Terms and Conditions and Declaration of the Use of Website
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Welcome to www.broadwaylifestyle.com (“Broadway”, “we” or “us”) website (collectively, the “Site” / “Website”).
Please note that when you browse and/ or use this website, you will be deemed to have agreed and accepted the terms and conditions of this Website.
- Use of the Website
- You agree not to upload, post, distribute or transmit on the Site of any content which:
- is perceived, by us (or by any recipient), to be misleading, inaccurate, libellous, unlawful, obscene, threatening, deceptive, abusive, defamatory, or objectionable; or
- violates copyrights or other intellectual property rights; or adversely affects the data, software or computer systems of the Company or the others or the performance or availability of the Site; or
- violates the rights of any person (including but not limited to copyright and confidentiality); or
- carries any kind of virus, Cancelbot, Trojan Horse, Worm or other harmful or disturbing or destructive programs; or
- violates any applicable law or regulations; or
- contains any unauthorised advertising, publicity, marketing or solicitation;
- materially misrepresents facts which may be unfavourable or harmful to us, our customers and/or their agents or our business partners; or
- contains any unauthorized programming, software, files and any other materials (including in any message)
- You agree to indemnify us in full form and against any and all claims, liabilities, losses, damages, expenses and other costs whatever suffered or incurred as a result of any breach of your obligations under Clause 1.1, including, but not limited to, any claims made against us by any third party.
- You agree not to upload, post, distribute or transmit on the Site of any content which:
- Intellectual Property
- You acknowledge and agree that the ownership of any and all intellectual property rights (including, but not limited to, copyright and trademarks) in this Website belongs to us or our third-party licensors. Accordingly, any part of this Website may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing this Website, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content in connection with the relevant matter.
- Copyright and all other intellectual property rights existing in any database accessible via this Website and each and every piece of information provided by this Website are owned by us or the third-party providers of such information. You may use the information retrieved from this Website for the purpose of posting on this Website in respect of the relevant matter only.
- You agree not to violate any intellectual property rights of this Website and/ or any intellectual property rights of the contents of this Website.
You may not link this Website to any other Website without our prior written consent. Where we provide links to a third-party website, we do not take any responsibility for or make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext links in, from or with this Website, and we do not endorse or approve the content of such third-party websites.
- We cannot guarantee that any messages sent over the Internet will be completely secure. We will not accept any responsibility for any damages incurred by you if you send a message to us, or if we send a message to you at your request, over the Internet. We shall not be responsible in any manner for direct, indirect, special or consequential losses or damages, however arising out of the use of this Website. Communications over the Internet may be subject to interruption, delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet or otherwise.
- We are unable to guarantee that third parties will not be able to independently gain access to confidential information or data (including, but not limited to, the payment details and details of your personal identity) passing to or via this Website. Accordingly, we do not accept any responsibility or liability whatever for any loss or damage suffered or incurred as a result of any use or misuse of any such confidential information or data by any such third party; and you agree and acknowledge that your use of this Website shall be solely at your own risk.
- We are unable to guarantee that this Website or the servers are free of viruses or other harmful components. You are recommended to take appropriate preventive measures to protect your computer and the information in it.
- You agree not to interfere with the contents, servers, network and systems of this Website.
- The Website
- We reserve the right to change the content, presentation, performance, user facilities and availability of any part of this Website at our sole discretion and without notice. It is your responsibility to check and update yourself in relation to any changes made from time to time. Those changes will come into effect immediately upon posting by us. We do not warrant any continuity of connection, transmission over, security of, or results from, the use of any network connection or facilities provided (or omitted to be provided) in connection with the use of this Website.
- We reserve the right to withdraw your rights to visit and/or use this Website at any time without notice.
- We will not guarantee and will not be liable for, for any reason, the continuity of the Site’s availability and the Site’s accuracy at any time and for any period.
- Liability and Indemnity
- You shall irrevocably indemnify us and our affiliates from and against any and all losses, damages, and costs suffered or incurred by us, or our affiliates of whatever nature arising out of or in connection with your use, provision or distribution of information on the Website or otherwise, however arising, in relation to any breach of these Terms and Conditions by you.
