Terms of Use and Service

1. General

1.1. If you browse or otherwise access any content or data of our Company (including its website, mobile site, any subdomains of those websites, mobile sites, applications, APIs or widgets) (collectively “our Website”), you agree to be bound by these Terms of Use and Service (“Terms of Use”). Please read these Terms of Use carefully before accessing and using our Website.

1.2 The following also form the standard terms and conditions that apply to your subscription to or purchase of any information, product, and/or service (each a “Service”) through our website). Your purchase of and/or subscription for any Service from Creative China Creations Limited through our Website on our Website will constitute your acceptance of these Terms of Use. 

1.3 In these Terms of Use, the term “we”, “us” or “our Company” refers to Creative China Creations Limited, its affiliates, directors, officers or employees and the term “you” refers to a user or viewer of our Website.

1.4 We reserve the right to change any or all of our Terms of Use or other conditions for using our Website at any time by publishing the new terms or conditions on our website. Your continued use of our Website constitutes your acceptance of those terms. Should you object to any of our Terms of Use or other notices on our Website, you should take steps to stop accessing and/or using our Website and to remove our Website (and associated software code) from your website.

1.5 We will, from time to time, post on our Website such guidelines and rules relating to the use of our Website. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.

1.6 Our Website is not intended for use by any persons who have not reached their legal age (e.g., minors) or persons who are incapable of managing their own affairs or mentally incapacitated. If you fall within any of these categories then please terminate access to and use of our Website immediately. By your continued use of our Website, you warrant that you are of legal age and of sound mind to access the services/products on our Website.

2. Use of our Website

2.1. In the event that we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you acknowledge that you (i) have provided us with true, complete, accurate and up-to-date personal information, (ii) are fully responsible for maintaining the safety and confidentiality of your password, and all activities occurring under your account and (iii) authorize us to assume that any person using our Website with your username and password is you or someone authorized by you.

2.2 You agree to notify us immediately of any breach of security of your password. 

2.3 In these Terms of Use, the term “we”, “us” or “our Company” refers to Creative China Creations Limited, its affiliates, directors, officers or employees and the term “you” refers to a user or viewer of our Website.

2.4 You expressly agree and acknowledge that we shall not be held liable for any loss or damage arising from your failure to comply with this Section 2.

3. Material accessible through our Website

3.1  By using and accessing our Website, you will be exposed to information, data, text, software, photographs, graphics, video, messages or other materials that (i) we provide, (ii) other users of our Website upload, post, email, transmit or otherwise make available on our Website whether publicly or privately (“Contributions” Please read Section 4) and content provided to our Company by other parties (“Third Party Content” Please read Section 5). For the purpose of this Section, all types of material described above shall collectively be referred to as “Material”.

3.2 You understand and agree that the Material may contain inaccuracies or errors or you may find to be objectionable. You agree that the Material found or accessible on our Website is provided on an “as is” or “as available” basis and we expressly exclude any liability to the fullest extent permitted by law.

3.3 You understand that the Material may only be used for your own use. The Material is not for your publication, distribution, transmission, retransmission, redistribution, broadcast, reproduction or circulation to anyone else, and not for posting to other websites or forums, newsgroups, mailing lists, electronic bulletin boards, or any social media related or chat groups operated by other websites without our express prior written consent.

3.4 You agree not to reproduce, display or otherwise provide access to our Website or the Material to any person, or on another website or server.

3.5 We are, under no circumstances, liable for any of the Material, including but not limited to, any errors or omissions in any of the Material, or for any loss or damage of any kind incurred as a result of the use of any of the Material posted, emailed, transmitted or otherwise made available on our Website.

3.6 Any product descriptions, specifications or details appearing on our Website are provided for illustrative and reference purposes only. These descriptions are subject to change and may not reflect the final specifications of the products. All specifications must be agreed upon by the parties prior to purchase. We reserve the right to modify any product details at our sole discretion.

4. Contributions

4.1  In this section “Contributions”, means information including data, text, video, still images, audio or other material that our Company has permitted you to host, share, publish, post, store or upload on our Website as permitted under these Terms of Use.

