Terms of Use

Terms of Use

1.            Introduction

 

1.1          These terms of use (“Terms”) will govern your use of our website:  www.jebsenfinewines.com, owned and operated by Jebsen Beverage Company Limited.

 

1.2          By using our website, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use our website.

 

1.3          If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these Terms.

 

1.4          You must be at least 18 years of age to use our website. By using our website or agreeing to these Terms, you warrant and represent to us that you are at least 18 years of age.

 

1.5          Our website uses cookies; by using our website or agreeing to these Terms, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

 

2.            Copyright notice

 

2.1          Copyright © 2018 Jebsen Beverage Company Limited.

 

2.2          Subject to the express provisions of these Terms, we, together with our licensors:

 

(a)          own and control all the copyright and other intellectual property rights in our website and the material on our website; and

 

(b)          reserve all the copyright and other intellectual property rights in our website and the material on our website.

 

3.            License to use website

 

3.1          You may:

 

(a)          view pages from our website in a web browser;

 

(b)          download pages from our website for caching in a web browser;

 

(c)           print pages from our website;

 

(d)          make online purchase of our products by means of a web browser subject to our Conditions of Sale and the other provisions of these Terms.

 

3.2          Except as expressly permitted by Section 3.1 or the other provisions of these Terms, you must not download any material from our website or save any such material to your computer.

 

3.3          Unless you own or control the relevant rights in the material, you must not:

 

(a)          republish material from our website (including republication on another website);

 

(b)          sell, rent or sub-license material from our website;

 

(c)           show any material from our website in public;

 

(d)          exploit material from our website for a commercial purpose; or

 

(e)          redistribute material from our website.

           

3.4          Notwithstanding Section 3.3, you may redistribute our newsletter in electronic form to any person over 18 years of age.

 

3.5          We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

 

4.            Acceptable use

 

4.1          You must not:

 

(a)          use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

 

(b)          use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

 

(c)           use our 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, rootkit or other malicious computer software; and

 

(d)          use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing.

 

4.2          You must not use data collected from our website to contact individuals, companies or other persons or entities.

 

4.3          You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

 

5.            Registration and accounts

 

5.1          To be eligible for an account on our website under this Section 5, you must be ordinarily resided in Hong Kong. If you are not, we may grant you an account but on our sole discretion.

 

5.2          You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

 

5.3          You must not allow any other person to use your account to access our website.

 

5.4          You must notify us in writing immediately if you become aware of any unauthorized use of your account.

 

5.5          You must not use any other person's account to access our website.

 

6.            User login details

 

6.1          If you register for an account with our website, you will be asked to choose password.

 

6.2          You must keep your password confidential.

 

6.3          You must notify us in writing immediately if you become aware of any unauthorized disclosure of your password.

 

6.4          You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

 

7.            Login by social networking sites (SNS) credentials

 

7.1          If you connect to our website or use our services using credentials of a third party SNS such as Facebook or Google+, you authorize us to collect your authentication information, such as your name, email address and encrypted access credentials. We may store this information so that it can be used for the purposes explained in our Privacy Policy, and we may use it to verify your credentials with the SNS.

 

7.2          The information available to us from an SNS is affected by the privacy settings you establish at the SNS. You understand and agree that:

 

(a)        SNS use information they collect from you according to their own privacy policies (which we strongly encourage you to review); and

 

(b)        our use of such information is governed by our Privacy Policy.

 

8.            Cancellation and suspension of account

 

8.1          We may:

 

(a)          suspend your account;

 

(b)          cancel your account; and

 

(c)           edit your account details (except your personal data),

 

            at any time in our sole discretion without notice or explanation.

 

8.2          You may cancel your account on our website by Contact Us.

 

9.            Your content: license

 

9.1          In these Terms, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

 

9.2          You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to reproduce, store and, with your specific consent, publish your content on and in relation to this website.

 

9.3          You grant to us the right to sub-license the rights licensed under Section 8.2.

 

9.4          You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.

 

9.5          You may edit your content to the extent permitted using the editing functionality made available on our website.

 

9.6          Without prejudice to our other rights under these Terms, if you breach any provision of these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may delete, unpublish or edit any or all of your content.

 

10.          Your content: rules

 

10.1       You warrant and represent that your content will comply with these Terms.

 

10.2       Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

 

10.3       Your content, and the use of your content by us in accordance with these Terms, must not:

 

(a)          be libelous, maliciously false, obscene or indecent;

 

(b)          infringe any copyright, trade mark right and other intellectual property right;

 

(c)           infringe any right of privacy or right under data protection laws;

 

(d)          be in breach of racial or religious hatred or discrimination legislation;

 

(e)          depict violence;

 

(f)            be untrue, false, inaccurate or misleading];

 

(g)          constitute spam;

 

(h)          be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

 

(i)            cause annoyance, inconvenience or needless anxiety to any person.

 

11.          Limited warranties

 

11.1       We do not warrant or represent:

 

(a)          the completeness or accuracy of the information published on our website;

 

(b)          that the material on the website is up to date; or

 

(c)           that our website or any services on our website will remain available.

 

11.2       We reserve the right to suspend, discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation. Save as expressly provided otherwise in these Terms, you will not be entitled to any compensation or other payment upon our suspension, discontinuance or alteration of any website services, or if we stop publishing our website.

11.3       To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these Terms, our website and the use of our website.

 

12.          Limitations and exclusions of liability

 

12.1       Nothing in these Terms will limit any liabilities in any way that may not be excluded under applicable law.

 

12.2       The limitations and exclusions of liability set out in this Section 12 and elsewhere in these Terms:

 

(a)          are subject to Section 11.1; and

 

(b)          govern all liabilities arising under these Terms or relating to the subject matter of these Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms.

 

12.3       To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

 

12.4       We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

 

12.5       We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

 

12.6       We will not be liable to you in respect of any loss or corruption of any data, database or software.

 

12.7       We will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

12.8       You acknowledge that we are a limited liability entity. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with our website or these Terms.

 

13.          Breaches of these Terms

 

13.1       Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:

 

(a)          send you one or more formal warnings;

 

(b)          temporarily suspend your access to our website;

 

(c)           permanently prohibit you from accessing our website;

 

(d)          commence legal action against you, whether for breach of contract or otherwise; or

 

(e)          suspend or delete your account on our website.

 

13.2       Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking.

 

14.          Variation

 

14.1       We may modify these Terms or any additional terms that apply to our services to, for example, reflect changes to the law or changes to our services. You should look at these Terms regularly. We will post notice of modifications to these Terms on our website. Changes will not apply retroactively but immediately after they are posted. If you do not agree to our modified Terms, you must stop using our website.

 

15.          Assignment

 

15.1       You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.

 

15.2       You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms.

 

16.          Severability

 

If a provision of these Terms 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 of these Terms 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.

 

17.          Third party rights

 

A contract under these Terms is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party. The exercise of the parties' rights under a contract under these Terms is not subject to the consent of any third party.

 

18.          Entire agreement

 

These Terms, together with our Conditions of Sale and Privacy Policy  constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.

 

19.          Law and jurisdiction

 

These Terms are governed by and construed in accordance with Hong Kong laws. Any disputes relating to these Terms will be subject to the exclusive jurisdiction of the Hong Kong courts. The English version of these Terms will prevail over the Chinese version in case of any conflict.

 

20.          Contact Us

 

You can contact us:

 

(a)          using our website Contact Us form;

(b)          by email to cs@jebsenfinewines.com.

(c)           by telephone (852) 3180 3424; or

(d)          by post, to 28/F, Lee Garden Two, 28 Yun Ping Road, Causeway Bay, Hong Kong