- The Website, including but not limited to its contents, functionality, performance and features, is provided on an “as available basis” at your sole risk and without representations or warranties of any kind and all warranties, conditions or terms (express or implied, statutory or otherwise including without limitation any warranty as to satisfactory quality or any warranty or commitment that access or use will be uninterrupted or error free) are expressly excluded. Accordingly, we shall not be liable for any losses (including direct, indirect, incidental, special or consequential damages) arising out of use of or inability to access the Website. It shall be your responsibility to make all necessary copies and backups of any information obtained or available from the Website. You agree not to bring a claim of any nature against us in relation to your use of or access to the Website except where such a claim cannot be excluded by law. You acknowledge and agree that we will have the right (subject to the discretion of the Court) to a stay of proceedings if you bring any claim against us for breach of the foregoing.
- You may not transfer your rights or obligations under these Terms and Conditions without our prior written consent.
- We will not be liable to you for failure to fulfil obligations caused by events outside our control, including but not limited to, any difficulties experienced by you in accessing this Website.
- Your use of this Website is governed by the laws of the Hong Kong SAR and you agree to submit to the non-exclusive jurisdiction of the Courts of the Hong Kong SAR in relation to any dispute arising out of your use of or access to it.
- These Terms and Conditions constitute the entire agreement between us relating to your use of this Website and shall supersede and replace all other agreements, contracts, discussions, letters or communications (whether written or oral)
General Terms of Sales
(This is the general terms of sales. Customers should pay attention to other possible terms and liability conditions of individual categories of or individual products)
Terms and Conditions of Guarantee
- Genuine goods
Goods sold by Broadway are genuine goods with maintenance and warranty provided directly by agents. Broadway is only responsible for retail sales and is not the manufacturer or agent of the products. When making a maintenance request, the warranty card of the agent and Broadway’s receipt and other documents required from the agent must be shown. With respect to goods warranty and exchange conditions, the terms on the warranty card provided by the agent shall prevail. Customers must contact the agents or manufacturers directly for all maintenance and warranty issues.
- 10-day shopping guarantee
If an issue of product quality is proven upon testing by the agent to be a factory defect, the customer may exchange for goods of the identical model number within 10 days of its purchase (calculated from the date of delivery and receipt of the goods); however, the product requiring exchange must be returned in its complete package, free of any damage or scratches, with an unfilled warranty card, and may only be exchanged for goods of the identical model number. Products that may be exchanged do not include personal care products, earphones and certain specific products.
- To the extent permitted by law, Broadway does not make and explicitly declines to make any warranty, description, statement or advice with regards to the fitness and suitability for any purpose, the durability under any circumstances, the similarity with samples, the merchantability or any other aspects of goods supplied by Broadway.
- No agent or representative of Broadway is authorized to make any warranty, representation or statement with regards to the goods; Broadway shall not be bound by any such unauthorized warranty, representation or statement.
Responsibilities (Customer Attention Required)
- Broadway’s liabilities of contractual, infringement or any other nature incurred from losses, damages or injury directly or indirectly caused by defective or non-compliant goods or Broadway’s breach of responsibilities contained herein in other aspects shall in all circumstances be capped at the price of the goods, and Broadway disclaims responsibility for any amount in excess thereof.
- Broadway disclaims any responsibility for any consequently arising, indirect or special damages or losses of whatever nature; Broadway also disclaims any responsibility for damages or losses caused by the customer’s employees, agents, buyers, or any other persons.
- Customers must ensure that goods will not be used for inappropriate purposes, and be responsible for taking all necessary skill and precaution in handling and using the goods. Customers expressly acknowledge and agree that Broadway accepts no obligations or responsibility regarding any advice or data provided with respect to the products. Broadway also disclaims all responsibility for any inaccuracy or error in such data. Customers must assume full risks on acceptance of the goods.
- All rights, ownership and benefits attached to all intellectual property in all concepts, systems, text, works of art and other materials of the Broadway Website is at all times the property of Broadway, and may not be used, reproduced or republished in any form without the written consent of Broadway.
