These terms of use (“Terms of Use”) apply to your use of this website. Any purchase of any product or service offered through this Website is subject to the terms and conditions of purchase (“Purchase Terms”) located on the applicable Company website, which are incorporated herein by reference. In addition, your use of this website is subject to the Privacy Policy, which is incorporated herein by reference.
Throughout the Site, the terms “we,” “us,” and “our” refer to the Company. The Company offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of these Terms of Use. Your continued use of this website constitutes your acceptance of these terms of use. If you do not wish to be bound by these Terms of Use, please do not use this website.
PLEASE READ THESE TERMS OF USE CAREFULLY, ALONG WITH THE PRIVACY NOTICE AND ANY OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF USE, BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW.
Data Integrity
You represent that all information, data and other materials that you otherwise provide on this Website or to the Company are true, accurate, current and complete. You are responsible for updating and correcting the information you provide on this website as necessary.
Data protection notice
A copy of the Privacy Notice that governs the collection, use, disclosure and other processing of personal data on this website can be found at ivydaycandy.com. You agree that any personal data we receive about you (either via this website, by email, telephone or otherwise) will be collected, stored and otherwise processed in accordance with the terms of the Privacy Notice.
License and Access to the Site
All content available through this Site (including but not limited to text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, and the selection and arrangement thereof) is the exclusive property of the Company , its licensors or its content providers and is protected by copyright, trademark and other applicable laws.
The Company grants you a limited license to access and make personal use of this Website. Unless otherwise indicated, you may access, copy, download and print the content available on this Site for your personal, non-commercial use, provided you do not change or delete any copyright, trademark or other proprietary notices that appear in the content. The Company or its licensors or content providers retain full ownership of the content available on the Site, including all associated intellectual property rights, and are making such content available to you pursuant to a license, which is revocable at any time in the sole discretion of the Company.
any downloading, copying or other use of the Content or the Site for any purpose competitive with the Company or for the benefit of any other provider or third party; any caching, unauthorized linking to the Website, or framing of any content available on the Website; any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of any content, products or services obtained from the Site that you do not have the right to make available (e.g. the intellectual property of another party); any uploading, posting or transmission of any material that contains software viruses or any other computer code, files or programs designed to: interrupt, destroy or limit the functionality of any computer; using any hardware or software designed to surreptitiously intercept or otherwise obtain information (such as system data or personal information) from the Website (including, without limitation, the use of "scraping" or other data mining techniques, robots or similar data gathering and extraction tools); or any action that imposes or may impose (in Company's sole discretion) an unreasonable or disproportionately large load on Company's infrastructure or damages or disrupts the proper functioning of our infrastructure. intended to surreptitiously intercept or otherwise obtain information (such as system data or personal information) from the Website (including, without limitation, through the use of "scraping" or other data mining techniques, robots or similar tools to collect and extracting data); or any action that imposes or may impose (in Company's sole discretion) an unreasonable or disproportionately large load on Company's infrastructure or damages or disrupts the proper functioning of our infrastructure. intended to surreptitiously intercept or otherwise obtain information (such as system data or personal information) from the Website (including, without limitation, through the use of "scraping" or other data mining techniques, robots or similar tools to collect and extracting data); or any action that imposes or may impose (in Company's sole discretion) an unreasonable or disproportionately large load on Company's infrastructure or damages or disrupts the proper functioning of our infrastructure. robots or similar data gathering and extraction tools); or any action that imposes or may impose (in Company's sole discretion) an unreasonable or disproportionately large load on Company's infrastructure or damages or disrupts the proper functioning of our infrastructure. robots or similar data gathering and extraction tools); or any action that imposes or may impose (in Company's sole discretion) an unreasonable or disproportionately large load on Company's infrastructure or damages or disrupts the proper functioning of our infrastructure.
You are responsible for accessing the Site, and such access may be subject to third-party fees (e.g., Internet service provider or mobile phone provider fees). In addition, you must provide and are responsible for all equipment necessary to access the Website. You must not bypass any measures put in place to prevent or restrict access to this website. Any unauthorized access to the Site by you (including any such access or use that in any way involves any account you have created on the Site or any device you use to access the Site) will void your rights approval or license granted to the company.
The Company reserves the right to refuse or cancel any person's registration for this Website, to remove any person from this Website, to prohibit any person from using this Website for any reason, and to terminate your access to or use of the Website at any time and restrict or terminate without notice. The Company neither guarantees nor represents that your use of the content available on this site will not infringe the rights of third parties unaffiliated with the Company. Termination of your access or use shall not constitute a waiver of any other rights or remedies Company may have at law or in equity.
