event of any breach of the Terms and Conditions by a party, the other party shall be entitled to remedies in law and equity as determined by arbitration.
13. Entire Agreement
The Terms and Conditions shall constitute the entire agreement between user and the Company relating to his/her/its use of the Website and shall replace and supersede all other communications (be it written or oral), discussions, letters and contracts relating to the subject matter hereof.
The provisions of the Terms and Conditions shall be enforceable independently of one another and the validity of each provision shall not be affected if any of the others is invalid. In the event that any provision or part of a provision of the Terms and Conditions is determined to be or becomes illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions or remaining part of the provision of the Terms and Conditions shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision or part of a provision, there shall be added as part of the Terms and Conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.