4.2 Our Company may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you. Without limiting the previous sentence, our Company may remove or disable access to any or all your Contributions if it considers that:

4.2.1 those Contributions are in breach of any law or regulation;

4.2.2 those Contributions infringe or are likely to infringe upon the intellectual property rights of any third party;

4.2.3 it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;

4.2.4 those Contributions are (i) misleading or deceptive, (ii) inappropriate having regard to the purpose of our Website, (iii) likely to cause offence, (iv) materially incorrect, (v) obscene, (vi) derogatory or defamatory, (vii) otherwise in breach of any applicable laws, or (viii) corrupted, due to the presence of a virus or other disabling code.

4.3 You retain all of your ownership rights in your Contributions. Our Company is under no obligation to treat your Contributions as proprietary information.

4.4 To the extent that any Contributions are proprietary in nature, you grant our Company a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not. You also grant each user of our Website a non-exclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by our Company and these terms.

4.5 You grant our Company, in respect of Contributions to its website the right to use your name or the name you submit with the Contribution, and, the right to represent and warrant that:

4.5.1 you own and control all of the rights to the Contributions; or

4.5.2 you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise our Company to display the Contributions.

4.6 For any Contributions that you may retain moral rights in, you declare that:

4.6.1 you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution; and

4.6.2 you understand that when accessing our Website, you may be exposed to the Contributions of other users of our Website. You acknowledge and agree that our Company does not have control of and is not responsible for these other Contributions. You agree to hold harmless and release our Company from any and all claims that you could assert against our Company relating to or in connection with these other Contributions.

4.7 You represent and warrant that:

4.7.1 you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise our Company to display your Contributions; and

4.7.2 you will not make any Contributions that (i) infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Contributions made by you, (ii) are misleading or deceptive, (iii) are materially incorrect, (iv) are likely to cause offence, (v) directly or indirectly involve the advertising or marketing of any products or services, (vi) are obscene, including pornographic, hateful, racially or ethnically offensive material, (vii) are derogatory or defamatory, (viii) are in breach of any applicable laws, or (ix) are otherwise unlawful or encourage unlawful conduct; or are otherwise inappropriate having regard to the purpose of our Website.

4.8 You agree to indemnify and hold our Company or its affiliates, directors, officers or employees harmless of any and all loss, liability, claim or demand (including reasonable attorneys’ fees) arising out of, or in connection with any breach by you of this Section.

5. Third Party Content

5.1 Our Website contains content provided to our Company by other parties (“Third Party Content”). Our Company does not warrant and you acknowledge and accept that we do not pre-approve, pre-screen, monitor or make inquiries about all Third Party Content. Our Company is not responsible for, does not endorse and makes no representations nor warranties either expressly or impliedly concerning the quality, accuracy, completeness, timeliness, reliability or non-infringing nature of any Third Party Content. Third Party Content does not represent the views of our Company. You rely on Third Party Content completely at your own risk.

5.2 Third party links and advertising. Our Website often includes advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites include, without limitation, links to some of the partners, manufacturers and/or retailers that our Company collaborates with. Any references to third-party products, services, or organizations on our Website do not imply an endorsement, partnership, or joint venture unless expressly stated. Those third party websites do not form part of our Website and are not under the control of or the responsibility of our Company and our Company makes no representations or warranties with respect to, nor does our Company guarantee or endorse the quality, accuracy, completeness, timeliness, reliability or non-infringing nature of such third party website, materials, information, products and services you may access from such third party websites. When you link to those websites you leave our Website and do so entirely at your own risk. Your correspondence and/or any other dealings with such third parties are solely between you and such third parties. Our Company and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites, and our Company and its affiliates, directors, officers and agents expressly disclaim all liability and responsibility for any and all Third Party Content or any and all third party provided information, materials, programs, products and/or services covered or accessible through either our Company or third party websites. You expressly agree that our Company shall not be responsible or liable for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites. A display of advertising does not imply an endorsement or recommendation by our Company.