Content You Submit
You acknowledge that you are responsible for all content that you submit through the Website, including the legality, reliability, appropriateness, originality and copyright of such content. You may not upload to, distribute or otherwise publish on this website any content that is confidential, proprietary, invasive of privacy or publicity rights, infringing of intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, threatening, false, fraudulent, offensive, libelous, obscene, vulgar, profane, harassing, hateful, racially, ethnically or otherwise objectionable, including,
You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content.
With respect to all content that you submit, post, upload, publish or otherwise make available via the Website (other than personal information, which will be treated in accordance with the Privacy Notice), you grant the Company a perpetual, irrevocable, not temporary, worldwide, transferable, royalty-free and non-exclusive license to use, reproduce, distribute, publicly display, modify, create derivative works of and sublicense such Content or any portion of such Content in any media. Such content will not be treated as confidential. You hereby represent, warrant and undertake that: (i) the content you provide does not contain any content (including but not limited to text, images, music or videos) for which you do not have the full right to grant such a license to the Company; and (ii) that the Company is free to exercise its rights in and/or implement your Content if it so chooses, without obtaining the permission or license of any third party and without reference to you or any other person.
Left
This Website may contain links to other websites or resources operated by third parties that are not affiliated with the Company. These links are provided as a convenience to you and as an additional means of accessing the information contained therein. We are not responsible or liable for the content, advertising, products or other materials contained on or available from such websites or resources. The inclusion of links to other websites or resources should not be construed as an endorsement of the content of the linked websites or resources. Different terms and conditions and privacy policies may apply to your use of linked websites or resources. The Company shall not be responsible or liable, directly or indirectly, for any damage, loss or liability
DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE OR IN THE TERMS OF SERVICE OR PURCHASE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS, OBLIGATIONS OR WARRANTIES OR OFFER ANY OTHER EXPRESS OR IMPLIED WARRANTY THE IMPLIED CONDITIONS REGARDING ANY MATTER, INCLUDING AND EXCLUDING LIMITATIONS ON MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT ON THE SITES OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE COMPANY SITES, AND ANY WARRANTIES ARISING OUT OF PERFORMANCE OR COURSE OF DEALING.
USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE SITE AND THE MATERIALS, INFORMATION, SERVICES AND PRODUCTS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS IS” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FUNCTIONS OR PORTIONS THEREOF AT ANY TIME. THE COMPANY DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SITE WILL BE SECURE, THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES, OR THAT THE INFORMATION ON THE SITE IS ACCURATE , ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE A WARRANTY OF ANY KIND.
CERTAIN JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, COMMUNICATIONS WITH THIRD PARTIES, AND THE PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE COMPANY SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE WHILE USING THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED TO YOU FREE OF CHARGE. YOU ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS LICENSORS, ARISING FROM THE USE OF SUCH PRODUCTS OR SERVICES (INCLUDING PRODUCT LIABILITY); (4) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE SITE; (5) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (6) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE USER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT, AVAILABLE THROUGH THE SITE OR FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES WITHOUT LIMITATION TO DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION UNG, A FAILURE COMMUNICATIONS LINE, NETWORK OR SYSTEM FAILURE, LOSS OF PROFITS TO YOU OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION, LOSS OR USE OF RECORDS OR DATA, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS LICENSORS, ANY SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS MAY BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY CLAIM OR DISPUTE WITH THE COMPANY SET FORTH ABOVE IS TO STOP USING THE SITE.
YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR PART OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You will indemnify and hold harmless the Company Parties from all fines, penalties, liabilities, losses and other damages of any kind (including attorneys' fees and expert witnesses' fees), and will defend the Company Parties and such parties from any and all claims arising out of (1) your breach of these Terms of Use ; (2) your breach of the Terms of Purchase; (4) your fraud, willful misconduct or gross negligence; or (5) your violation of applicable law or the rights of a third party. The Company Parties will have control over the defense of any Claim to which this indemnity applies and, in any event, you may not settle any Claim without the Company Parties' prior written consent.
Electronic communication
When you use the Site or send emails to Company, you are communicating with Company electronically. You agree to receive all communications relating to your use of this website electronically. Company will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from the Company intended to be received by a Customer will be deemed delivered and effective when sent to the email address provided by you on any of the Company Websites.