- Broadway and other persons own the trademarks, labels and service marks displayed on the Website and/or related to the goods. Customers and visitors to the Webpage shall not use or republish such trademarks, labels and marks without receiving prior written consent of Broadway or such other persons.
- If for any reason of events of Force Majeure, including fires, unfortunate incidents, accidents, disasters, natural disasters, any laws, orders, declarations, gazettes, provisions, requests or regulations issued by the Hong Kong Special Administrative Region Government or its agencies, strikes, wage disputes, labour shortages or technician shortages, goods or raw materials shortages, shipping delays, or any other reasons beyond our reasonable control (regardless of similarity to the foregoing), which render us incapable of fulfilling our responsibilities, guarantee and terms under the Broadway Website, Broadway shall be exempt from and shall not need to fulfill such responsibilities, guarantee and terms.
Statutory Notice and Disclaimer
If you wish to browse the Broadway website or use the Website in any other manner, you are required to closely read all terms and conditions including this notice and disclaimer prior to using the Website. By using or browsing the Website or any section of the Website, you acknowledge that you have read the terms and conditions (including this statutory notice and disclaimer) and irrevocably and unconditionally accept and agree to be bound by them.
Intellectual Property Rights
All information provided on the Website and webpage, including but not limited to text, works of art, icons, images and trademarks, are protected by copyright, trademark or other intellectual property rights owned or managed by Broadway or third parties. You may not in any way for any purpose duplicate, reproduce, republish, upload, download, post, transmit, store in an indexing system, alter, change, display or distribute to the public without receiving prior written consent of Broadway and the rights owners; however, you may download materials belonging to Broadway displayed on the Website for non-commercial home and individual use, provided that you maintain the integrity of all copyrights, trademarks and other propriety notices.
The Company will make all reasonable efforts to ensure that all data provided on the website are true and accurate information. However, Broadway declines to recognize and will not provide any implied and/or warranty and will not make any representation as to the accuracy and completeness of any data published on the Website, for which visitors must separately verify for themselves. Broadway is not responsible for and disclaims any responsibility for the content of the Website or anything posted on the Website or linked from the Website, including but not limited to any error, inaccuracy, omission, or infringed, defamatory or false information or any other data or omissions that may be cause offense or in other aspects lead to any recourse or complaint.
By browsing and using the Website under limited liability, you acknowledge and accept that your use of the Website is done at your own risk. Broadway disclaims all responsibility for any direct, indirect, incidental, consequential or punitive damages or damages relating to loss of profit or income arising from using, browsing, or being unable to use the Website. Without prejudice to the foregoing: The Website and all data and material published on the Website are provided based on their “status at the time of display” without any expressed or implied warranty attached, including but not limited to ownership, quality, merchantability, fitness for particular purposes, implied privacy or non-infringement warranty or implicit terms.
Broadway is not responsible and disclaims all responsibility (to the extent permitted by law) for any damage or injury, or any failure, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, failure of communication lines, interception of transmission messages, software or hardware problems (including but not limited to loss of data or compatibility problems), theft, destruction or alteration of the website, or any breach of contract, tort, negligence, or any other complaints arising from using or browsing the Website.
Broadway is not the manufacturer or supplier of the goods. For any dispute relating to the goods, please directly contact the manufacturer or supplier or contact Broadway first for referring the enquiry to the applicable supplier or manufacturer.
In any event, Broadway disclaims all responsibility or obligation for any error or omission in the content published on the Website.
The Website may contain links to other websites or webpages which are not established or managed by Broadway and for which Broadway is not responsible and disclaims all responsibility thereof.
All information published on the Website is meant only for persons browsing the Website from within the Hong Kong Special Administrative Region. Broadway makes no warranty, advice or representation as to the availability or suitability of any products or services described in the Website in any other region.
Broadway has the right to (but has no obligation to necessarily), at its own absolute discretion conduct at any time on the Website (including terms and conditions etc.), reviews, amendments, edit or changes in any other form, without giving any other notice.