6. Attribution and Linking of our Website

6.1 You may only link to content on our Website with our prior written consent. If we do allow you to link to our Website, it is on condition that you do not:

6.1.1 attribute a link to any content on our Website as being a link to your own or someone else’s content (for example, use your own logo to link to our content);

6.1.2 attribute a link to our Website and then link somewhere else;

6.1.3 frame any content of our Company made available through our Website in such a way as to present it as your own or as belonging to anyone other than us or our licensors; or

6.1.4 link to our content as part of a website that competes with us in any manner.

6.2 We reserve the right to require that you do not link to any content of our Website and we may exercise this right by giving notice to you. We reserve complete discretion in relation to our exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance we consider is reasonable.

7. Limitation of Liability

7.1  We shall not be liable to you for any direct, indirect, incidental, special, consequential losses or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:

7.1.1 your use or your inability to use our Website;

7.1.2 any unauthorised use of your account due to your non-compliance with your obligations under Sections 2 and 7;

7.1.3 your reliance on the Materials other than as intended under these Terms of Use;

7.1.4 the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from our Website;

7.1.5 unauthorized access to or alteration of your transmissions or data;

7.1.6 statements or conduct of any third party on our Website;

7.1.7 any dealings with and/or reliance upon any Third Party Content;

7.1.8 any other matter relating to our Website.

8. Disclaimer of Warranties

8.1 Your use of our Website is at your sole risk. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

8.2 We reserve the right at any time and from time to time to modify and discontinue, temporarily or permanently, any services of our Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of such services.

8.3 We make no warranty, whether express or implied, that:

8.3.1 our Website will meet your requirements;

8.3.2 our Website will be uninterrupted, timely, secure and error-free;

8.3.3 any content and/or results that may be obtained from the use of our Website will be accurate or reliable; and

8.3.4 the quality of any products, services, information or other material purchased or obtained by you through our Website will meet your expectations.

8.4 We cannot and do not endorse, and cannot be responsible for, the messages, views, opinions, research and/or recommendations of any individuals, users, and organisations of deemed interest, or advocate any patronage of any particular service provider, course of treatment or commercial dealings in any securities, investments or classes of securities or investments nor does the inclusion on our Website of a link to other website(s) or resources imply any form of endorsement by us.

8.5 We do not actively review or edit the messages, views, opinions, research and recommendations of users, even if such messages, views, opinions, research and recommendations are made by the users using our Website. the information on our Website has been obtained from sources believed to be reliable. None of the data, news, information, reports or opinions nor any of the recommendations (if any) has been customised for any specific person or class of persons. Therefore, please use our Website at your own risk.

8.6 By making available information and data on our Website, including facts, views, opinions and recommendations of individuals and organisations of deemed interest, we and our content providers are not giving or purporting to give or representing or holding themselves out as giving financial, investment, tax, legal and other professional advice. You shall always seek the relevant professional advice before otherwise making any such decisions.

8.7 We may monitor or review any areas on our Website where you transmit or post communications for the purpose of promoting its efficiency, usefulness and appropriateness of use. However, we do not undertake to monitor or review every posting or communication, and we disclaim any and all liability relating to all the Material, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

9. User Indemnities

You agree to indemnify and hold our Company or its affiliates, directors, officers or employees harmless of any and all loss, liability, claim or demand (including reasonable attorneys’ fees) arising out of, or in connection with:-

9.1 your use of and access to our Website not in accordance with Section 2;  

9.2 any Contributions by you not in accordance with Section 4 or these Terms of Use;

9.3 any posting, publishing, circulating, use or dealing with Materials not in accordance with Section 3 or these Terms of Use;

9.4 any other breach by you of these Terms of Use.

10. Termination

10.1  We may, under certain circumstances and without prior notice, at our sole discretion immediately terminate your account (if any). Cause for such termination shall include without limitation:

10.1.1  breaches or violations of the Terms of Use, or other incorporated documents, guidelines or rules;

10.1.2 Request by law enforcement or other government agencies;

10.1.3 self-initiated account deletions;

10.1.4 infringement of intellectual property rights of others;

10.1.5 discontinuance or material modification to the services on our Website, or part thereof;

10.1.6 unexpected technical or security issues or problems; or

10.1.7 extended periods of inactivity.