Trademarks and Copyrights
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Company or its licensors, content providers or other parties. Users or parties acting on their behalf are prohibited from using the Marks for any purpose, including but not limited to use as meta tags on other pages or sites without the written permission of the Company or a third party that owns the Brands is. You may not frame or utilize framing techniques or technologies to enclose any content on the Site without the express written consent of the Company. In addition, you may not use any content of the Site in any meta tags or other “hidden text” techniques or technologies without the express written consent of the Company. All content (including all software programs) available on or through the Site is protected by copyright, trademark and other applicable laws.
Claims of Intellectual Property Infringement
The Company respects the intellectual property of others, and we ask our users to do the same. You are hereby notified that the Company has adopted and reasonably implemented a policy that provides for the termination, in appropriate circumstances, of Site users who are repeat infringers of copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Company's copyright agent the following information (to be effective, The notice must be in writing and submitted to our copyright agent):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right; a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that you claim is infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located , located on the Site; your address, telephone number and, if available, email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Company's agent for notice of copyright or other intellectual property infringement notices can be reached as follows:
By email: support@ivydaycandy.com
The Company may update this contact information from time to time without notifying you. We will post current contact information on this website.
Survival of Terms after Termination
Notwithstanding any other provision of these Terms of Use or any general principle of law to the contrary, all provisions of these Terms of Use which impose or provide for continuing obligations on a party shall survive the expiration or termination of these Terms of Use.
Force Majeure
The Company is released from the fulfillment of these Terms of Use or Purchase to the extent that it is caused by an event or series of events caused by (1) weather conditions or other natural elements or force majeure, (2) acts of war, acts of terrorism, riots, riots , civil unrest or rebellion, (3) quarantines or embargoes, (4) labor strikes or (5) other causes beyond the Company's reasonable control are prevented or delayed in whole or in part.
Risk of Loss
Items purchased through the Site are shipped by a third party carrier under a shipping contract. As a result, risk of loss and title for such items pass to you upon delivery to the carrier.
Generally
If any provision contained in these Terms of Use or Purchase is held to be invalid, void or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of these Terms of Use or Purchase. The section headings are for reference purposes only and do not limit the scope or extent of each section. These Terms of Use or Purchase and the relationship between you and the Company are governed by the laws of the United Kingdom, to the extent that they are not overridden by or inconsistent with federal law, without regard to conflict of law provisions. We each submit to the personal jurisdiction of a court in the United Kingdom for all claims not subject to arbitration.
Company's failure to act with respect to a breach of these Terms of Use or the Purchase Conditions by you or others does not constitute a waiver of Company's right to act with respect to subsequent or similar breaches. If any content on this Website or your use of the Website violates the laws of the place where you are at the time you access the Website, the Website is not intended for you and we ask that you do not use the Website. You are responsible for informing yourself about and complying with the laws of your country.
The Company does not guarantee that it will take action against all violations of these Terms of Use or the Purchase Conditions. Except as expressly provided otherwise in these Terms of Use or Purchase, there are no third party beneficiaries of these Terms of Use or Purchase.
Assignment
You may not assign these Terms of Use or Purchase (or any rights, benefits, or obligations hereunder) by operation of law or otherwise without the Company's prior written consent, which may be withheld in the Company's sole discretion. Any attempted assignment not in accordance with these Terms of Use or the Purchase Terms will be null and void. The Company may assign these Terms of Use or the Purchasing Terms, in whole or in part, to any third party at its sole discretion.
Entire Agreement and Eligibility
These Terms of Use constitute the entire agreement and understanding between you and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. For the avoidance of doubt, these Terms of Use apply solely to the extent permitted by law.
In some cases, both these Terms of Use and a separate document containing additional terms and conditions may apply to a service or product offered through this Site ("Additional Terms"). In the event of any conflict between these Terms of Use and any Additional Terms, the Additional Terms will control, unless the Additional Terms expressly state otherwise.
A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to the use of this Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms of Use and any separate agreements that we provide to you shall be governed by and construed in accordance with the laws of the United Kingdom.
Contact us
If you have any questions or comments about these Terms of Use or this Site, please contact the Legal Department by email at support@ivydaycandy.com
Jazzmok Limited
Unit 616, 6 / F, Kam Kam Industrial, 135 Connaught Road West, Sai Ying Pun, Hong Kong