Introduction
Smarter Concepts Limited is committed to bringing creative and innovative products to consumers worldwide.
The Terms and Conditions located here apply to the entire websites www.smartmama.com.hk and www.smarterconcepts.com.hk and govern your use of these websites. By accessing these websites, you accept the Terms and Conditions stated in full.
Access to Website
Unless otherwise stated, Smarter Concepts Limited and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in the terms and conditions stated hereof.You must not:
- republish material from this website;
- sell, rent or sub-license material from the website;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- redistribute material from this website.
Acceptable Use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including and without limitation to scraping, data mining, data extraction and data harvesting) on or in relation to this website without Smarter Concepts Limited’s express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without Smarter Concepts Limited’s express written consent.
Restricted Access
Access to certain areas of this website may be restricted. Smarter Concepts Limited reserves the right to restrict access to areas of this website. In the case that you are provided with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. Smarter Concepts Limited may disable your user ID and password in Smarter Concepts Limited’s sole discretion without notice or explanation.
User Content
In these Terms and Conditions, “your user content” means material (including and without limitation to text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to Smarter Concepts Limited a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Smarter Concepts Limited the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you, Smarter Concepts Limited or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Smarter Concepts Limited reserves the right to edit or remove any material submitted to this website, or stored on Smarter Concepts Limited’s servers, or hosted and/or published on this website.
Smarter Concepts Limited does not undertake to monitor the submission of such content to, or the publication of such content on this website.
No Warranties
This website is provided “as is” without any representations or warranties, express or implied. Smarter Concepts Limited makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Smarter Concepts Limited does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
No content on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of Liability
Smarter Concepts Limited will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
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These limitations of liability apply even if Smarter Concepts Limited has been expressly advised of the potential loss.
Exceptions
No content in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Smarter Concepts Limited’s liability in respect of any:
- death or personal injury caused;
- fraud or fraudulent misrepresentation on the part of Smarter Concepts Limited; or
- matter which it would be illegal or unlawful for Smarter Concepts Limited to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
Other Parties
You accept that, as a limited liability entity, Smarter Concepts Limited has an interest in limiting the personal liability of its employees. You agree that you will not bring any claim personally against Smarter Concepts Limited’s employees in respect of any losses you suffer in connection with the website. You agree that the limitations of warranties and liability set out in this website disclaimer will protect Smarter Concepts Limited’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Smarter Concepts Limited.
Indemnity
You hereby indemnify Smarter Concepts Limited and undertake to keep Smarter Concepts Limited indemnified against any losses, damages, costs, liabilities and expenses (including and without limitation to legal expenses and any amounts paid by Smarter Concepts Limited to a third party in settlement of a claim or dispute on the advice of Smarter Concepts Limited’s legal advisers) incurred or suffered by Smarter Concepts Limited arising out of any breach by you of any provision of these Terms and Conditions.
Breaches of Terms and Conditions
Without prejudice to Smarter Concepts Limited’s other rights under these Terms and Conditions, in the case of breach of these Terms and Conditions in any way, Smarter Concepts Limited may take such action as Smarter Concepts Limited deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
Smarter Concepts Limited may revise these Terms and Conditions from time-to-time. Revised Terms and Conditions will apply to the use of this website from the date of the publication of the revised Terms and Conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Smarter Concepts Limited may transfer, sub-contract or otherwise deal with Smarter Concepts Limited’s rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.
Severability
If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Agreement
The Terms and Conditions stated hereof, constitute the entire agreement between you and Smarter Concepts Limited in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law of Jurisdiction
Any disputes relating to these Terms and Conditions will be subject to the jurisdiction of the courts of the Hong Kong Special Administrative Region.