10.2 Termination of your account shall result in:

10.2.1 removal of access to and barring of further use to all offerings of our Website that are associated with such account; and

10.2.2 deletion of your password and all related information, files and content associated with or inside your account (or part thereof).

10.3. Termination of your account shall be without prejudice to any other rights or remedies we may be entitled to under the Terms of Use, at law or in equity and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.

11. Privacy Policy and Personal Information Collection Statement

11.1It is our policy to respect the privacy of individuals. We pledge to meet fully, internationally recognized standards of personal data privacy protection, in complying with the requirements of the Personal Data (Privacy) Ordinance, Chapter 486 of the laws of the Hong Kong (“Ordinance”). In doing so, we will ensure compliance by our staff with the strictest standards of security and confidentiality.  Users may be asked to provide with personally-identifiable information such as name and e-mail address. This is necessary to provide the users the various services and activities offered on this web site. Users are not obliged to supply the data, but if they do not, the services and activities will be unavailable.  IP address of the computer used to visit our web site may be recorded.

11.2 Reasons for Data Collection

11.2.1 From time to time, you may be required to provide information ("Data") to our Company in order to register for use or subscribe to certain services or register for marketing activities held by our Company. Additional site use Data may be gathered as you navigate our web sites. This Data is gathered for the following main purposes:
a) To establish your identity - for these purposes, contact information such as, name, correspondence and e-mail addresses will be collected from you during the registration process.
b) To post messages submit posting to our social media, internet platform or any other means or answer a survey - email addresses or names will be collected.
c) To tailor our service to your needs - information on service use may be used to compile aggregate statistics and carry out analysis in order to help us create content and navigation that is most relevant and user friendly to users.
d) For marketing and promotional purposes for our products and/or services, as well as communication with members, including contacting you directly to inform you of new services or opportunities – names, email addresses, mobile phone number or addresses will be collected.
e) For compiling aggregate statistics about our users to analyze site usage.
f) For monitoring use of the web site to help its further development.

11.2.2 Whilst our Company endeavors to adhere to our strictest guidelines and select only reputable partners in providing the service, our privacy protection does not cover Data that you provide directly to third parties such as other hyper-linked website. We advise you to consult with the relevant parties before providing any data.

11.3 Disclosure of Data Collected

11.3.1 You acknowledge and authorize that all Data supplied by you will be retained by our Company and stored in one or more of our databases. We will maintain full control over and safeguard, according to strict standards of security and confidentiality all Data in these database and will NOT release to third parties except the following:
a) Authorized employees of our Company who have received proper training on the handling of customer information.
b) Third party service providers in providing support services including but not limited to administrative, customer services, telecommunications, computer, eMarketing, financing, and other professional services. These providers are contractually required to comply with requisite privacy standards.
c) Any person by whom our Company is required to make disclosure by applicable legal, governmental or regulatory requirements.
d) Any of our Company’s actual or proposed assignees or transferees of our Company’s rights during the company's re-construction, re-organization or other similar situations.
e) Other affiliated companies of our Company for the purpose to provide the relevant service or information to you.
You further acknowledge that third parties to whom Data supplied by you may be transferred may be situated outside Hong Kong.

11.3.2 Data will not be disclosed to third parties without your consent for marketing or promotional purposes.

11.4 User Preference / Opt-Out: We provide users with the opportunity to opt-out of receiving unsolicited communications from our Company from time to time. In addition, if at any point in the future you do not wish to receive any unsolicited communications from our Company, simply contact our customer relations by email, phone or in writing and our customer relations will remove you from our contact list for the purposes of those communications. We would retain your contact details for use only for customer service purposes, such as unavailability of our service or impact to your use of our services for any other reason, or where you have subscribed to a particular service, updates or information in relation to that service.

11.5 Collection of Data using “Cookies”

11.5.1 We may use “cookies” to collect Data on the usage of our service by users and to facilitate return visits. A “cookie” is a small piece of information sent by a web server to be stored on a web-browser so it can later be read back from that browser. The Data collected from cookies is currently used to improve the functionality of our service. The Data on our service is organized and presented based on our analysis of the aggregate usage of our service. Cookies are also useful in allowing more streamlined log-in, tracking of transactions and in preserving Data between sessions.  Font size cookies are used to provide proper appearance of characters when you browse our websites. We will not collect any personal data from you when the cookies are being used.

11.5.2 You may disable the cookie feature on your browser without affecting your ability to transact business on our web sites. Cookies do, however, enable many convenience features of our service. Disabling cookies may require more complexity and data entry. You should also be aware that if you do disable cookies you may not be able to use certain features on our web sites.

11.6 Security

11.6.1 We are concerned with the security of Data collected and have put in place measures to prevent unauthorized access to that Data. Our systems safeguard electronic communications by utilising appropriate security protocols for authentication and authorisation, including SSL, encryption, firewalls and data duplication. Notwithstanding the above, we shall not in any event be responsible for any breach whatsoever of security or the unauthorised disclosure or use of any such Data.

11.6.2 In order to help protect you and others, we monitor use of the properties in order to: identify fraudulent activities and transactions; prevent abuse of and investigate and/or seek prosecution for any potential threat to or misuse of the properties; ensure compliance with the applicable Terms of Use and this privacy policy; investigate violations of or enforce these agreements; and protect the rights and property of our Company. Monitoring may result in the collection, recording, and analysis of online activity or communications. If you do not consent to these conditions, you must discontinue your use of our website.

11.7 Period of Retention: Your Data will be retained for a period necessary to attain the specified purpose.

11.8 Updates to Privacy Policy: We are sensitive to users' privacy issues and recognize the need to update this policy as new features and business services are offered by our Company. Users will be notified of any changes to the Privacy Policy prior to the change date.

11.9 Other Rights: Nothing in this Privacy Policy shall limit the rights of any person under the Personal Data (Privacy) Ordinance. You are aware of your rights under the Personal Data (Privacy) Ordinance, including the right:
a) to check whether we hold any of your Data,
b) to have access to your Data held by our Company,
c) to request correction of your Data,
d) to ascertain our policies and practices (from time to time) in relation to the Data and the types of Data held by us,
e) to disallow access or use of your Data by our Company, and be informed of action taken in response to any such request. We reserve the right to charge a reasonable fee in relation to the time and attendance involved in complying with any request in this regard.

11.11 Contacting Us: For requests to access or correct Data, please contact us at [*] or post to [*].  Please note that under section 19(1) of the Ordinance, the data access request would be complied within 40 days after receiving the request form. If the request is unable or has valid ground to refuse to be complied, in accordance with section 19(2) or 21(1) of the Ordinance, you will be given a notification of such matter within the same 40 days period.

12. Miscellaneous

12.1 These Terms of Use represent the entire agreement between you and us in relation to your use of our Website and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding your use of our Website.

12.2 No condoning excusing or overlooking by us of any default breach or non-observance or non-performance by you of these Terms of Use shall operate as a waiver of our rights hereunder in respect of any continuing or subsequent default or breach and no waiver by us shall be inferred from or implied by anything done or admitted by us unless expressed in writing and signed by us. Any consent given by us shall operate as a consent only for the particular matter to which it relates and shall in no way be considered as a waiver or release of any of the provisions in these Terms of Use.

12.3 The provisions of these Terms of Use shall be enforceable independently of each other and the validity of each provision shall not be affected if any of the others is invalid. In the event any provision of these Terms of Use is determined to be illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms of Use shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there shall be added as part of these Terms of Use one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.

12.4 If a court or tribunal of competent jurisdiction finds any provision or part of these Terms of Use to be invalid or unenforceable, the remainder of these Terms of Use will continue in full force and effect.

12.5 No waiver of any provision in these Terms of Use will be effective unless it is in writing signed by one of our authorised signatories.

12.6 These Terms of Use are governed by and will be interpreted in accordance with the laws of the Hong Kong SAR.

12.7 If there is a non-English version of these Terms of Use, the English version shall prevail if there is any inconsistency between the English version and any local language version.